Discrimination on the Job Article


Elections and the Workplace

Employees may want to vote in an election, but cannot afford to miss work.  Other employees may want to vote, but their employer will not let them take the take time off to vote.  There is a law in Arizona that requires employers to give employees paid time to vote.

Arizona Revised Statute 16-402 requires Arizona employers to provide time off for an employee to vote in a primary or general election if the employee has less than three hours either before or after work in which to vote. The employer cannot deduct pay for work time missed as part of these three consecutive hours to vote. This voting law says the employer, not the employee, can specify the hours the employee can take off work to vote.

For example, if the polls are open from 7:00 a.m. to 7:00 p.m. and an employee’s work schedule is from 8:00 a.m. to 5:00 p.m., the employee has only one hour to vote before the employee is scheduled to start work or just two hours to vote after the employee’s work shift ends. The employee does not have three consecutive hours to vote before or after the workday.  Therefore, the employee is entitled to some paid time off to vote if the employee wants to vote in the election. 

The employer can specify the employee’s three consecutive hours to vote are from 7:00 a.m. to 10:00 a.m. or from 4:00 p.m. to 7:00 p.m. If the employer specifies the three consecutive hours to vote are from 7:00 a.m. to 10:00 a.m., the employee must pay the employee for any work missed due to from 8:00 a.m. to 10:00 a.m. because the employee was voting. The employer is not obligated to pay the employee from 7:00 a.m. to 8:00 a.m. because this time is not part of the employee’s regular shift.

If the employer specifies the three consecutive hours to vote are from 4:00 p.m. to 7:00 p.m. the employer must pay the employee for work missed after 4:00 p.m.  The employer is not obligated to pay the employee from 5:00 p.m. to 7:00 p.m. because this time is not part of the employee’s regular shift.

Employers can require that employees wanting to take time off to vote must apply for the time off prior to the election date.  The law does not specify the method in which employees must apply for the time off.

What to do if you are denied time off to vote

If you inform your employer prior to the election date that you will need time off to vote and your employer denies your time off, speak to your employer’s HR department or the person in charge of the company.

If you are still denied time off to vote, you may contact the Arizona attorney general office who can file misdemeanor charges against your employer.  Here is the contact information for the Arizona attorney general offices;

Phoenix Office
1275 West Washington Street
Phoenix, AZ 85007-2926
(602) 542-5025
       
Tucson Office
400 West Congress
South Building, Suite 315
Tucson, AZ 85701-1367
(520) 628-6504

Prescott Office
1000 Ainsworth Dr.
Suite A-210
Prescott, AZ  86305-1610
(928) 778-1265

Comments:

QUESTIONS

  • I just have one question. A week ago my supervisior came to the job site on Sunday and he was clearly under the influence. He made a comment to me that someone needs to be fired and that this is not Poland where you ride donkeys and play Mickey Mouse games. Yes I am Polish and this just rubbed me the wrong way. I just want to know if I have a chance to file a case against the employer?
  • My employer is now requiring me to get a physical to return into work due to me mentioning that I need to be seen for mental issues and problems I have been having. Can they require me to do this?
  • I have been employed at the same job for 9 years. Can my employer ask my age? Ask if I'm going to retire? Ask if I filed for Social Security? Ask how much I will be receiving every month then cut my hours from 40 per week to 24 per week? Tell me my job is guaranteed to the end of the year and then it depends if he will keep me. I have over 24 years experience and he was going to lay me off and keep the person in their 30's who has 5 years experience because they made $6,000 less than me. Can he do this since I'm a senior citizen?
  • What is a disability under the ADA?
  • If I think that you have a "disability," what "reasonable accommodation" does your company have to make?
  • When I apply for a job, should I tell them about my disability?
  • I was recently laid off work as a biomedical technican, allegedly for "reduction in force" needs. I suspect that my selection for dismissal was primarily based on my age (44yo), as a recently highed 22yo female technician was retained despite having almost no experience and still being trained. I can't afford high lawyer consult fees so what can I do to determine if I have a valid claim?
  • I hired into a company through a temp agency, this company hires only the white people into their company and puts all of the blacks in a separate room, and they also take jobs from black to give to whites and omit the deficult parts to make easy for them, but would not do this for the blacks, what is my recourse.
  • What is the Americans with Disabilities Act (ADA)?
  • How many employees must an employer have to fall under Arizona's age discrimination laws

STORIES

  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .

LegalLEARN

YOUR FEEDBACK IS NEEDED

FIND LEGAL HELP

  • Please select your county of residence below.

    County:
     

OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

ORGANIZATIONS