With the hotly contested Mid-Term Elections that are coming up on Tuesday, November 6, 2018, all Employers in the State of Illinois should be aware of their obligations with regard to their employees, both with regard to actual voting and with regard to their employees serving as an Election Judge or Precinct Official.

TIME OFF FOR VOTING: In the State of Illinois, Employers must allow Employees two (2) hours off work between the time of the opening and closing of polls to vote, provided the Employees’ request leave before Election Day. This two (2) hours of time off applies only if an Employee’s working hours begin less than two (2) hours after the opening of the polls and end less than two (2) hours before the closing of polls. Employers may specify the hours that an individual can be absent. Employers are also prohibited from imposing any penalties on Employees for taking time off to vote.

TIME OFF TO SERVE AS ELECTION JUDGE OR PRECINCT OFFICIAL: As well, the State of Illinois requires Employers to give Employees time off (including up to an entire day) to perform services as an Election Judge or Precinct Official. Obviously, Employees are required to give advance notice of their absence to work as an Election Judge or Precinct Official to an Employer and in most cases this leave is unpaid, although an Employee can request payment through a vacation or personal time off plan.

Questions? Contact attorney Walter Liszka in our Chicago office at (312) 629-9300 or by e-mail at waliszka@wesselssherman.com.