As Election Day approaches on November 5, 2024, South Dakota employers should ensure they understand applicable legal requirements surrounding employees’ time off to vote. As individuals will be voting for, among other offices, the President and Vice President of the United States, it is important that employers support their employees’ right to vote. Employers can request that employees vote prior to or after their work shift, as polls are open in South Dakota from 7 am to 7 pm. However, under state law, employees are permitted to take two consecutive work hours off to vote if their work schedule does not allow for two free consecutive hours before or after their scheduled work time during polling hours. In this situation, the employer is permitted to dictate the hours during which the employee may be absent and must pay the employee for two consecutive hours of paid leave at the employee’s regular hourly rate of pay in order to vote. If an employee is absent during work time to vote, the employer cannot make any deduction from the employee’s salary or wages on account of such absence, or otherwise penalize the employee. Employers who violate the statute can be found guilty of a Class 2 misdemeanor.
In light of the above, employers are encouraged to
- review their policies and procedures on time off to vote as soon as possible;
- update as necessary to be in compliance with applicable law; and
- be prepared in advance for employees’ questions on this topic.
Employers may wish to consider sending an email or other alert to employees on this topic soon to clarify the procedures for employees. This should assist employers and employees with a smooth process for an important day for our nation and encourage employees’ civic duty to vote.
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