October 29, 2008 -- Attorney General Steve Six today reminds employers that they must give their employees time to vote next Tuesday, November 4th. According to Kansas law, on Election Day an employee is entitled to two hours to vote while the polls are open. The employer can specify the time, but the employer cannot force the employee to vote over their lunch hour.
"It is important that employers make sure their employees have the opportunity to participate in the democratic process," Six said. The law about voting and leave is K.S.A. 25-418 (See below).
K.S.A. 25-418. Leave allowance for employees to vote; obstruction of voting privilege, penalty
Any person entitled to vote at an election conducted by a county election officer in this state shall, on the day of such election, be entitled to absent himself from any service or employment in which he is then engaged or employed for a period of not to exceed two (2) consecutive hours between the time of opening and closing of polls: Provided, That if the polls are open before commencing work or after terminating work but the period of time the polls are so open is less than two (2) consecutive hours, he shall only be entitled to absent himself from such service or employment for such a period of time which, when added to the period of time the polls are so open, will not exceed two hours; and such voter shall not because of so absenting himself be liable to any penalty, nor shall deductions be made, on account of such absence, from his usual salary or wages.
The employer may specify the particular time during the day which said employee may absent himself as aforesaid except such specified time shall not include any time during the regular lunch period.
Obstruction of voting privilege is (a) intentionally obstructing an employee in his or her exercise of voting privilege or (b) imposing a penalty upon an employee exercising his or her voting privilege under this section.