The Tennessee law below sets out Tennesseans’ rights for being able to take time off to vote. Most employers encourage their employees to vote and we encourage all Tennesseans to work with their employer to find a mutually agreeable time to vote. You should consider early voting, like we took advantage of here at McNulty & Associates. If your employer is refusing to allow you to take time off and you qualify under the provisions below, you should contact a licensed Tennessee Attorney.
T.C.A. § 2-1-106. Absenteeism for voting.
(a) Any person entitled to vote in an election held in this state may be absent from any service or employment on the day of the election for a reasonable period of time, not to exceed three (3) hours, necessary to vote during the time the polls are open in the county where the person is a resident.
(b) A voter who is absent from work to vote in compliance with this section may not be subjected to any penalty or reduction in pay for such absence.
(c) If the tour of duty of an employee begins three (3) or more hours after the opening of the polls or ends three (3) or more hours before the closing of the polls of the county where the employee is a resident, the employee may not take time off under this section.
(d) The employer may specify the hours during which the employee may be absent. Application for such absence shall be made to the employer before twelve o’clock (12:00) noon of the day before the election.
