J. Kent's Blog - Articles for Employers and Job Seekers

Voting Leave (Colorado Law) and Politics in the Workplace

Posted by: Emma Berdanier on October 30th, 2018

Fortunately, there are many options available today on how and when to vote (mail-in ballot is my personal favorite). But, as we all know, some people just like to head to the voting centers on Election Day and then proudly display their “I VOTED” sticker on their lapel. Employers can encourage – but not require – employees to vote using a certain method, but they can mandate the hours the employee takes off to minimize the disruption to the workplace. So, for those employees who prefer to vote in person on Election Day, Colorado employers need to know the law regarding Voting Leave.

Voting Leave – Colorado Law

Colorado law requires employers to provide employees with up to two hours of paid leave to vote, unless:

  1. An employee has not requested the leave at least one day before the vote date, or
  2. The employee has three or more hours after the opening or before the closing of the polls during which the voter is not required to be on the job.

An employer may specify the hours an employee may take leave to vote, but the period must fall at the beginning or end of the work period if the employee so requests.CO Stat. 1-7-102

Politics in the Workplace

Amid every election season, politics seems to infiltrate into almost every aspect of life, and the workplace is certainly not excluded. Employers must take note of important legal issues involving politics in the workplace. Impassioned political conversations may be deemed discriminatory or harassing to an individual based on gender, national origin, race, or religion. But employers may not prohibit all political discussion in the workplace because some political speech could intersect with work-related matters (i.e., immigration reform, equal pay, minimum wage…) and therefore may be protected.


The Information Provided Does Not Constitute Legal Advice

J. Kent Staffing is a Denver temporary staffing agency and has a world-wide audience.  Employment laws and regulations vary from state to state and country to country. Therefore, employers, temporary staffing agencies, and direct hire recruiting firms should consult their own labor or employment law attorneys with additional questions or for guidance and more information specific to their country, state and workplace.

Sources Used:  1) ASA Staffing Today, 10/26/2018, “Politics and Election Law in the Workplace: Midterm Elections 2018”, JD Supra (10/25/2018) Noah Frank; Brian Wacker, 2) www.employmentlawhandbook.com/leave-laws/state-leave-laws/colorado/#5