The U.S. election is fast approaching, with early voting already underway in many locations. While the majority of states require employers to give workers time off to vote, very few employees take advantage of it—and many don’t even know such a right exists.

A survey from Brightmine (formerly XpertHR)—which offers people data, analytics and related solutions—found that despite 31 states having policies that mandate workers receive time off to vote, less than one-third of employees surveyed say their employer offers voting-leave policies.

“I don’t have a crystal ball, but as we look toward the future, I expect to see more voting leave allowances even when not required by law,” says Melissa Stein, legal editor at Brightmine. “Employees, particularly Gen Z, increasingly expect employers to be engaged in the community and to support employees as their whole selves.”

See also: Election year HR strategies: Preparing for changes to employment laws

A lack of communication could be why only 28% of the 2,000 Americans surveyed have ever used voting time off to cast a ballot in any local, state or federal election. Despite being eligible to vote in the fewest elections, far more millennials (38%) and Gen Zers (36%) have used voting time off, compared to Gen Xers (25%) and baby boomers (16%).

A patchwork of voting-leave laws

Voting leave requirements vary from state to state. For instance, some states only require time off to vote if an employee’s work schedule prevents them from making it to the polls.

“Depending on the law, an employer’s PTO policy may fulfill its voting-leave requirements,” Stein adds, noting that in other instances even if a voting-leave law does not apply to their workforce, an employer may choose to provide time off to vote as a benefit.

“While it’s a given that employers must comply with legal requirements, it’s also generally a good idea for employers to be generous when it comes to voting leave, whether or not required by law,” Stein says. “I don’t have a crystal ball, but as we look toward the future, I expect to see more voting leave allowances even when not required by law.”

She adds that employers know that morale plays a significant role in a company’s success, and if time off to vote can tip the scales in that direction, employers are going to jump on board.

“Of course, the how of implementing such a policy is also important,” she says.

Jonathan Segal, a partner at the Duane Morris LLP law firm, says HR must consider a number of legal issues when crafting or strengthening voting-leave policies. A critical one relates to multi-state employers that operate in states with differing laws regarding mandated employee time off to vote.

“While legally the employer could treat the employees differently based on applicable state laws, culturally the employer may wish to consider providing the time-off benefit to all employees,” he says.

HR must also consider other regulations, like the Fair Labor Standards Act, Segal says. Even if a state law provides that time off to vote can be without pay, generally speaking, under the FLSA, if the employee is exempt, the time off must be with pay.

Communicating company policies on time off to vote

The Brightmine survey demonstrates a great need for improvement in communicating these policies, Stein says.

“Not only should HR leaders clearly communicate and consistently apply and enforce the policies, but there should be no partisan leaning when it comes to communicating such policies to employees,” she explains.

Ensure employee handbooks, for instance, explicitly state the organization’s position, and reinforce the policy through informational sessions or workshops. HR can also create easy-to-follow, accessible materials—such as FAQs, brochures or digital content—to help clarify the rules.

In its messaging, Segal adds, HR should be sure to avoid any inference that employees are expected to vote a certain way.

“The suggestion on how to vote may come not only from what is said but also from who has said it,” he says. “If someone is politically active with known political preferences, they may not be the best person to deliver the message about the time off employees are given to vote.”

Managers may need to help communicate the policies, and they should be instructed not to ask employees how they are voting nor to disclose how they themselves are voting, he adds. HR should also emphasize that any discrimination in providing employees time off based on their actual or perceived political preference would subject managers to termination.

While Segal says it’s not clear any such discrimination would constitute election interference, he’s certain that no responsible employer should test the issue.

Brightmine’s Stein says that above all else, it’s crucial for employers to cover every base in explaining and clarifying voting-leave policies.

“Implementing clear policies, fostering an inclusive culture and promoting voting-leave rights can help organizations maintain a productive and positive work environment during this unprecedented election cycle,” she says.

The post Most workers get time off to vote, but few take it. Why? appeared first on HR Executive.