§11-95 - Employees entitled to leave on election day for voting.
§11-95 Employees entitled to leave on
election day for voting. (a) Any voter shall on the day of the election
be entitled to be absent from any service or employment in which such voter is
then engaged or employed for a period of not more than two hours (excluding any
lunch or rest periods) between the time of opening and closing the polls to
allow two consecutive hours in which to vote. Such voter shall not because of
such absence be liable to any penalty, nor shall there be any rescheduling of
normal hours or any deduction made, on account of the absence from any usual
salary or wages; provided that the foregoing shall not be applicable to any
employee whose hours of employment are such that the employee has a period of
two consecutive hours (excluding any lunch or rest periods) between the time of
opening and closing the polls when the employee is not working for the
employer. If, however, any employee fails to vote after taking time off for
that purpose the employer, upon verification of that fact, may make appropriate
deductions from the salary or wages of the employee for the period during which
the employee is hereunder entitled to be absent from employment. Presentation
of a voter's receipt by an employee to the employer shall constitute proof of
voting by the employee.
(b) Any person, business, or corporation who
refuses an employee the privileges conferred by this section, or subjects an
employee to a penalty or deduction of wages because of the exercise of the
privileges, or who directly or indirectly violates this section, shall be
subject to a fine of not less than $50 nor more than $300.
(c) Any action taken to impose or collect the
fines established in this section shall be a civil action. [L 1970, c 26, pt of
§2; am L 1976, c 106, §1(7); am L 1981, c 100, §1(1); am L 1998, c 236, §1]