I live in Ohio but work in West Virginia. The election is on Tuesday and I do not want to miss my chance to vote. According to election law in OH, I am to be given leave reasonable for me enough to vote and return to work. WV law states that I must give three days notice to my employer of my intent to vote. If I do not have three hours of non-working time while the polls are open, the employer is to grant the request without penalty. My question is, would this fall under Ohio law since the election is in Ohio, or would this fall under West Virginia law since the law is more aimed at employers than at employees? Thank you!
Employment / Labor Attorney
Your employer would follow the state voting leave laws in its own state, West Virginia. You are correct that this means that with three (3) days written notice, an employer must allow you up to three (3) hours of leave in order to vote.
Lori A. Strobl
Strobl & Associates, Co LPA
1015 E. Centerville Station Rd.
Centerville, Ohio 45459
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The employer is subject to the laws of the State of West Virginia, which is where it is located. Regardless of the laws, many employers are often willing to permit their employees to vote, so you may just want to speak with your supervisor next time you wish to vote.
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