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H.R. 4908: Time Off to Vote Act

This bill, known as the Time Off to Vote Act, aims to ensure that employees have the opportunity to participate in Federal elections by providing a minimum of two consecutive hours of paid leave for voting-related activities. Below are the major components of the bill:

Paid Leave Requirement

Employers are required to grant employees at least two consecutive hours of paid leave upon request to allow them to:

Vote in person on election day,
Return a mail-in ballot in person, or
Engage in other voting-related activities while polls are open.

Employer's Rights

Employers have the right to determine the specific two-hour period that employees can take for this leave. This could include designating the time during early voting periods, in accordance with state laws. Additionally, breaks such as lunch cannot be included in the two-hour count but can be taken consecutively with it.

No Loss of Employment Benefits

Taking leave under this act will not cause employees to lose any employment benefits that they have accrued prior to taking the leave.

Protection Against Interference and Retaliation

Employers are prohibited from interfering with, restraining, or denying the right of employees to take leave under this act.
It is also unlawful for employers to discriminate against employees for taking this leave, or for any related actions, such as opposing practices that violate this act or participating in investigations related to it.

Investigative Authority

The Secretary of Labor is granted the authority to investigate violations of this act, applying similar terms and conditions as those in the Family and Medical Leave Act of 1993.

Enforcement and Penalties

Employers who violate this act may face civil penalties of up to $10,000 per violation. The Secretary of Labor will assess these penalties, considering the size of the employer and the gravity of the violation.

Definitions

For the purposes of this act:

An employee is defined by the Fair Labor Standards Act of 1938.
An employer refers to any person or entity that employs 25 or more employees during a calendar year, including those who act in the interest of the employer.

State and Local Laws

The bill acknowledges that it does not override any state or local laws that provide greater leave benefits for voting than those outlined in this legislation.