§3-1-42. Time off for voting

Published: 2015

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WVC 3-1-42

§3-1-42. Time off for voting.

Every person entitled to vote at any election who may be

employed by any person, company, or corporation on the day on which

such election shall be held in this state, shall, on written demand

of such employee, made at least three days prior thereto, be given

a period of not more than three hours, if necessary, between the

opening and the closing of the polls on such day, for the purpose

of enabling such person to repair to the place of voting to cast

his vote and return, without liability to any penalty or deduction

from his usual salary or wages on account of such absence, except

that any employee, who has three or more hours of his own time away

from his work or place of employment at any time between the hours

of the opening and the closing of the polls on election day and who

fails or neglects to vote or elects not to vote during such free

time away from his work or employment, may be subject to wage or

salary deductions for the time actually absent from his work or

employment for voting in such election.

In essential government, health, hospital, transportation and

communication services and in production, manufacturing and

processing works requiring continuity in operation, the employer

may, upon receipt of such written demand for voting time off,

arrange and schedule a calendar of time off for any and all of his

employees for voting so as to avoid impairment or disruption of

essential services and operations, but every such schedule or

calendar of time off for voting so arranged shall provide ample and convenient time and opportunity for each employee of such services

or works to cast his vote as herein provided.

Note: WV Code updated with legislation passed through the 2015 Regular Session

The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.