§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 2016 Regular Session
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