Providing time off from work to attend presidential precinct caucuses, making penalties applicable, and including effective date provisions

The bill provides that the requirement to allow time off does not apply if the person is employed in a position that affects the protection of public health or safety or by an entity that would experience severe economic disruption due to the person’s absence. Such employer must file a written notice with the county commissioner of elections specifying the exigent circumstances justifying the denial of such leave and the minimum number of persons needed, by position, to protect public health and safety or maintain minimum operational capacity, and that the number of persons not applying for leave is less than the minimum number specified by the employer. The denial of leave for those number of persons needed to reach the minimum staffing number specified must be done in a nondiscriminatory manner. The bill also permits an employer, in lieu of providing unpaid leave, to provide paid leave for the absence or to allow affected employees the option to work the hours of the absence at another time to the extent permitted by law so long as either option is made available to all affected employees. The bill provides that an employer who denies an employee the privilege conferred by this bill to attend a presidential precinct caucus commits election misconduct in the fourth degree, a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than days or a fine of at least $65 but not more than $625 or by both. The bill takes effect upon enactment.