(a) For the purposes of this section, the term:
(1) "Educational institution" means any school in the District of Columbia Public Schools system, a public charter school, an independent school, a private school, a parochial school, or a private instructor in the District.
(2) "Employee" means any individual employed by an employer who is eligible to vote.
(3) "Employer" means any person who, for compensation, employs an individual.
(4) "Student" means any person who is enrolled in an educational institution who is eligible to vote.
(b)(1) Upon the request of an employee, an employer shall provide the employee at least 2 hours of paid leave to vote in person in any election held under this subchapter, or, if the employee is not eligible to vote in the District, in any election run by the jurisdiction in which the employee is eligible to vote; provided, that the employee would have been scheduled to work during the time for which the leave is requested.
(2) An employer may:
(A) Require the employee to request the leave a reasonable time in advance; and
(B) Specify the hours during which the employee may take the leave, including by requiring that the employee take the leave:
(i) During a period designated for early voting instead of on the day of the election; or
(ii) At the beginning or end of their working hours.
(3) An employer shall not deduct from an employee's salary, wages, or accrued leave for leave taken under this section.
(4) It shall be unlawful for an employer to:
(A) Interfere with, restrain, or deny any attempt to take leave pursuant to this subsection; or
(B) Retaliate against an employee in any manner for taking leave pursuant to this subsection.
(5) An employer shall post and maintain a notice, developed by the Board in consultation with the Office of Human Rights' Language Access Program, in a conspicuous place, that includes an easily understood description of the provisions of this subsection.
(c) Upon the request of a student, an educational institution shall provide the student an excused absence of at least 2 hours to vote in person in any election held under this subchapter, or, if the student is not eligible to vote in the District, in any election run by the jurisdiction in which the student is eligible to vote; provided, that the student's educational institution may specify the hours during which the student may take the leave, including by requiring that the student take the leave during any period designated for early voting instead of on the day of the election.
(d) Before each election held under this subchapter, the Board shall publicize the provisions of this section.
(e) The Board, subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this section.
(Aug. 12, 1955, 69 Stat. 700, ch. 862, § 7a; as added June 24, 2020, D.C. Law 23-110, § 2, 67 DCR 5057.)
ApplicabilitySection 7079 of D.C. Law 23-149 repealed section 3 of D.C. Law 23-110 removing the applicability provision impacting this section. Therefore, the creation of this section by Law 23-110 has been implemented.
Applicability of D.C. Law 23-110: § 3 of D.C. Law 23-110 provided that the creation of this section by § 2 of D.C. Law 23-110 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.