October 30, 2012
TO:tttPrincipal Investigators and Project Administrators
FROM: Nelson Sakamoto
Director of Human Resources
SUBJECT:t2012 General Election
tttGuidance Relating to Voting Time for Employees working on November 6, 2012
Under Hawai’i Revised Statutes § 11-95, any employee registered to vote, and who normally do not have a free two-hour period, excluding lunch/rest periods/breaks, while voting polls are open, MUST BE given two hours paid leave in order to vote in the upcoming Primary and General Elections. This requirement is not applicable to employees whose work schedules begins after 9:00 a.m. or is finished by 4:00 p.m. The RCUH recognizes the General Election Day as a paid holiday. The election date and polling time is:
General Election Day
Tuesday, November 6, 2012
Polling Hours: 7:00 a.m. – 6:00 p.m.
“Voting Time” – “Employees entitled to leave on election day for voting” as provided under Hawai’i Revised Statutes § 11-95: Any voter shall on the day of the election be entitled to be absent from any service or employment in which such voter is then engaged or employed for a period of not more than two hours (excluding any lunch or rest periods) between the time of opening and closing the polls to allow two consecutive hours in which to vote. Such voter shall not because of such absence be liable to any penalty, nor shall there be any rescheduling of normal hours or any deduction made, on account of the absence, from any usual salary or wages; provided that the foregoing shall not be applicable to any employee whose hours of employment are such that the employee has a period of two consecutive hours (excluding any lunch or rest periods) between the time of opening and closing the polls when the employee is not working for the employer. If, however, any employee fails to vote after taking time off for that purpose the employer, upon verification of that fact, may make appropriate deductions from the salary or wages of the employee for the period during which the employee is hereunder entitled to be absent from employment. Presentation of a voter’s receipt by an employee to the employer shall constitute proof of voting by the employee.”
Time Reporting Procedures (Only for RCUH Required to Work on November 6, 2012): Any employee required to work on November 6, 2012 and are allowed 2.0 hours to vote, must present a “Voter’s Receipt” as proof of voting. Report these “2.0 hour voter time allowance” as REGULAR work hours.
Any employee who fails to present a “Voter’s Receipt” when their timesheets are due should have these 2.0 hours reported as vacation or unpaid leave of absence.