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West Virginia employers must provide employees with time off to vote in accordance with these state rules.
In West Virginia an employer that has been given notice of the need for time off must give an employee sufficient time between the opening and closing of the polls to vote.
Paid time off rules: Time off to vote is provided without a deduction from wages because of such absence.
Advance notice requirements: Time off to vote is granted upon written demand made at least three days prior to election day.
Amount of time off allowed: An employee is permitted up to three hours off to vote, if needed.
When time off not allowed: An employee who has three or more hours of nonworking time while the polls are open and fails to vote is not entitled to pay during such absence from work. The employer may schedule ample and convenient time off when it is engaged in certain activities requiring continuity of operations.
Employer penalty for violation: For corporations, fine up to $1,000; other employers/individuals, fine up to $500 and/or jail up to 6 months.