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Ohio law permits most public employees to work polls without using banked leave time

Oct. 25, 2007 - Some public employees will earn money from two sources on General Election Day this year, while meeting an urgent need for poll workers.

State, county and local government employees who are eligible to take manager-approved paid time off from work to volunteer as a precinct judge may also collect a poll worker check, according to Ohio law.

Public school teachers and elections officials, however, are not eligible to request this type of leave.

Board of Elections (BOE) officials remind public workers that to qualify an employee must request and receive prior approval from the supervisor or manager.

PLEASE NOTE: The decision to grant an employee's request is up to the employer.

Application and use are reported to vary by government agency, according to BOE officials and union staff, due to issues like workload and coverage.

Also, this state law cannot supersede nor negate any provision of a collective bargaining agreement in effect under Chapter 4117 of the Revised Code.

For the actual law, read the text below or go to:
Ohio Revised Code 3501.28 (G) (1 -4) - Compensation of precinct officials

(G)(1) Except as otherwise provided in divisions (G)(4) to (6) of this section, any employee of the state or of any political subdivision of the state may serve as a judge of elections on the day of an election without loss of the employee’s regular compensation for that day as follows:

(a) For employees of a county office, department, commission, board, or other entity, or of a court of common pleas, county court, or county-operated municipal court, as defined in section 1901.03 of the Revised Code, the employee’s appointing authority may permit leave with pay for this service in accordance with a resolution setting forth the terms and conditions for that leave passed by the board of county commissioners.

(b) For all other employees of a political subdivision of the state, leave with pay for this service shall be subject to the terms and conditions set forth in an ordinance or a resolution passed by the legislative authority of the applicable political subdivision.

(c) For state employees, leave with pay for this service shall be subject to the terms and conditions set forth by the head of the state agency, as defined in section 1.60 of the Revised Code, by which the person is employed.

(2) Any terms and conditions set forth by a board of county commissioners, legislative authority of a political subdivision, or head of a state agency under division (G)(1) of this section shall include a standard procedure for deciding which employees are permitted to receive leave with pay if multiple employees of an entity or court described in division (G)(1)(a) of this section, of an entity of a political subdivision described in division (G)(1)(b) of this section, or of a state agency as defined in section 1.60 of the Revised Code apply to serve as a judge of elections on the day of an election. This procedure shall be applied uniformly to all similarly situated employees.

(3) Any employee who is eligible for leave with pay under division (G)(1) of this section shall receive, in addition to the employee’s regular compensation, the compensation paid to the judge of an election under division (B), (C), or (D) of this section.

(4) Division (G)(1) of this section does not apply to either of the following:

(a) Election officials;
(b) Public school teachers.
(5) Nothing in division (G)(1) of this section supersedes or negates any provision of a collective bargaining agreement in effect under Chapter 4117. of the Revised Code.

See Related

Poll workers needed Nov. 6; Spread word, volunteer now

Poll worker verification form for State of Ohio employees (PDF)

Ohio Revised Code 3501.28 - Compensation of precinct officials

Website of the Franklin County Board of Elections - Poll Worker Information

Website of Ohio Secretary of State

Ohio County Boards of Election Directory