West Virginia Code § 3-1-42

Time off for voting
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Every person entitled to vote at any election who may be employed by any person, company,
or corporation on the day on which such election shall be held in this state, shall, on written
demand of such employee, made at least three days prior thereto, be given a period of not
more than three hours, if necessary, between the opening and the closing of the polls on
such day, for the purpose of enabling such person to repair to the place of veoting to cast his
vote and return, without liability to any penalty or deduction from his usual salary or wages
on account of such absence, except that any employee, who has three orr more hours of his
own time away from his work or place of employment at any time between the hours of the
opening and the closing of the polls on election day and who fails or neglects to vote or
elects not to vote during such free time away from his work or employment, may be subject
to wage or salary deductions for the time actually absent frotm his work or employment for
voting in such election.
In essential government, health, hospital, transportation and communication services and in
production, manufacturing and processing works requiring continuity in operation, the
employer may, upon receipt of such written desmand for voting time off, arrange and
schedule a calendar of time off for any and all of his employees for voting so as to avoid
impairment or disruption of essential services and operations, but every such schedule or
calendar of time off for voting so arrganged shall provide ample and convenient time and
opportunity for each employee of such services or works to cast his vote as herein provided.

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