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A State-By-State Guide to Employee Voter Leave
A State-By-State Guide to Employee Voter Leave
Employer Voting Requirements By State: November 2023 U.S. Election
On Election Day, employers must be aware and prepared to handle obligations to the workforce around voting rights. Although there is no federal law that requires employers to provide their employees with time off to vote, currently, 31 states and the District of Columbia have these provisions, some of which are paid and others unpaid. For companies with a workforce spread across states, it may be beneficial to extend the same leave benefits to all employees, regardless of location.
Compliance aside, forward-thinking employers are going beyond a compliance mentality and taking extra measures to encourage civic responsibility. The research has confirmed time and again that associating your brand with civic engagement has long-term benefits such as customer loyalty, positive brand recognition and enhanced employee experience.
Employers may want to consider issuing statements to their workforce, like the one below (being sure to ensure your state’s legal compliance prior to issuing):
[Company name] believes every employee should have the opportunity to vote in any federal or state election, general or primary. All employees are encouraged to vote before or after normal working hours. In those instances where scheduled work hours will not allow adequate time to vote, employees may request in advance up to XX hours of paid time off [indicate if paid or unpaid] during the workday to vote.
It’s also important to note that some state laws require employees to provide their employers with notice of the leave. For example, employers in New York and California must post a notice of leave. For example, employers in New York and California must post a notice regarding voting leave laws. Employers should be aware of the voting leave laws that apply to them and be prepared to comply with any applicable requirements.
State and Voter Leave Requirements
Alabama
Employees may take up to one hour of leave to vote in any municipal, county, state, or federal primary or general election. However, if an employee’s work schedule begins at least two hours after the polls open, or ends at least one hour prior to the polls closing, the employee is not eligible for voting leave. Employees must provide reasonable notice to their employers if they require time off to vote. The employer may specify the hours of leave. Ala. Code 1975 § 17-1-5
Alaska
Employers must provide employees with paid leave to vote on an election day, unless the employee has two consecutive hours of non-working time, either between the opening of the polls and the start of his or her shift, or between the close of the polls and the end of his or her shift. AS § 15.15.100; AS § 15.56.100
Arizona
Employers must provide employees with paid leave to vote in a primary or general election, unless they have at least three hours before or after work to do so. Employers must provide an amount of leave that would give employees three consecutive hours (including non-working time) to vote at the polls. Employees must apply for leave prior to election day. Employers may designate the hours that employees may be absent. A.R.S § 16-402
Arkansas
Employers must schedule employee work hours on election day in a way that will allow employees the opportunity to vote. A.C.A. § 7-1-102
California
Employers must provide employees who do not have sufficient time outside of working hours to vote on election day with leave for voting purposes. An eligible employee is entitled to take as much time off as necessary to vote. However, employers are only required to pay the employee for up to two hours of missed work time for voting leave. In addition, unless the employer and employee agree otherwise, an employee may only take leave at the beginning or end of his or her regular working shift (whichever allows the most free time for voting and the least time off from his or her regular working shift).
If, on the third working day before an election, the employee knows or has reason to believe that he or she will need time off to vote, the employee must give the employer at least two working days’ notice of his or her intent to take leave.
Employers must post a notice informing employees of their voting leave rights at least 10 days before every statewide election. The notice must be posted conspicuously at the workplace or where it can be seen as employees come or go to their place of work. The California Secretary of State's office has provided sample notices in both English and Spanish. Cal. Elec. Code § 14000; Cal. Elec. Code § 14001
Colorado
Employers must provide employees with up to two hours of paid leave to vote in any primary or general election. An employer is not required to grant voting leave to any employee who has three or more hours off from work while the polls are open. Employees must apply for leave prior to election day. The employer may specify the hours during which the employee may be absent. However, if the employee requests that the time away from work be at the beginning or end of the work shift, the employer must grant this request. Colo. Rev. Stat. § 1-7-102
Connecticut
Employers must provide up to two hours unpaid time off to vote during the employee's regularly scheduled work hours on the day of a regular state election. If the employee is an elector in the case of a special election for US Senator, US Representative, state senator, state representative, or judge of probate, up to two hours unpaid time off to vote for registered voters only. Employees must request the unpaid time off at least two working days in advance of the election. Conn. Gen. Stat. § 31-57y.
Delaware
No specific law requiring time off to vote
District of Columbia
Employers must provide employees with at least two hours of paid leave to vote in person in any district election or any election in a jurisdiction where the employee is eligible to vote. Leave is granted upon employee request; however, the employee must be scheduled to work during the time leave is requested. Employers may require a reasonable time of advance notice for the leave. Employers may also specify the hours the employee may take the leave, including during early voting hours or at the beginning or end of the employee’s working hours. D.C. Code § 1-1001-07a.
Florida
No specific law requiring time off to vote
Georgia
Employers must provide employees with up to two hours of time off to vote in any municipal, county, state, or federal political party primary or election. However, leave is not available if the employee’s work hours begin at least two hours after the polls open or end at least two hours before the polls close. Employees must provide the employer with reasonable notice of the absence. Employers may specify the hours during which the employee may be absent. GA ST § 21-2-404
Hawaii
Employers must provide employees with up to two hours of unpaid leave, excluding lunch or rest period, to vote. Employers are not required to provide voting leave if an employee has two consecutive hours, excluding lunch or rest period, of non-working time while polls are open. Employees may not be subjected to rescheduling of normal hours or any deduction from usual salary or wages for the absence, unless the employee does not vote. Haw. Rev. Stat. § 11-95
Idaho
No specific law requiring time off to vote
Illinois
Employers must provide employees with up to two hours of paid leave to vote in a general or special election or an election where propositions are submitted for a vote. The employer may specify the hours during which the employee may take leave to vote. To qualify for two hours of voting leave, the employee’s working hours must begin less than two hours after the polls open and end less than two hours before the polls close. An employee must apply for leave with the employer prior to the day of the election. IL ST CH 10 § 5/17-15
Indiana
No specific law requiring time off to vote
Iowa
An employer must provide paid leave in an amount that, when added to the employee's nonworking time, totals two consecutive hours while the polls are open. Employees are not eligible for leave if they have two consecutive nonworking hours to vote while the polls are open. Leave must be requested in writing before the election, and employers may designate the leave period. Iowa Code § 49.109.
Kansas
Employees must be allowed up to two consecutive hours of paid time off to vote in an election. However, if polls are open outside an employee’s working hours, the employee must only be allowed leave that provides at least two consecutive hours when added to the employee’s non-working hours. An employer may specify the hours an employee may leave work to vote but may not designate the employee’s lunchtime for voting. K.S.A § 25-418
Kentucky
Employees who apply for leave from work to vote prior to election day must be allowed at least four hours of leave to vote on election day. An employer may specify the hours that the employee may leave to vote. An employee may not be penalized for taking time off to vote (unless the employee fails to vote under circumstances that did not prevent him or her from voting). KRS § 118.035
Louisiana
No specific law requiring time off to vote
Maine
No specific law requiring time off to vote
Maryland
Employers must provide employees with up to two hours of paid leave to vote. However, leave is not required for employees who have at least two consecutive hours off work when the polls are open. Md. Code Ann., Elec. Law § 10-315
Massachusetts
All employers in the manufacturing, mechanical, or mercantile industries must allow eligible employees to take leave to vote if employees request leave. An employee may request to leave work during the two hours after the polls open in the voting precinct, ward, or town where the employee is entitled to vote. Mass. General Laws 149, § 178
Michigan
No specific law requiring time off to vote
Minnesota
An employee is entitled to be absent from work for the time necessary to appear at the employee’s polling place, cast a ballot and return to work on the day of an election. An employer may not penalize an employee or deduct from salary or wages because of the absence. For purposes of these voting leave rights, an election means:
- A regularly scheduled election;
- An election to fill a vacant U.S. Senate or House of Representatives seat;
- An election to fill a vacancy in nomination for a constitutional office;
- An election to fill a vacant Minnesota Senate or House of Representatives seat; or
- A presidential nomination primary.
MN ST § 204C.04
Mississippi
No specific law requiring time off to vote
Missouri
Employers must allow employees three hours of paid leave to vote on an election day if the employees applied for leave prior to election day. Leave is not available if an employee’s work schedule provides three consecutive hours of non-working time when the polls are open. Employers may specify the hours during which employees may take leave to vote. Mo. Rev. Stat. § 115.639
Montana
No specific law requiring time off to vote
Nebraska
Employees must be allowed up to two consecutive hours of paid time off to vote on election day. Employees must apply for leave in advance of election day, and the employer may specify the hours during which the employee may take leave. Employees who have at least two consecutive hours of non-work time when the polls are open to vote are not eligible for leave. In addition, allowing an employee less than two hours of leave is permissible if the time away from work combined with the employee’s non-work time is at least two consecutive hours between the opening and closing of the polls. Neb. Rev. St. § 32-922
Nevada
An employer must grant an employee sufficient time away from work to vote if it is impracticable for them to vote during non-working hours. “Sufficient time” is based on the distance from the worksite to the polling location, not exceeding three hours. An employee must request leave to vote prior to the day of the election. Employers may designate the hours during which the employee may take leave to vote. Voting leave must be paid. N.R.S. 293.463
New Hampshire
No specific law requiring time off to vote
New Jersey
No specific law requiring time off to vote
New Mexico
Employers must allow employees up to two hours of paid leave to vote on election day. However, voting leave is not required for an employee whose workday begins two or more hours after the polls open or ends three or more hours before the polls close. An employer may designate the hours an employee may take leave to vote. An employee who takes leave to vote may not be liable for any penalty. N.M.S.A. 1978 § 1-12-42
New York
Employees who do not have sufficient time to vote outside working hours are entitled to as much time off from work as necessary to vote, up to two hours of which must be paid. “Sufficient time to vote” means four consecutive hours either from the opening of the polls to the beginning of the work shift, or from the end of the shift to the closing of the polls. The amount of paid time off required must be determined on a case-by-case basis, as waiting times at polling places, traffic conditions and other factors may vary.
The employee must notify their employer of the need to take time off from work to vote at least two working days before an election day. An employer is required to grant leave only at the beginning or end of an employee’s work shift and may designate when the employee takes leave.
Employers must post a notice informing employees of their right to take voting leave at least 10 days before an election day. The notice must remain posted until polls close on the election day. A sample poster is available on the New York State Board of Elections’ website. N.Y. Elec. Law § 3-110
North Carolina
No specific law requiring time off to vote
North Dakota
Employers are encouraged to allow employees time off to vote when an employee’s work schedule conflicts with the time the polls are open. NDCC § 16.1-01-02.1
Ohio
Employers may not discharge, or threaten to discharge, or inflict any injury, harm, or loss on an employee for taking a reasonable amount of time to vote on election day. OH ST § 3599.06
Oklahoma
Employees must be allowed up to two hours of paid time off to vote, either on election day or on a day allowed for in-person absentee voting. However, employees must receive “sufficient time” necessary to vote if they require more than two hours of travel time. Leave is not available if the employee’s work shift begins three or more hours after the polls open or ends three or more hours before the polls close. Employers may change the work hours to allow three hours before the beginning of work or after work ends for employees to vote.
Employees must provide notice to their employers three days before the election (or absentee voting day) if they require time off to vote. Employers may specify the days and hours during which employees may leave work to vote. 26 Okl. St. Ann. § 7-101
Oregon
No specific law requiring time off to vote
Pennsylvania
No specific law requiring time off to vote
Rhode Island
No specific law requiring time off to vote
South Carolina
No specific law requiring time off to vote
South Dakota
An employer must provide employees with up to two hours of paid leave to vote in any primary or general election on election day. However, an employee is not eligible for voting leave if his or her work schedule allows for two consecutive hours during the time the polls are open. The employer may specify the hours an employee may take leave to vote. SDCL § 12-3-5
Tennessee
Employees may be absent from work for a reasonable amount of time, up to three hours, to vote, unless the polls are open for at least three consecutive hours outside of the employee’s work hours. Employees must request leave to vote before noon on the day before the election. Leave is paid if it occurs during the employee’s normal working hours. The employer may specify the hours during which the employee may be absent to vote. TN Stat. § 2-1-106
Texas
Employees may be absent from work for a reasonable amount of time to vote unless the polls are open for at least two consecutive hours outside of the employee’s work hours. Voting leave is paid. Tex. Elec. Code § 276.004
Utah
Employers must provide employees with up to two hours of paid leave to vote on an election day if the employee applied for leave before the election day. However, leave is not available to an employee whose work schedule allows for three or more hours of non-work time when the polls are open. Employers may specify the hours which the employee may leave to vote. If the employee requests the leave at the beginning or end of his or her work shift, the employer must grant that request. U.C.A. 1953 § 20A–3a–105
Vermont
No specific law requiring time off to vote
Virginia
No specific law requiring time off to vote
Washington
No specific law requiring time off to vote
West Virginia
Employers must provide employees with up to three hours of paid leave to vote on election day. An employee must request voting leave in writing at least three days prior to election day. However, an employee will not be eligible for voting leave if he or she has three or more hours of non-work time when the polls are open (although an employer may choose to provide the employee with unpaid time to vote). In essential government, health, hospital, transportation and communication services, and in production, manufacturing and processing works requiring continuity in operation, employers may schedule employee voting leave to avoid disrupting essential services and business operations. W. Va. Code § 3-1-42
Wisconsin
An employee may be absent from work for up to three consecutive hours to vote if the employee notifies his or her employer of the intended absence before the day of the election. The employer may designate the time of day for the absence. Employers are not required to pay employees for voting leave. However, no penalty other than a deduction for time lost may be imposed on an employee because he or she takes voting leave. W.S.A. 6.76
Wyoming
An employer must provide up to one hour of paid leave to an employee in order to vote in any primary, general, or special election. The employer may designate the most convenient time for the employee to take voting leave (other than a meal hour). Employees who have three or more consecutive non-working hours during the time the polls are open are not eligible for voting leave. W.S. 1977 § 22-2-111
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