Voting leave allows employees to take time off from work to cast their ballots. In absence of a federal statute providing voting leave, many states have passed legislation requiring employers to grant voters’ time off. Typically, these laws provide municipal election leave, state election leave, and primary election leave. Because each state varies so much, we created this guide as a reference for the voting leave laws by state to help leave managers navigate election season.
Voting leave laws also tend to give two or three hours of time off to employees who can’t make it to the polls due to their work schedules. Some laws require this leave to be paid, while others simply require unpaid time off. And a handful of states make no such requirements at all. For a quick look at whether or not a state offers voting leave, along with 13 other types of laws, check out our Leave Law Lookup.
Employers navigating these laws have a complicated task ahead of them. Organizations with distributed workforces may need to track multiple states’ requirements to know how much leave they need to provide and whether the time is paid or unpaid.
Understanding Voting Leave and Key Best Practices
Voting leave entitlements will vary based on employee’s work location, length of their scheduled shift on Election Day, and their polling hours. It can be helpful to remember that many laws take effect only if an employee is unable to vote outside of their work time due to conflicts between polling hours and their work schedule.
To minimize business impact, you can proactively send information to your workforce about different options to vote, depending on your state. These can include:
- Information about early voting that occurs on non-workdays
- Details and instructions for mail-in absentee voting
Keep in mind that employees may have the right to their voting leave on Election Day, even if early voting or mail-in absentee ballots are available.
In some cases, you can also ask that employees give advance notice of their voting leave. More than half of the states mandating voting leave require that employees request the time off in advance. We have listed these requirements below as a helpful guide.
Note: This article was written in anticipation of the 2024 presidential election. The information it contains is up to date as of November 2024.
What is voting leave?
Voting leave is a simple concept: it gives employees time off from work so they can get to the polls. Most voting leave laws in the U.S. provide employees between one and three hours of time off to cast their ballot. The statutes vary in their particulars, however. This guide gives employers an understanding of the various protections afforded to employees by voting leave laws by state.
What states offer paid voting leave?
The following states require employers to provide paid leave to certain voters.
- Alaska: Alaska mandates that employers provide employees who do not have “sufficient time outside working hours” to vote at a state election with time off to vote. “Sufficient time outside working hours” means two consecutive hours between the polls opening or closing and the start or end of the employee’s shift. Employees are not required to apply for leave in advance.
- Arizona: When primary or general elections are held in Arizona, workers with less than three consecutive hours between the opening or closing of the polls and the beginning or end, respectively, of their shifts may arrive late or leave early to vote, with no loss of pay. Employers may specify the hours when the employee can be absent to vote. Employees are required to apply for leave prior to election day.
- California: California law states that voters must be provided with “sufficient time outside of working hours” to vote. Paid time off to vote is limited to two hours. Employees must take the time off at the beginning or end of a shift, unless the employer and employee agree otherwise. If the employee realizes on the third working day prior to election day that time off is necessary, the employee must give at least two working days’ notice of the time off. California employers are also required to post a notice of the state’s voting leave provisions at least 10 days prior to every statewide election. The notice must be placed at the workplace or where it can be seen by employees as they come and go.
- Colorado: Colorado law allows employees to take up to two hours of paid time off to vote if they do not have three or more hours between the opening and closing of the polls and the start or end of their shift on election day. Employees must apply for leave prior to election day, and they must take time off at the beginning or the end of the day — employers may choose.
- District of Columbia: Employees in DC must be provided with at least two hours of paid time off to vote. However, employers can require employees to vote early or take voting leave at the beginning or end of their workday. Employers may also require reasonable notice of leave either according to their employee leave policy, or if no policy exists, no later than seven days prior to voting. Employers are required to post a workplace notice of employee rights at least 60 days prior to all scheduled elections. Employers must provide notice to remote workers by other reasonable means and obtain a signed statement acknowledging receipt of the notice.
- Illinois: In general or special elections in Illinois, workers whose shifts begin less than two hours after the opening of the polls and end less than two hours before the closing of polls may take two hours of paid leave to vote. Workers must apply for leave prior to election day, and employers may specify when they take the time off. The law does not include any employee notice requirement for leave.
- Iowa: Employees without three consecutive hours between the opening and closing of polls and the beginning and end of their work shift may take up to three hours of paid leave to vote. Employers must designate when leave may be taken. Employees must apply for leave in writing before election day.
- Kansas: Employees in Kansas may take paid time off to vote. Workers without at least two consecutive hours before or after work may take up to two consecutive hours to cast their ballot. Employers may choose when this leave occurs, so long as the time does not interfere with the regular lunch period.
- Maryland: Employees who lack two continuous hours of off-duty time during the polls’ open hours may take up to two hours of paid leave to vote. Employees must provide proof that they voted or attempted to vote on a form prescribed by the State Board. Employees are not required to apply for leave in advance.
- Minnesota: Minnesota law says that employees can be absent from work for as long as it takes to go to their polling place, cast a ballot, and return to work on the day of the election or during the period for voting. Employers may make no pay deductions for this time. Employees are not required to apply for leave in advance.
- Missouri: On election day, Missouri-based employees who lack three continuous hours of off-duty time during the polls’ open hours may take up to three hours off work to vote. Employers may specify the hours when the employee can be absent to vote. Employees must request this leave prior to election day, and employers may not deduct their wages for the time off, unless the employee fails to vote during leave.
- Nebraska: According to Nebraska law, employees without two consecutive hours between the opening and closing of polls and the beginning and end of their work shift, respectively, may take up to two consecutive hours of paid leave to vote. Employers may specify the hours when the employee can be absent to vote. Employees must request leave prior to or on election day.
- Nevada: Nevada-based employees can take sufficient time off to vote if it is “impracticable” for the voter to vote before or after work. Sufficient time to vote is determined by the distance between a voter’s place of employment to the polling place, or vice versa. Employees must apply for this leave prior to election day.
- New Mexico: New Mexico law says that voters may take off up to two hours to vote if their work schedule leaves fewer than two hours to vote before their shift and three hours after their shift. Employees are not required to apply for leave in advance.
- New York: If employees lack sufficient time outside working hours to vote, they may take up to two hours of paid leave to do so. The law defines sufficient time as four hours between the beginning or end of their workday and the opening and closing of the polls. Leave must be taken at the beginning or end of the employee’s shift, unless the employee and employer agree otherwise. Employees must notify employers of their leave at least two days, but not more than ten days, before taking it.
- Oklahoma: Oklahoma law allows workers without three nonworking hours before or after work on election day or in-person absentee day voting, to take two hours to vote. If two hours is not sufficient to vote based on the poll’s location, employees must be provided with sufficient time to cast their ballots. Employees must provide verbal or written notice three days in advance, and employers may select when the employee uses the time off and can alter their work schedule to accommodate for the time off.
- South Dakota: South Dakota-based employees may take up to two consecutive hours of paid leave to visit the polls, so long as they lack two consecutive nonworking hours while the polls are open. Employers may choose when the voter takes this leave. Employees are not required to apply for leave in advance.
- Tennessee: Tennessee law states that employees may take up to three hours off to vote, so long as they lack three consecutive hours before and after their workday when they could vote. Employers can choose when employees should take this leave. Employees must request their leave before noon the day before the election.
- Texas: Texas-based employees may take paid time off for voting on election days, unless they have at least two consecutive hours to vote outside their working hours. Employees are not required to apply for leave in advance.
- Utah: Utah law states that employers must allow employees to take up to two hours of paid leave to vote if they do not have at least three nonworking hours during the time the polls are open. Employees must apply for leave before election day, and employers may specify when the leave is taken.
- Washington, D.C.: Employees in D.C. may take up to two hours of paid leave to vote. Employers may require employees to request this leave in advance, and they may also specify when this leave is taken.
- West Virginia: Employees may take up to three hours of leave if they lack three hours of time to vote before and after work. Employers in “essential government, health, hospital, transportation and communications services, and in production, manufacturing and processing works requiring continuity in operation” may specify when leave is taken so long as they provide ample and convenient time to vote. Employees must notify employers in writing of this leave at least three days before taking it.
- Wyoming: Wyoming-based employees without at least three consecutive nonworking hours to vote can take one hour of paid leave to vote in primary elections, general elections, or special elections. Employees are not required to apply for leave in advance.
What states offer unpaid voting leave?
The following states require employers to provide unpaid leave to certain employees.
- Alabama: Alabama-based employees may take up to one hour of unpaid leave if the employee’s schedule starts at least two hours before the polls open or the shift ends at least one hour prior to polls closing. The employer may specify when the employee takes leave. Employees must provide “reasonable notice” for leave, although the law does not define reasonable notice.
- Arkansas: According to Arkansas law, employers must schedule employee work hours on election days so that each employee can vote. Employees are not required to apply for leave in advance.
- Georgia: According to Georgia law, employees may take up to two hours of unpaid leave to vote. They must give reasonable notice of the leave prior to election day, and employers may specify when the leave is taken.
- Kentucky: Kentucky law prohibits employers from penalizing employees who take time off to vote if their work schedule prevents them from doing so. The law provides at least four hours to vote, apply for an absentee ballot, or execute an absentee ballot. Employers may specify when an employee takes leave. Employees must apply for leave prior to election day.
- Massachusetts: Massachusetts-based employees in certain industries — manufacturing, mechanical or a mercantile establishment — must be given time off to vote within the first two hours the polls are open. Employees must request the time off in advance.
- Ohio: Ohio law prohibits employers from discharging or threatening employees for taking “a reasonable amount of time to vote on election day.” While the law does not specify whether leave must be paid, the state attorney general has stated that hourly employees can be unpaid but salaried workers must be paid. Employees are not required to provide notice of their need to vote.
- Wisconsin: Wisconsin requires employers to give employees up to three consecutive hours of unpaid leave to vote. Employees must give notice prior to election day, and employers may decide when employees take leave.
What states do not offer any voting leave?
The following states do not offer any voting leave laws. Some, however, offer employees other voting-related protections.
- Connecticut
- Delaware
- Florida: Florida law prohibits employers from firing or threatening to fire employees for voting or not voting.
- Hawaii: Hawaii no longer provides voting leave.
- Idaho
- Indiana
- Louisiana
- Maine
- Michigan
- Mississippi
- Montana
- New Hampshire
- New Jersey
- North Carolina
- North Dakota: North Dakota law encourages employers “to establish a program to grant an employee who is a qualified voter to be absent from the employee’s employment for the purpose of voting when an employee’s regular work schedule conflicts with voting during time when polls are open.”
- Oregon
- Pennsylvania: Pennsylvania law prohibits employers from threatening, intimidating, or coercing employees to vote or refrain from voting.
- Rhode Island
- South Carolina: South Carolina law prohibits employers from firing employees for exercising their political rights.
- Vermont: Although Vermont does not have voting leave, employees have the right to attend annual town meetings so long as the time off does not interfere with the employer’s essential operations. Time off is unpaid and employees must give at least seven days’ notice prior to the town meeting.
- Virginia: Virginia lacks voting leave provisions, but Election Day is a state legal holiday in the state, designated for citizens to exercise their right to vote.
- Washington
Can technology help me manage voting leave?
Yes, technology allows employers and HR professionals to manage voting leave with ease and accuracy. If an employee requests time off to vote, AbsenceSoft automatically lets you know if they are entitled to voting leave — and tracks employee usage.
To see how the AbsenceSoft platform can help your team manage voting leave and more, book a demo today.
