Voting Leave Laws: Do Employers Have to Give You Time Off For Voting?

Elections are upon us and you may be wondering if your company is required to give its employees paid time off for voting. Like many other business compliance requirements, laws vary by state and even locality. The same is true for voting leave laws.

While there is no federal law that requires organizations to provide time off for voting, many state and local jurisdictions require it. Sometimes this also includes providing time off to act as an election official at a voting poll.

Mosey is here to answer the question “do employers have to give time off for voting?” as we outline voting leave laws in every state for Election Day.

What States Require Time Off For Voting?

Twenty-eight states and the District of Columbia require businesses to give their employees time off on Election Day to vote. Mosey is breaking down voting leave laws in all 50 states so you know which policies apply to you.

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Alabama

Leave requirement: Each employee is entitled to take up to one hour of leave. This does not apply in cases where the employee’s work hours begin two hours after the polls open or end one hour before the polls close. The employer has the right to specify the hours during which employees are allowed to take time off for voting.
Paid: Alabama does not require paid time off to vote.
Providing Notice: Employers are not required to post a notice about the right to take time off to vote. Employees must give reasonable notice to their employer that they will be taking leave to vote.
Resources: Review the Alabama voting statute and Alabama state legislature.

Alaska

Leave requirement: Each employee is entitled to take time off for voting if they do not have enough time to vote outside of work hours. If an employee has two consecutive hours outside of work hours when the polls are open, they are considered to have enough time to vote and would not be allowed voting leave.
Paid: Employers cannot dock pay for employees taking entitled voter leave.
Providing Notice: Neither employees nor employers are required to provide notice.
Resources: Review the Alaska voting statute and Alaska state legislature.

Arizona

Leave requirement: Each employee is entitled to take time off for voting if the polls are not open for at least three consecutive hours before or after their working shift. Employers can specify the hours in which an employee is able to take leave to vote. Employees can take leave that totals three consecutive hours to vote from the time polls open to the start of their shift, or from the end of their shift to the time polls close.
Paid: Employers cannot dock pay for employees taking entitled voter leave.
Providing Notice: Employers are not required to post a notice about the right to take time off to vote. Employees must request their voting leave prior to Election Day.
Resources: Review the Arizona voting statute and Arizona state legislature.

Arkansas

Leave requirement: Employees must be given work schedules that allow them an opportunity to vote on Election Day.
Paid: Employers are not required to pay employees for time taken to vote.
Providing Notice: Neither employees nor employers are required to provide notice.
Resources: Review the Arkansas voting statute and Arkansas state legislature.

California

Leave requirement: Each employee is entitled to take time off for voting in California if they do not have enough time to vote outside of work hours. Unless otherwise mutually agreed upon, employees can take time at the beginning or end of their shift. They may take enough time that, when added to the amount of time the polls are open outside of their work hours, they are able to vote.
Paid: No more than two hours of the time taken off for voting must be paid.
Providing Notice: Employers must post a conspicuous notice about California voting leave law at least 10 days before a statewide election. Employees must give at least two days notice if they will need to take leave to vote.
Resources: Review the California voting statute and California state legislature.

Colorado

Leave requirement: Each employee is entitled to take up to two hours off to vote on Election Day if they do not have enough time to vote outside of working hours. Employers may specify the time employees are allowed to take voting leave, but employees must be allowed to take the time at the beginning or end of their shift, if requested.
Paid: Hourly employees must be paid their regular wage for up to two hours of leave to vote.
Providing Notice: Employers are not required to provide notice. Employees must request leave prior to Election Day.
Resources: Review the Colorado voting statute and Colorado state legislature.

Connecticut

Connecticut does not have a voting leave law anymore. The state got rid of its time off for voting legislation effective July 1, 2024. Employers are not required to offer leave, although they may do so at their discretion.

Delaware

Delaware does not provide time off for voting.

District of Columbia

Leave requirement: Each employee is entitled to take up to two hours off to vote, even if they are not eligible to vote in DC. They can use this leave to vote where they are eligible to vote in person. Employers can specify hours in which employees can take leave to vote, including during early voting.
Paid: Voting leave must be paid.
Providing Notice: Employers are required to post a notice in a conspicuous place. Employers may require employees to provide notice if they intend to use voting leave.
Resources: Review the District of Columbia voting statute and DC’s legislature.

Florida

Florida does not provide time off for voting.

Georgia

Leave requirement: Each employee is entitled to up to two hours off to vote in person, either on election day or during early voting. Employers can specify hours in which employees can take leave to vote.
Paid: Time off to vote is not required to be paid. However, the Attorney General has issued an opinion that paid leave is required for voting. Employers in Georgia should consult a legal professional for guidance.
Providing Notice: Employers are not required to post a notice. Employees may be required by their company to give reasonable notice to use voting leave.
Resources: Review the Georgia voting statute and Georgia state legislature.

Hawaii

Hawaii no longer provides time off from work to vote since employees have the option to vote by mail.

Idaho

Idaho does not provide time off for voting.

Illinois

Leave requirement: Each employee is entitled to two hours of voting leave. Employers can specify hours in which employees can take leave to vote. However, two hours of leave must be approved if an employee’s shift begins less than two hours after the polls open or ends less than two hours before the polls close.
Paid: Employers cannot dock pay for employees taking entitled voter leave.
Providing Notice: Employers are not required to post a notice. Employees must apply for their leave prior to Election Day.
Resources: Review the Illinois voting statute and Illinois state legislature.

Indiana

Indiana does not provide time off for voting.

Iowa

Leave requirement: Each employee is entitled to voting leave if they do not have two consecutive hours to vote while polls are open. Employees may take enough time during work hours that adds up to two hours total, between work and non-work hours.
Paid: Employers cannot dock pay for employees taking entitled voter leave.
Providing Notice: Employers are not required to post a notice. Employees must request for their leave in writing prior to Election Day.
Resources: Review the Iowa voting statute and Iowa state legislature.

Kansas

Leave requirement: Each employee is entitled to up to two hours of time off for voting on Election Day. During polling hours, an employee can take up to two hours of work and non-work time added together. Employers can specify hours in which employees can take leave to vote, which cannot include their lunch break.
Paid: Employers cannot dock pay for employees taking entitled voter leave.
Providing Notice: Neither employers nor employees are required to give notice.
Resources: Review the Kansas voting statute and Kansas state legislature.

Kentucky

Leave requirement: Each employee is entitled to up to four hours of leave to vote or apply for an absentee ballot. Employers can specify hours in which employees can take leave to vote.
Paid: Employers cannot dock pay for employees taking entitled voter leave.
Providing Notice: Employers are not required to post a notice. Employees are required to give notice before the day they apply for or submit their ballot if they are voting by absentee ballot.
Resources: Review the Kentucky voting statute and Kentucky state legislature.

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Louisiana

Louisiana does not provide time off for voting.

Maine

Maine does not provide time off for voting.

Maryland

Leave requirement: Each employee is entitled to up to two hours of leave to vote unless there are two consecutive hours, outside of work hours, in which the polls are open.
Paid: Time off to vote in Maryland must be paid.
Providing Notice: Neither employers nor employees are required to give notice.
Resources: Review the Maryland voting statute and Maryland state legislature.

Massachusetts

Leave requirement: Employees in eligible industries of manufacturing, mechanical, or mercantile establishments are entitled to voting leave during the first two hours the polls are open.
Paid: Voting leave is not required to be paid.
Providing Notice: Employers are not required to post a notice. Employees must request leave.
Resources: Review the Massachusetts voting statute and Massachusetts state legislature.

Michigan

Michigan does not provide time off for voting.

Minnesota

Leave requirement: Each employee is entitled to take leave as needed to vote in person on Election Day or during early voting.
Paid: Employers cannot dock pay for employees taking entitled voter leave.
Providing Notice: Neither employers nor employees are required to give notice.
Resources: Review the Minnesota voting statute.

Mississippi

Mississippi does not provide time off for voting.

Missouri

Leave requirement: Each employee is entitled to up to three hours of time off to vote if they do not have three consecutive hours available while the polls are open. Employers can specify hours in which employees can take leave to vote.
Paid: Employers cannot dock pay for employees taking entitled voter leave.
Providing Notice: Employers are not required to post a notice. Employees must request leave prior to Election Day.
Resources: Review the Missouri voting statute and Missouri state legislature.

Montana

Montana does not provide time off for voting.

Nebraska

Leave requirement: Each employee is entitled to up to two hours of leave if they do not have two consecutive hours available while the polls are open. Employers can specify hours in which employees can take leave to vote.
Paid: Employers cannot dock pay for employees taking entitled voter leave.
Providing Notice: Employers are not required to post a notice. Employees must request leave on or before Election Day.
Resources: Review the Nebraska voting statute and Nebraska state legislature.

Nevada

Leave requirement: Each employee is entitled to sufficient leave time to vote. If the workplace is within two miles of a polling location, employees must be granted one hour of voting leave. If the workplace is within 10 miles of a polling location, employees must be granted two hours of voting leave. If the workplace is more than 10 miles from a polling location, employees must be granted three hours of voting leave.
Paid: Nevada requires voting leave to be paid.
Providing Notice: Employers are not required to post a notice. Employees must apply for leave before Election Day.
Resources: Review the Nevada voting statute and Nevada state legislature.

New Hampshire

New Hampshire does not provide time off for voting for private employment.

New Jersey

New Jersey does not provide time off for voting.

New Mexico

Leave requirement: Each employee is entitled to two hours of leave during polling hours on Election Day unless their shift starts more than two hours after the opening of polls or ends more than three hours before the polls close. Employers can specify hours in which employees can take leave to vote.
Paid: Employees must be paid their regular hourly wage.
Providing Notice: Neither employers nor employees are required to give notice.
Resources: Review the New Mexico voting statute and New Mexico state legislature.

New York

Leave requirement: Each employee is entitled to take the time that allows them to vote, when added to the non-work hours available to them. If employees have four consecutive hours from the time the polls open to the start of their work day or from the end of their work day to the close of polls, they are considered to have enough time to vote and do not require time off for voting. Employers may designate the start or end of an employee’s shift for this leave, or can agree with employees on a different time.
Paid: Employees cannot lose pay for up to two hours of voting leave.
Providing Notice: Employers must post a notice in a conspicuous place at least 10 work days before every election and it must remain posted until the polls close on Election Day. Employees must give 2-10 days’ notice before Election Day.
Resources: Review the New York voting statute and New York state legislature.

North Carolina

North Carolina does not provide time off for voting for private employment.

North Dakota

Leave requirement: Employers are encouraged, but not required, to give employees time to vote if their work schedules don’t allow them to vote during open polling hours.
Paid: Employers are not required to pay employees for voting leave.
Providing Notice: Neither employers nor employees are required to give notice.
Resources: Review the North Dakota voting statute.

Ohio

Leave requirement: Each employee is entitled to take a reasonable amount of time to vote on Election Day.
Paid: Voting leave must be paid for salaried workers, according to the Ohio Attorney General’s Office, but can be unpaid for hourly, commissioned, or piecework employees.
Providing Notice: Neither employers nor employees are required to give notice.
Resources: Review the Ohio voting statute and Ohio state legislature.

Oklahoma

Leave requirement: Each employee is entitled to two hours of leave to vote for in-person absentee voting or on Election Day. If they require more than two hours to vote because of their distance from the polls, they must be given that additional time unless the polls are open for more than three hours before or after their scheduled shift. Employers can specify which voting days and hours employees can take leave to vote and change the shift schedule to allow for three hours before or after their shift during polling hours.
Paid: Employers cannot dock pay for employees taking entitled voter leave if they show proof of voting.
Providing Notice: Employees are required to give three days’ notice before their day of in-person absentee voting or Election Day. Employers are not required to post a notice.
Resources: Review the Oklahoma voting statute and Oklahoma state legislature.

Oregon

Oregon does not provide time off for voting since residents vote entirely by mail.

Pennsylvania

Pennsylvania does not provide time off for voting.

Rhode Island

Rhode Island does not provide time off for voting.

South Carolina

South Carolina does not provide time off for voting.

South Dakota

Leave requirement: Each employee is entitled to two consecutive hours of voting leave if they do not already have the time available outside of working hours while the polls are open. Employers can specify hours in which employees can take leave to vote.
Paid: Employers cannot dock pay for employees taking entitled voter leave.
Providing Notice: Neither employees nor employers are required to provide notice.
Resources: Review the South Dakota voting statute and South Dakota state legislature.

Tennessee

Leave requirement: Each employee is entitled to take a reasonable amount of leave in order to vote during their designated polling hours on Election Day, up to three hours. This does not apply if the employee has at least three hours outside of their working hours to vote. Employers can specify hours in which employees can take leave to vote.
Paid: Employers cannot dock pay for employees taking entitled voter leave.
Providing Notice: Employees must submit a request for voting leave prior to Election Day at noon. Employers are not required to post a notice.
Resources: Review the Tennessee voting statute, and the update effective 11/06/2024.

Texas

Leave requirement: Employers cannot knowingly prohibit employees from taking time off for voting on Election Day unless they have two consecutive hours outside of work hours when the polls are open.
Paid: Employers cannot dock pay or benefits for employees taking entitled voter leave on Election Day.
Providing Notice: Neither employees nor employers are required to provide notice.
Resources: Review the Texas voting statute and Texas state legislature.

Utah

Leave requirement: Each employee is entitled to up to two hours of time off for voting on Election Day during polling hours unless they have three consecutive hours outside of work in which they can vote. Employers can specify hours in which employees can take leave to vote, but must allow employees to take the time at the start or end of their shift if requested.
Paid: Employers cannot dock pay for employees taking entitled voter leave.
Providing Notice: Employees must apply for voting leave before Election Day. Employers are not required to post a notice.
Resources: Review the Utah voting statute and Utah state legislature.

Vermont

Vermont does not provide time off for voting.

Virginia

Virginia does not provide time off for voting.

Washington

Washington does not provide for time off for voting since residents vote entirely by mail.

West Virginia

Leave requirement: Each employee is entitled to sufficient time off for voting, up to three hours. Employers in industries deemed as having continuous operations can arrange employee shifts to allow for them to vote without interrupting operations. Examples of these industries include hospitals, transportation, and manufacturing plants.
Paid: Employers cannot dock pay for employees taking entitled voter leave unless the individual has three or more hours outside of work during polling hours in which they could vote.
Providing Notice: Employees must provide at least three days’ written notice of their need for voting leave. Employers are not required to post a notice.
Resources: Review the West Virginia voting statute and West Virginia state legislature.

Wisconsin

Leave requirement: Each employee is entitled to up to three hours of voting leave while the polls are open. Employers can specify hours in which employees can take leave to vote.
Paid: Employers cannot penalize employees for taking voting leave.
Providing Notice: Employees must provide notice of their need for voting leave prior to Election Day. Employers are not required to post a notice.
Resources: Review the Wisconsin voting statute and Wisconsin state legislature.

Wyoming

Leave requirement: Each employee is entitled to one hour of voting leave on Election Day during polling hours. This does not apply if the employee has three consecutive hours outside of working hours when the polls are open to vote. Employers can specify hours in which employees can take leave to vote, but it cannot be during a meal break.
Paid: Employers cannot dock pay for taking voting leave.
Providing Notice: Neither employees nor employers are required to give notice.
Resources: Review the Wyoming voting statute.

Providing Notice to Vote

Only a few of the states detailed above have explicit requirements for employers to post a notice about employees’ voting leave rights. In California and New York, employers are required to post a notice at least 10 days before an election. In DC, employers are required to post the voting leave notice at least 60 days before all scheduled elections.

As an employee, some states require that you give your employer notice ahead of time if you intend to use your allotted leave to vote.

Leave for Voting Officials

If you are acting as a voting official, some states also require voting leave to fulfill these duties. Alabama, Illinois, Kentucky, Nebraska, Ohio, and Wisconsin are such states. Delaware and Virginia, on the other hand, provide election-official leave only. Check the state law for the requirements that may apply to you and your employees as it relates to leave for voting officials.

Voting Leave Law Recent Updates

States are updating their employment legislation to refine the leave laws. Tennessee, for example, enacted new legislation earlier this year extending the amount of time employees can take off for voting leave from three to four hours. This change is effective on November 6, 2024.

Georgia amended its voting leave law in 2023 to allow up to two hours for each employee to vote in any municipal, county, state, or federal election. Employees must provide reasonable notice to their employer.

Manage Leave Laws With Mosey

Easily manage voting leave laws along with all types of leave legislation–like parental leave laws and sick leave laws–in every state in which you have employees with Mosey. Use our Handbook feature to add and update policies in your employee handbook across all states.

Compliance can be confusing, especially when you have employees in different states where requirements are unique to each location. Mosey takes the hassle out of compliance so you can manage HR compliance with confidence. Book a consultation with our team today and have peace of mind knowing your company is in good hands.