A State-by-State Guide to Voting Leave Compliance for Employers

As Election Day approaches, it’s critical for employers to stay compliant with their state’s voting leave laws. Federal law does not require private-sector employers to give employees time off to vote, but most states require that employees be given time off to vote, with some mandating that the time be paid. Additionally, states like California (CA), New York (NY), and Washington, D.C. (DC) impose specific requirements on notifying employees about their rights to voting leave.

Failure to comply with these regulations could result in fines, penalties, or lawsuits, so it’s important to understand your obligations as an employer.

If you are an employer, you may be wondering: "Do I need to give employees paid time off to vote?" The answer, along with how much time must be given and if the time must be paid, depends on your state.

What Is Voting Leave?

Voting leave refers to the time off provided by employers to allow employees to vote in public elections. The amount of time, whether it needs to be paid, and how much notice employers must give varies by state.

Voting Leave Requirements by State

To help you stay compliant, here’s a comprehensive list of each state’s voting leave requirements.

Alabama (AL)
Employers must provide up to one hour of unpaid leave to employees if their work hours prevent them from voting during polling hours. If an employee's shift starts at least two hours after polling stations open, or finishes at least one hour before they close, they are not eligible for voting leave. Employees are required to give their employer adequate notice if they need time off to vote, and the employer has the right to determine when this leave can be taken.

Alaska (AK)
Employers are required to grant employees as much paid time off to vote as is needed on election day, unless the employee already has two consecutive non-working hours available, either before their shift begins or after it ends, during polling hours.

Arizona (AZ)
Employers are required to give employees paid time off to vote in a primary or general election, unless the employee already has at least three hours available before or after their shift to do so. The leave must ensure employees have three consecutive hours, including non-working time, to vote at the polls. Employees must request this leave in advance, and employers are allowed to designate when the leave may be taken.

Arkansas (AR)
Employers in the state are required to arrange work schedules on election days in a way that ensures every employee has the opportunity to vote.

California (CA)
If an employee does not have enough time outside of work to vote in a statewide election, they may take paid time off to ensure they can vote, with a maximum of two hours paid leave. This leave must be scheduled at the beginning or end of their shift, whichever provides the most voting time and the least disruption to work, unless another arrangement is agreed upon. Employees are required to give their employer at least two working days' notice if they expect to need time off, doing so no later than three days before the election.

Additionally, employers must post a notice outlining these provisions at least 10 days before the election in a visible location at the workplace.

Colorado (CO)
Eligible voters are allowed to take up to two hours off from work to vote on election day while the polls are open. This absence cannot be grounds for dismissal or any penalties, and employees must receive their regular pay for the time off, up to a maximum of two hours. Employees paid by the hour are entitled to their usual hourly rate for this period. Time off must be requested in advance, and employers may designate when the employee takes the leave, but it must be at the beginning or end of the shift if the employee requests it. However, this provision does not apply if the employee's work hours provide three or more hours of free time while the polls are open.

Connecticut (CT)
No voting leave requirements.

Delaware (DE)
No voting leave requirements.

Florida (FL)
No voting leave requirements.

Georgia (GA)
Employees in Georgia are allowed to take up to two hours off from work to vote in any election, provided they give reasonable notice to their employer. However, if their work schedule either starts two hours after the polls open or ends two hours before the polls close, they are not entitled to this time off. The employer can decide when during the workday the employee may take the leave.

Hawaii (HI)
No voting leave requirements.

Idaho (ID)
No voting leave requirements.

Illinois (IL)
Any person eligible to vote in a general or special election, or any election with propositions on the ballot in this state, is allowed to take up to two hours off from work to vote on election day. This time off must be within the hours the polls are open, and the voter will not face any penalties for doing so. However, the employee must request the leave before election day. Employers can set the specific time for the absence, but they must allow a two-hour window if the employee's work starts less than two hours after the polls open or ends less than two hours before they close. Employers cannot deny this right or reduce an employee's pay for taking time off to vote.

Indiana (IN)
No voting leave requirements.

Iowa (IA)
Employers must provide paid leave that, when combined with the employee’s nonworking time, ensures two consecutive hours for voting while the polls are open. Employees are not entitled to leave if they already have two consecutive non-working hours during polling hours. Leave must be requested in writing before election day, and employers have the right to determine when the leave is taken.

Kansas (KS)
Any eligible voter in Kansas can take up to two consecutive hours off from work to vote on election day, if needed, during the time the polls are open. However, if the polls are open for less than two hours before or after the employee’s work hours, the time off will be adjusted so the total available voting time equals two hours. No penalties or deductions from wages can be applied for this absence. Employers can decide when the employee takes time off for voting, but it cannot be during the regular lunch break.

Kentucky (KY)
Employers must give employees at least four hours of time off to vote on election day. Employees need to provide at least one day’s advance notice to request this leave. For non-state employees, the time off is unpaid, while state employees receive paid leave based on the time taken while the polls are open. Employers can decide when during the day the leave is taken. Employees may be required to provide proof of voting, and failure to vote could lead to disciplinary action. Importantly, employers cannot deny this voting leave or penalize employees for taking it.

Louisiana (LA)
No voting leave requirements.

Maine (ME)
No voting leave requirements.

Maryland (MD)
Every employer in the state must allow any employee who is a registered voter up to 2 hours off from work on election day to vote, if the employee does not have 2 consecutive hours of non-working time while the polls are open. The employer is required to pay the employee for the time taken to vote. Employees must provide proof that they voted or attempted to vote, using a form provided by the State Board.

Massachusetts (MA)
Employers in the manufacturing, mechanical, or mercantile industries must allow eligible employees to take time off to vote if they request it. Employees may request to leave work during the first two hours after the polls open in the precinct, ward, or town where they are eligible to vote.

Michigan (MI)
No voting leave requirements.

Minnesota (MN)
Your employer must pay you for the time needed to vote if it occurs during your scheduled work hours. They cannot require you to use personal or vacation leave for this purpose. You should take only the amount of time necessary to vote and then return to work. Employers cannot refuse, limit, or interfere with your right to vote, including deciding when you can take time off. While your employer may ask you to inform them when you'll be voting and coordinate with other employees to minimize disruptions, you are entitled to time off to vote in all state, federal, and regularly scheduled local elections.

Mississippi (MS)
No voting leave requirements.

Missouri (MO)
Any eligible voter in Missouri is allowed to take up to three hours off from work on election day to vote, as long as they request the time off before election day. This time off cannot be used as a reason for dismissal or punishment, and employees must still receive their regular pay without deductions for this absence. However, if the employee has three consecutive non-working hours while the polls are open, this time off does not apply. Employers can choose which three hours the employee can be absent for voting. Any employer violating this rule may face penalties for a class four election offense.

Montana (MT)
No voting leave requirements.

Nebraska (NE)
Any registered voter who does not have two consecutive non-working hours during the time the polls are open is entitled to take time off on election day to ensure they have a total of two consecutive hours to vote. If the voter requests this leave before or on election day, they cannot be penalized, and no deductions can be made from their salary or wages. The employer may choose the specific time during the day for the employee to be absent.

Nevada (NV)
Any registered voter may take time off from work to vote if it is not practical for them to do so before or after work. The employer will decide when the employee can leave. The time off is based on distance to the polling place:

• 1 hour if the polling place is 2 miles or less from work,

• 2 hours if it's between 2 and 10 miles,

• 3 hours if it's more than 10 miles away.

Employees cannot be penalized or have their wages reduced for taking time off to vote. They must request leave in advance, and any employer who denies this right may face a misdemeanor charge.

New Hampshire (NH)
No voting leave requirements.

New Jersey (NJ)
No voting leave requirements.

New Mexico (NM)
On election day, an employee is allowed to take up to two hours off from work to vote during polling hours without penalty, but the employer may decide when the employee can leave. This rule does not apply if the employee's workday starts more than two hours after the polls open or ends more than three hours before they close. It also applies to elections of Indian nations, tribes, or pueblos for eligible members. If an employer denies this right, they can be charged with a misdemeanor and fined between $50 and $100.

New York (NY)
Employees who do not have four consecutive hours to vote outside of their work hours are entitled to take the necessary time off, with up to two hours of that time being paid. "Sufficient time to vote" is defined as having four uninterrupted hours either before the work shift starts or after it ends. The amount of paid time off will vary depending on factors such as wait times and traffic conditions. Employees must notify their employer at least two working days before election day if they need time off to vote. Employers can designate whether the leave is taken at the start or end of the employee’s shift. Additionally, employers are required to post a notice about voting leave rights at least 10 days before the election, and this notice must remain up until the polls close. 

North Carolina (NC)
No voting leave requirements.

North Dakota (ND)
Employers are encouraged to provide time off to vote but are not required to do so by law.

Ohio (OH)
No employer, officer, or agent may fire or threaten to fire an employee for taking reasonable time off to vote on election day. Employers cannot require employees to accompany them to the polling place, prevent them from serving as election officials, or use intimidation, force, or threats to influence their voting decisions. Any attempt to coerce or deter an employee from voting for or against a candidate or issue is prohibited. Violations of this law are subject to fines ranging from fifty to five hundred dollars.

Oklahoma (OK)
Employers must allow registered voters two hours off to vote on election day or during in-person absentee voting. If the employee’s voting location is further away, “sufficient” time should be given. The employee must notify the employer, either verbally or in writing, at least three days in advance. The employer can choose the specific hours or day for the leave, and this rule does not apply if the employee’s workday starts or ends three hours before or after polling hours. Employees will not lose pay or face penalties for taking time off to vote, provided they show proof of voting. Employers who do not comply may face a fine between $50 and $100.

Oregon (OR)
No voting leave requirements.

Pennsylvania (PA)
No voting leave requirements.

Rhode Island (RI)
No voting leave requirements.

South Carolina (SC)
No voting leave requirements.

South Dakota (SD)
Any person eligible to vote in an election, including a primary, is allowed to take up to two consecutive hours off work to vote if they do not already have two consecutive non-working hours while the polls are open. The employee cannot face penalties or pay deductions for taking this time off, and the employer can choose which hours the employee may take. If an employer denies this right or penalizes the employee for exercising it, they are guilty of a Class 2 misdemeanor.

Tennessee (TN)
Any person eligible to vote in an election in this state may take up to three hours off from work to vote if needed, while the polls are open in their county of residence. Employees cannot be penalized or have their pay reduced for this time off. However, if the employee’s workday starts three or more hours after the polls open or ends three or more hours before they close, they are not entitled to this leave. Employers can designate when the employee may be absent, and the employee must request the time off by noon the day before the election.

Texas (TX)
Employees are allowed to take a reasonable amount of paid time off to vote, unless they have at least two consecutive hours outside of their work schedule when the polls are open. Violating this provision is classified as a Class C misdemeanor.

Utah (UT)
Employers must allow employees up to two hours off to vote on election day if requested in advance, with no deduction from their pay. The employer can choose the specific hours for the leave, but if the employee requests time off at the start or end of their shift, the employer must grant it. This rule does not apply if the employee has three or more consecutive non-working hours while the polls are open. Violating this law is a class B misdemeanor.

Vermont (VT)
No voting leave requirements.

Virginia (VA)
No voting leave requirements.

Washington (WA)
No voting leave requirements (Washington conducts elections by mail).

Washington, D.C. (DC)
At an employee's request, an employer must provide at least two hours of paid leave to vote in person during any election held under this subchapter, or in an election held by the jurisdiction where the employee is eligible to vote if they are not eligible to vote in the District. This paid leave applies if the employee is scheduled to work during the requested time. The employer may require advance notice for the leave and can determine the specific hours for it, which could include voting during early voting periods or at the beginning or end of the employee's shift. Employers cannot deduct from an employee's pay or accrued leave for taking this voting leave. It is also unlawful for an employer to interfere with or deny the employee's right to take the leave or retaliate against the employee for using it.

West Virginia (WV)
Employees eligible to vote must be given up to three hours off on election day if they request it in writing at least three days in advance, without penalties or deductions from their pay. If the employee already has three consecutive non-working hours while the polls are open, this time off is not required. For essential services like healthcare, transportation, and manufacturing that require continuous operations, employers can schedule voting time to prevent disruptions, but they must ensure the schedule provides ample and convenient time for each employee to vote.

Wisconsin (WI)
An employer is required to provide employees with up to three consecutive hours to vote on election day, regardless of the size of the business or industry. The employee must inform the employer in advance of their intention to take time off for voting, and the employer has the right to decide when during the day the employee can be excused. While the employer may deduct pay for the time missed, they are prohibited from disciplining or penalizing the employee in any other way for taking time off to vote.

Wyoming (WY)
Any person eligible to vote in a primary, general, or special election to fill a congressional vacancy is allowed to take up to one hour off from work, excluding meal hours, to vote on election day. The employer can decide when the employee takes this time off between the opening and closing of the polls. The employee will not lose any pay for this absence, provided they cast their vote. This rule does not apply if the employee has three or more consecutive non-working hours during polling hours.

How to Stay Compliant

To ensure compliance with voting leave laws, employers should:

• Post notices (where required) ahead of Election Day.

• Clearly communicate to employees their rights to voting leave.

• Provide the necessary time off and track leave accurately.

• Stay informed of any updates or changes to state laws.

Final Thoughts

Staying compliant with voting leave laws can help you avoid legal penalties and maintain a fair work environment. Be proactive in communicating your policies and ensuring that employees understand their rights. Election Day is an important civic duty, and providing time to vote is a valuable way to support your workforce.