Voting Leave Laws for Employees: 50-State Survey

For a democracy to function effectively, its citizens must be able to exercise the right to vote. However, employees often worry about taking time off to vote when it may conflict with their work schedule. Although federal law does not address this issue, many states have enacted laws requiring employers to provide voting leave, which may be paid or unpaid. Local laws and industry-specific rules, which are not covered here, may provide even broader protections.

An employee often must provide advance notice to their employer to protect their right to voting leave. The employer may have some control over when the employee can take the leave. Employees may not be entitled to voting leave if they have enough time to go to the polls before or after their working hours.

Click on a state below to find out more about whether an employee may be entitled to this leave, how much leave may be available, whether it is likely to be paid, and other useful information.

Alabama

The Alabama voting leave law provides that an employee must be allowed to take necessary time off to vote in a municipal, county, state, or federal political party primary or election for which they are qualified and registered to vote on the day on which the primary or election is held. The employee must provide reasonable notice to their employer, and the employer may specify the hours during which the employee may be absent. Time off for voting is not available if the working hours of the employee start at least two hours after the opening of the polls or end at least one hour before the closing of the polls.

Alaska

The Alaska voting leave law provides that an employer generally cannot refuse to allow an employee time off for the purpose of voting, or deduct the time from the wages of the employee. However, an employee is considered to have sufficient time to vote outside working hours if they have two consecutive hours in which to vote, either between the opening of the polls and the beginning of their regular working shift, or between the end of their regular working shift and the close of the polls.

Arizona

  • State law: Arizona Revised Statutes Section 16-402
  • Time off: A length of time at the beginning or end of the shift that provides a total of 3 consecutive hours when added to the difference between shift hours and the opening or closing of the polls
  • Paid time off: Yes

The Arizona voting leave law provides that an employer must allow an employee who is entitled to vote at a primary or general election to be absent on the day of the election for the purpose of voting if there are less than three consecutive hours between the opening of the polls and the beginning of their regular shift, or between the end of their regular shift and the closing of the polls. An employee must apply for this absence before the day of the election, and the employer may specify the hours during which the employee may be absent.

Arkansas

Rather than providing specific time off for voting, the Arkansas law simply provides that an employer must schedule the work hours of employees on election days so that employees have an opportunity to exercise the right to vote.

California

The California voting leave law provides that an employee who does not have sufficient time outside working hours to vote at a statewide election may take off enough working time that will enable them to vote when added to the voting time available outside working hours. The employee must give the employer at least two working days’ notice of taking time off for voting if they know or have reason to believe that this will be necessary by the third working day prior to the day of election. Time off must be only at the beginning or end of the regular working shift, whichever allows more free time for voting and less time off from the regular working shift.

Colorado

The Colorado voting leave law provides that an employee who is entitled to vote at an election must be allowed to be absent for voting on the day of the election for two hours while the polls are open. An employee cannot be fired for this absence. An employee must apply for this leave of absence prior to the day of election. The employer may specify the hours when the employee can be absent, but the hours must be at the beginning or end of their shift if the employee requests. An employee is not entitled to this leave if their hours of employment on the day of the election allow for three or more hours between the opening and closing of the polls during which the employee is not required to be on the job.

Connecticut

  • State law: None
  • Time off: N/A
  • Paid time off: N/A

There is no Connecticut voting leave law.

Delaware

  • State law: None
  • Time off: N/A
  • Paid time off: N/A

There is no Delaware voting leave law. However, a related Delaware law provides that no person or corporation can hinder, control, coerce, or intimidate any qualified voter regarding the exercise of their right to vote, including by threatening to deprive them of employment.

Florida

  • State law: None
  • Time off: N/A
  • Paid time off: N/A

There is no Florida voting leave law. However, a related Florida law provides that an employer cannot fire or threaten to fire an employee for voting or not voting in any election for any candidate or measure submitted to a vote of the people.

Georgia

The Georgia voting leave law provides that an employee who provides reasonable notice to their employer must be allowed to take necessary time off to vote in a municipal, county, state, or federal political primary or election on the day of the primary or election if the employee is qualified and registered to vote. The employer may specify the hours when the employee may be absent. Employees who start work at least two hours after the polls open or end work at least two hours before the polls close are not entitled to voting leave.

Hawaii

  • State law: None
  • Time off: N/A
  • Paid time off: N/A

There is no Hawaii voting leave law. All elections are conducted by mail, so there is no need for employers to provide time off.

Idaho

  • State law: None
  • Time off: N/A
  • Paid time off: N/A

There is no Idaho voting leave law.

Illinois

The main Illinois voting leave law provides that an employee who is entitled to vote at a general or special election (or an election for propositions) is entitled to be absent to vote on the day of the election. An employee must apply for voting leave prior to the day of election. An employer may specify the hours during which the employee may be absent, but the employer must permit a two-hour absence during working hours if the employee’s working hours begin less than two hours after the opening of the polls and end less than two hours before the closing of the polls. There is a similar statute for primary elections, which requires employer consent and does not specify that the leave must be paid.

Indiana

  • State law: None
  • Time off: N/A
  • Paid time off: N/A

There is no Indiana voting leave law.

Iowa

  • State law: Iowa Code Section 49.109
  • Time off: As much time off as will total 3 consecutive hours in addition to the employee’s non-working time during the time that the polls are open
  • Paid time off: Yes

The Iowa voting leave law provides that an employee is entitled to this leave if they do not have three consecutive hours between the opening and closing of the polls during which they are not required to be present at work. An employee must apply in writing for this absence prior to the date of the election. The employer can decide the time taken for this leave.

Kansas

The Kansas voting leave law provides that an employee who is entitled to vote at an election conducted by a county election officer must be entitled to an absence to vote on the day of the election. If the polls are open before the employee starts work or after the employee ends work, but for less than two consecutive hours in that time, the employee will be entitled to be absent only for a period of time that will not exceed two hours when added to the time that the polls are open outside their working hours. An employer may specify the time when an employee may be absent, although this cannot include any time during their regular lunch period.

Kentucky

The Kentucky voting leave law is based on a provision of the Kentucky Constitution. An employee must apply for this leave at least one day in advance. An employer may determine the hours during which an employee may be absent. An employee may be subject to disciplinary action if they exercise their right to voting leave but fail to cast their vote under circumstances that did not prevent them from voting.

Louisiana

  • State law: None
  • Time off: N/A
  • Paid time off: N/A

There is no Louisiana voting leave law.

Maine

  • State law: None
  • Time off: N/A
  • Paid time off: N/A

There is no Maine voting leave law.

Maryland

The Maryland voting leave law provides that an employer must provide an employee who claims to be a registered voter with voting leave on election day if the employee does not have two hours of continuous off-duty time during the time that the polls are open. An employee must provide the employer with proof that they have voted or attempted to vote.

Massachusetts

The Massachusetts voting leave law applies only to manufacturing, mechanical, and mercantile employers. An employee must apply for a leave of absence.

Michigan

  • State law: None
  • Time off: N/A
  • Paid time off: N/A

There is no Michigan voting leave law.

Minnesota

The Minnesota voting leave law provides that an employee who is eligible to vote in an election has the right to be absent from work for the time necessary to go to their polling place, cast a ballot, and return to work on the day of the election.

Mississippi

  • State law: None
  • Time off: N/A
  • Paid time off: N/A

There is no Mississippi voting leave law, although a related law mentions that an employee must not be allowed any vacation or leave of absence at the expense of the employer to render services for or against a candidate, or to take part in an election campaign, except the necessary time to cast their vote. Another law provides that a corporation doing business in Mississippi is liable for unlawful interference with the social, civil, or political rights of its employees. An employee can sue for a $250 penalty per incident of interference.

Missouri

The Missouri voting leave law provides that an employer must allow an employee who is entitled to vote in an election to be absent from work for the purpose of voting on the day of the election. An employer must not fire, threaten to fire, or otherwise penalize or discipline an employee for taking this leave. An employee must request this leave prior to the day of election. Voting leave is not available to an employee if there are three successive hours while the polls are open when they are not working. An employer may specify the three-hour period when an employee may take this leave.

Montana

  • State law: None
  • Time off: N/A
  • Paid time off: N/A

There is no Montana voting leave law.

Nebraska

  • State law: Nebraska Revised Statutes Section 32-922
  • Time off: As much time as will total 2 consecutive hours while the polls are open, when added to the employee’s non-working time
  • Paid time off: Yes

The Nebraska voting leave law provides that a registered voter is entitled to the leave described above if they do not have two consecutive hours between the opening and closing of the polls when they are not required to be present at work. An employee must apply for this leave prior to or on election day to avoid any penalty or deduction from their salary or wages. An employer may specify the hours when an employee can take this leave.

Nevada

  • State law: Nevada Revised Statutes Section 293.463
  • Time off: 1 hour if the place of employment is within 2 miles of the polling place; 2 hours if the place of employment is 2-10 miles from the polling place; 3 hours if the place of employment is more than 10 miles from the polling place
  • Paid time off: Yes

The Nevada voting leave law permits a registered voter to be absent from their job for a sufficient time to vote (determined as above) if it is impracticable for them to vote before or after their hours of employment. The employer may designate the time to take this leave. An employee must apply for voting leave prior to the day of the election.

New Hampshire

  • State law: None
  • Time off: N/A
  • Paid time off: N/A

There is no New Hampshire voting leave law. A related law provides that a person who is unable to appear at any time during polling hours at their polling place because of an employment obligation shall be considered absent for absentee voting purposes.

New Jersey

  • State law: None
  • Time off: N/A
  • Paid time off: N/A

There is no New Jersey voting leave law. A related law provides that an employer must not impede, hinder, or prevent the free exercise of the franchise of an employee at any election.

New Mexico

The New Mexico voting leave law provides that an employee may be absent from employment for the purpose of voting on election day between the opening time and closing time of the polls. The employer may specify the hours when the employee may take voting leave. This leave is not available when the work day of an employee begins more than two hours after the polls open, or ends more than three hours before the polls close.

New York

  • State law: New York Election Law Section 3-110
  • Time off: As much time as needed to enable the employee to vote, when added to their voting time outside their working hours
  • Paid time off: Yes (up to 2 hours)

The New York voting leave law provides that an employee is entitled to this leave if they do not have sufficient time outside their scheduled working hours within which to vote on any day when they may vote at any election. An employee is considered to have sufficient time outside their working hours to vote if they have four consecutive hours between the opening of the polls and the beginning of their shift, or between the end of their shift and the closing of the polls. An employee will be allowed time off only at the beginning or end of their shift, as the employer decides, unless the employer and employee agree otherwise. An employee who needs this leave must give 2-10 working days of notice to their employer before the day of the election.

North Carolina

  • State law: None
  • Time off: N/A
  • Paid time off: N/A

There is no North Carolina voting leave law.

North Dakota

The North Dakota voting leave law encourages employers to establish a program to allow an employee who is a qualified voter to be absent from work for the purpose of voting when their regular work schedule conflicts with voting during the time when the polls are open.

Ohio

The Ohio voting leave law provides that an employer cannot fire or threaten to fire an employee for taking a reasonable amount of time to vote on election day.

Oklahoma

  • State law: Oklahoma Statutes Section 26-7-101
  • Time off: 2 hours, or a sufficient time to cast a ballot if more than 2 hours are required because the employee is so far from the voting place
  • Paid time off: Yes (with proof of voting)

The Oklahoma voting leave law provides that an employee may receive this leave on the day of an election or a day on which in-person absentee voting is allowed by law. An employee must provide notice of their intention to be absent at least three days before the day of the election or the day of in-person absentee voting. An employer may choose the days and hours when employees are allowed to vote. Voting leave is not available to an employee if their work day begins three or more hours after the polls open, or ends three or more hours before the polls close. An employer has an option to change work hours to allow a three-hour period before work or after work.

Oregon

  • State law: None
  • Time off: N/A
  • Paid time off: N/A

There is no Oregon voting leave law.

Pennsylvania

  • State law: None
  • Time off: N/A
  • Paid time off: N/A

There is no Pennsylvania voting leave law.

Rhode Island

  • State law: None
  • Time off: N/A
  • Paid time off: N/A

There is no Rhode Island voting leave law.

South Carolina

  • State law: None
  • Time off: N/A
  • Paid time off: N/A

There is no South Carolina voting leave law. However, a related law provides that an employer cannot fire an employee because of their exercise of political rights and privileges.

South Dakota

The South Dakota voting leave law provides that an employee is entitled to be absent from work for the purpose of voting in any election, including a primary election, on the day of the election. Voting leave is not available to an employee who has a period of two consecutive hours during the time when polls are open during which they are not required to be present at work. An employer may specify the hours during which an employee may be absent.

Tennessee

The Tennessee voting leave law provides that an employee who is entitled to vote may be absent from work for this purpose, without facing penalties. An employer may specify the hours during which an employee may be absent. An employee must apply for this leave before 12:00 P.M. on the day before the election. Voting leave is not available to an employee who has a tour of duty that begins three or more hours after the polls open, or ends three or more hours before the polls close.

Texas

The Texas voting leave law provides that an employer cannot refuse to permit an employee to be absent from work on election day or while early voting is in progress for the purpose of voting. An employer also cannot subject or threaten to subject an employee to a penalty for this reason. However, this law does not apply to an election in which the polls are open on election day, or while early voting is in progress, for two consecutive hours outside the employee’s working hours.

Utah

The Utah voting leave law requires an employer to allow an employee to be absent from work to vote on election day, but the employee must apply for this leave before election day. An employer may specify the hours when an employee may be absent, but an employer must grant a request by an employee to take the leave at the beginning or end of their shift. Voting leave is not available to an employee who has three or more hours while polls are open during which they are not on the job.

Vermont

  • State law: None
  • Time off: N/A
  • Paid time off: N/A

There is no Vermont voting leave law.

Virginia

  • State law: None
  • Time off: N/A
  • Paid time off: N/A

There is no Virginia voting leave law.

Washington

  • State law: None
  • Time off: N/A
  • Paid time off: N/A

The Washington voting leave law was repealed when Washington adopted a vote-by-mail system.

Washington, D.C.

The Washington, D.C. voting leave law requires an employer to provide an employee with leave on request to vote in any District election, or in any election run by a jurisdiction other than the District in which the employee is eligible to vote. An employer may require an employee to request the leave a reasonable time in advance, and an employer may specify the hours during which an employee may take the leave. This may involve requiring an employee to take leave at the beginning or end of their working hours, or during an early voting period instead of election day. An employer cannot interfere with an attempt to take this leave or retaliate against an employee for taking it.

West Virginia

The West Virginia voting leave law provides that an employee who is entitled to vote must be allowed to take leave to go to the place of voting on election day to cast their vote and return. An employee must make a written demand for this leave at least three days in advance. In certain sectors, an employer may arrange and schedule a calendar of time off for their employees to vote to avoid disruption to essential services and operations. This schedule or calendar must provide ample and convenient time and opportunity for each employee to cast their vote.

Wisconsin

The Wisconsin voting leave law allows an employee who is entitled to vote to be absent from work for the purpose of voting. An employee must notify their employer of their absence before election day, and the employer may designate the time of day for the absence.

Wyoming

The Wyoming voting leave law provides this leave to any employee who is entitled to vote in a primary or general election (or certain special elections) on the day of the election. The hour for this leave must be taken at the convenience of the employer. Voting leave is not available to an employee who has three or more consecutive non-working hours while the polls are open.

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