Time Off to Vote: 8 Facts Employers Should Know

Many jurisdictions require employers to provide time off to employees to vote and/or act as an election official. Here are eight key facts about these requirements.

#1: Most states and districts require employers to give time off to vote.

Twenty-eight states and the District of Columbia have a voting leave requirement. The table below lists these locations. We’ve linked to the jurisdictions that have details online so you can access more information, and listed the statutes for the other states if you would like to learn more.

A few other states don't have an express voting leave requirement but do have other protections for employees. For instance, in Pennsylvania, employers can't prevent employees from voting in any election. In South Carolina, employers are prohibited from firing an employee for exercising their political rights. 

#2: Rules vary on duration and timing of voting leave by state.

In general, jurisdictions handle the requirements by either granting employees:*

• As much time as needed. For example, Minnesota requires employers to allow employees to take the time necessary to appear at their polling place, cast a ballot, and return to work on the day of the election (or for early or absentee voting);
• A specific amount of time. For example, the District of Columbia requires employers to provide at least two hours for employees to vote;
• Time off only if they lack sufficient time outside of work. For example, California requires that if an employee doesn't have "sufficient time outside of working hours" to vote, they must be provided enough time off from work to enable them to vote, but only two hours of such leave must be paid; or
• Time off based specifically on the distance to the employee's polling location. For example, Nevada allows for one hour of paid time off if the distance is two miles or less, two hours if it's more than two miles but less than 10 miles, and three hours if the distance is greater than 10 miles.

Some states allow employers to specify when the leave can be taken or require employees to take the leave at the beginning or end of their shift. Even in some of the states that allow employers to specify when the leave can be taken, the employer must honor employee requests to schedule the time off at the beginning or end of their shift. Check your state law for guidance.

*The states cited are just samples and aren’t an exhaustive list of jurisdictions with these types of rules for the duration and timing of voting leave.

#3: Early voting and voting by mail may also be covered.

Depending on the state, employers may be required to provide leave during the early-voting or absentee-voting process and/or state law may provide certain other protections for individuals who vote by mail.

For instance, in Kentucky, employers must provide employees with at least four hours of leave to request an application for, or execute, an absentee ballot during the office of the clerk's normal business hours, or to vote on election day. In California, employers are prohibited from asking or requiring an employee to bring their vote-by-mail ballot to work or to complete the ballot at work.

Note: Some voting leave laws don't expressly address early and absentee voting. In such cases, you may want to consult legal counsel.

#4: Voting leave must be paid in most cases.

Most voting leave laws expressly require that all or a portion of the time off is paid. However, there are some exceptions that are noted further below.

In seven states that require time off to vote, the voting leave law doesn’t expressly require voting leave to be paid.

**In Georgia, the state law doesn’t specify whether the leave is paid or unpaid. However, the state’s attorney general has issued an opinion that paid leave is required for voting. Employers in Georgia may want to consult legal counsel for guidance.

Note: If pay is not required by the state, employers typically do not need to compensate non-exempt employees for time spent voting but you should check your state law for guidance. Regardless of your state requirement, however, under federal law, exempt employees must be paid for time spent voting since the Fair Labor Standards Act generally prohibits deductions from an exempt employee's pay for partial-day absences.

#5: Some states require employee notice.

Some states require employees to give notice of the need for voting leave prior to Election Day. Some require a specific amount of notice whereas others simply require reasonable notice. In states without a notice requirement, employers may request reasonable notice, but may not be able to require it.

#6: Certain jurisdictions require employers to post a notice.

California and New York require employers to post a notice about voting leave at least 10 days before an election. In the District of Columbia, employers must post the district’s required voting leave notice no later than 60 days before all scheduled elections.

Given that many employees are working away from the traditional worksite, covered employers should consider alternative methods to notify employees of their right to vote, such as through email or the company intranet, if allowed.

#7: Some states provide leave for election officials.

Some of the states that require voting leave also require employers to provide leave for election officials, including Alabama, Illinois, Kentucky, Nebraska, Ohio, and Wisconsin. A few other states provide election-official leave only, including Delaware and Virginia. Check the state law for the requirements that apply to you and your employees.

#8: Laws continue to evolve.

This isn’t the final word on voting leave as states continue to refine their laws and you are encouraged to continuously review state law for the latest guidance. For example, earlier this year, Tennessee enacted legislation that extends the amount of time an employee can use for voting leave from three hours to four hours, effective on November 6, 2024.

In 2023, Georgia amended its voting leave law. Under the amended law, each employee must, upon reasonable notice to their employer, be permitted to take any necessary time off to vote in any municipal, county, state, or federal political party primary or election for which such employee is qualified and registered to vote either on one of the days that are designated for advance in-person voting or on the day on which the primary or election is held. However, the time off must not exceed two hours.

Employers should watch for developments closely and make adjustments to policies and procedures when necessary.

Conclusion

Voting leave requirements vary from state to state, so carefully review state law to understand the rules that apply to you and your employees.