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Voting Leave Laws by State 2024

Updated: Oct 31

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Voting Leave Laws by State 2024

With Election Day approaching, employers should be prepared to handle employee requests for time off to vote. While there’s no federal law mandating voting leave, most states have specific regulations in place that require employers to accommodate employees' right to vote. To help you stay compliant, we’ve outlined each state’s requirements regarding eligibility, compensation, and more.


It's crucial for employers & employees to understand the laws in the states where they operate, as some states impose penalties on employers who deny this right or retaliate against employees requesting voting leave. By familiarizing yourself with these guidelines and implementing a clear voting leave policy, you can ensure your business remains compliant and employees feel supported in exercising their civic duty.


Below is a comprehensive list of state voting leave laws, including how much time off an employee must be given to vote, and which employees are eligible to take leave.


Check out the chart below to review your state’s regulations.

State

Is Compensation Required?

Leave Time

Covered Employees

Alabama

No

One (1) hour, and the employer may specify when.

All eligible voters. However,  if an employee's work shift starts two (2) hours after polls open, or ends at least One (1) hour before polls close, they are not covered.

Alaska

Yes

As much time as needed to enable the employee to vote.

All employees. However, if the polls are open for two (2) consecutive hours before or after an employee's shift, they are not covered.

Arizona

Yes

Up to three (3) hours, and the employer may specify when.

All eligible voters, unless an employee has three (3) or more consecutive hours before or after their shift where the polls are open.

Arkansas

No

An employer must ensure that the employee has the time to vote.

All employees.

California

Yes, up to two (2) hours.

As much time as needed. An employee can choose to take time off at beginning or end of thir work shift, whichever allows the most time for voting, as well as the least amount of time off (unless otherwise mutually agreed).

All elgible voters, unless an employee has sufficient  time to vote outside of work.

Colorado

Yes

Two (2) hours, and the employer may specify when (unless the employee ask be at the start or end of their shift).

All eligible votes, unless an employee has three (3) or more hours to vote outside of work where the polls are open.

Connecticut

N/A

N/A

N/A

Delaware

See "Covered Employees" column

See "Covered Employees" column

There is no state law on voting leave. However, an employer cannot prevent or attempt to prevent an employee from exercising the right to vote through adverse employment action or bribery.

District of Columbia

Yes

Two (2) hours, and the employer may specify when. The employer may also require the employee to vote during a designated early voting period instead of on election day, or that the employee vote at the beginning or end of thier shift.

All eligble voters.

Florida

See "Covered Employees" column

See "Covered Employees" column

There is no state law on voting leave. However, an employer may not terminate or threaten to terminate any employee for voting (or not voting), regardless of what candidate or ballot measure they may have voted for.

Georgia

No

Two (2) hours, and the employer may specify when.

All eligible voters.

Hawaii

N/A

N/A

N/A

Idaho

See "Covered Employees" column

See "Covered Employees" column

There is no state law on voting leave. However, an employer cannot influence an employee's vote through adverse employment action, bribery, or threats of violence.

Illinois

Yes

Two (2) hours, and employer may specify when.

All eligble voters, unless an employee has two (2) hours before or after their shift to vote.

Indiana

N/A

N/A

N/A

Iowa

Yes

Three (3) consecutive hours, and the employer may specify when.

All eligible voters, unless an employee has three (3) consecutive nonworking hours to vote while the polls are open.

Kansas

Yes

Up to two (2) hours, and the employer may specify when, but it can not be during the employee's regular lunch period.

All eligible voters, unless the polls are open for Two (2) or more consecutive nonworking hours before or after an employee's shift.

Kentucky

Not specified, except an employee may not be penalized for taking time off to vote, unless the employee fails to vote and circumstances did not prevent the employee from voting.

Four (4) hours to vote or to apply for or execute an absentee ballot, and an employer may specify when.

All employees.

Louisiana

See "Covered Employees" column

See "Covered Employees" column

There is no state law on voting leave. However, an employer with 20 or more employees cannot prevent employees from exercising their right to participate in politics, including the right to vote.

Maine

N/A

N/A

N/A

Maryland

Yes, unless the employee fails to vote or attempt to vote.

Two (2) hours.

All eligible voters, unless an employee has Two (2) consecutive nonworking hours when the polls are open to vote.

Massachusetts

No

The first two (2) hours after the polls open in the district or town the employee is eligible to vote in.

All eligible voters that work in manufacturing, mechanicanics, or retail.

Michigan

See "Covered Employees" column

See "Covered Employees" column

There is no state law on voting leave. However, an employer cannot attempt to influence an employee's vote through termination or threats of termination.

Minnesota

Yes, and without reduction to personal leave or vacation time.

Whatever time is necessary to travel to the polling place, vote, and return to work.

All eligible voters.

Mississippi

See "Covered Employees" column

See "Covered Employees" column

There is no state law on voting leave. However, an employer or other employee cannot coerce an employee to vote or not vote for a particular candidate.

Missouri

Yes, as long as the employee provides proper notice and actually votes.

Three (3) hours, and the employer may specify when.

All eligible voters, unless an employee has three (3) consecutive nonworking hours to vote while the polls are open.

Montana

N/A

N/A

N/A

Nebraska

Yes, as long as the employee provides proper notice.

Up to two (2) hours, and the employer may specify when.

All eligble voters, unless an employee has Two (2) consecutive nonworking hours to vote while the polls are open.

Nevada

Yes

A reasonable time to vote, and an employer may specify when. A reasonble time to vote is based on the distance between the employee's workplace and polling place. If the distance is two (2) miles or fewer, the employee may take One (1) hour. If the distance is between two (2) and ten (10) miles, the employee may take two (2) hours. Anything over ten (10) miles and the employee may take three (3) hours.

All eligible voters, as long as it is impractical for an employee to vote during nonworking hours.

New Hampshire

N/A

N/A

N/A

New Jersey

See "Covered Employees" column

See "Covered Employees" column

There is no state law on voting leave. However, an employer may not use violence or threats of violence against an employee in prevent the employee to vote or not voting at any election, or because the employee has voted or not voted.

New Mexico

New Mexico law does not specifically address whether leave must be paid but states that employers cannot penalize an employee for taking leave.

Two (2) hours between the opening and closing of the polls, and an employee may specify when.

All eligible voters, unless an employee's workday begins more than Two (2) hours after the polls open or ends more than three (3) hours before the polls close.

New York

Yes, up to Two (2) hours.

As much time as needed, when combined with nonworking hours. The time off must be taken at the beginning or end of the employee's shift, unless mutually agreed upon.

All eligible voters, unless the employee has four (4) consecutive nonwowrking hours to vote.

North Carolina

See "Covered Employees" column

See "Covered Employees" column

The is no state law on voting leave. Howver,  terminating an employee for taking leave to vote could lead to a wrongful discharge claim. An employer cannot terminate or threaten to terminate an employee for any vote they cast, intends to cast or do not cast.

North Dakota

See "Covered Employees" column

See "Covered Employees" column

The is no state law on voting leave. However, the state encourages employers to have a policy that allows time off to vote.

Ohio

Ohio law does not specifiy whether leave must be paid but an employer cannot refuse to pay in order to coerce an employee to vote or not vote.

A reasonble time to vote.

All eligible voters.

Oklahoma

Yes, subject to the employee providing proof of voting.

Two (2) consecutive hours, however an employer must allow more time if an employee needs it due to the distance between the workplace and polling place.


      An employer may specify when.

All eligible voters, unless the polls are open for three (3) or more consecutive hours before or after the employee's shift.

Oregon

N/A

N/A

N/A

Pennsylvania

See "Covered Employees" column

See "Covered Employees" column

There is no state law on voting leave. However, an employer cannot use violence or threats of violence to coerce an employee to vote or not vote.

Rhode Island

N/A

N/A

N/A

South Carolina

See "Covered Employees" column

See "Covered Employees" column

There is no state law on voting leave. However, an employer may not terminate an employee because the employee exercises thier political rights.

South Dakota

Yes

Two (2) hours, and the employer may specify when.

All eligible voters, unless an employee has two (2) consecutive nonworking hours to vote.

Tennessee

Yes

Three (3) hours, and the employer may specify when.

All eligible voters, unless the polls are open for three (3) or more consecutive hours before or after an employee's shift.

Texas

Yes

A reasonable time to vote.

All employees, unless the polls are open for two (2) or more consecutive hours before or after an employee's shift.

Utah

Yes

Two (2) hours, and the employer may specify when, unless an employee requests leave at the beginning or end of the workday.

All eligible voters unless an employee has at least three (3) nonworking hours during the time polls are open.

Vermont

No

A reasonble time to vote.

All eligible employees, unless the absence conflicts with the employer's essential operations.

Virginia

N/A

N/A

N/A

Washington

N/A

N/A

N/A

West Virginia

Yes. However, an employee who has three (3) or more nonworking hours to vote and fails to may be subjected to wage deductions for the time actually absent from work to vote.

Three (3) hours. Essential workers, as well as those who work in production, manufacturing and processing buisnesses that require continuity in operations, may schedule when to vote, but the time must be sufficient and convenient.

All eligible voters, unless an employee has three (3) or more hours of nonworking time during polling hours.

Wisconsin

No

Three (3) consecutive hours when the polls are open, and an employer may specify when.

All eligible voters.

Wyoming

Yes, as long as the employee actually votes.

One (1) hour, and the employer may specify when, as long as it is not an employee's meal period.

All eligible voters, unless an employee has three (3) or more consecutive nonworking hours to vote.



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