State Laws on Voting Leave Policy/Time Off to Vote

I’m scheduled to work on Election Day. Do I have a right to take time off from work to vote?

Not necessarily. Getting time off to vote (voting leave policy) is an area of the law dealt with on a state-by-state basis. Depending on where you live, you may, or may not have the right to take time off to vote. For voting, the state laws rule applies during local, as well as national presidential elections.

In some states, the law designates a specific amount of time that workers must be allowed off to vote. This time off may be paid or unpaid. Some states require your employer to give you time off only if you will not have enough time to vote before or after work, while the polls are open. Most but not all states prevent your employer from firing or disciplining you because you take time off to vote. In some states, if you do not actually vote even though you took time off for that purpose, your employer can dock your pay for the hours off, so save your receipt or other proof of voting in case you’re later questioned. Know more about your employee rights today.

How do I take advantage of the law in my state to vote during work hours on Election Day?

While the law on this varies from state to state, many states require that you give your employer advance notice of your intention to vote, or you cannot rely on the law’s protections. It’s a good idea anyway, so that you and your employer can make arrangements for coverage while you’re away from work. Even if your state does not have a law, you may find your employer will support your efforts to vote. If there are no protections in your state, and your employer will not accommodate your need to vote, before giving up and not voting, be sure to find out your state’s laws on absentee or early voting. That may be an option if there is absolutely no way you can be away from work and still vote.

I want to volunteer or work at the polls on Election Day. Can my employer stop me from doing that?

Even if your state has a law allowing you to vote, the time that you are permitted for voting is generally limited to a few hours–the time it takes most people to vote–rather than the entire day. Your employer may allow you to use a vacation day or personal leave for that purpose, but if you’re planning to do this, it’s recommended that you give advance notice. Your employer might not be so supportive of its employees’ civic participation in the future if everyone just calls in sick or takes leave that day. Use of sick leave and vacation leave are generally within your employer’s discretion to approve or deny. Employees generally do not have a legal right to take leave whenever they want without advance notice or permission, even if leave has been accrued, so make sure your employer is on board before you miss work.

Is my employer required to post a notice about employees’ right to vote?

Few states (California is one exception) require employers to post anything about how to take advantage of the legal right to time off to vote.

What happens if I am denied the right to vote because my employer broke the law?

Some states with laws allowing time off to vote impose penalties if an employer keeps workers from exercising their right to vote. While the penalties in some of the states that have them can be quite severe, other states do not have penalties at all.

In New York and Colorado, companies essentially face a corporate death sentence if they violate the time-off-to-vote law. They could lose their corporate charter if they bar a worker from voting. In Arizona, Missouri and Kansas, supervisors face fines of up to $2,500 if they block someone from voting. In Arizona, the company itself can be fined as much as $20,000.

Realistically, while your employer may not ultimately face much punishment, if you live in a state with legal protections (or even if you don’t), most employers will want to promote civic involvement and maintain employee morale by allowing their workers to vote. If word gets out that a particular company prevents its employees from voting, the company faces a potential public relations problem, which may be more of a concern than any fine a government agency might impose.

What is the law in my state?

Select your state from the map below or from this list.

[[map and dropdown goes here]]

State
Time Off Required?
Exceptions?
Time Off Paid or Unpaid?
Advance Notice Required?
Proof of Voting Required?
Notes?

Alabama
Alabama Act 2006-545
Yes. 1 hour.
If the hours of work of the employee commence at least two hours after the opening of the polls or end at least one hour prior to the closing of the polls.
Unpaid.
Yes; “reasonable notice.”
No.
No enforcement method specified in act.

Alaska
Alaska Stat. §15.56.100
Yes. Not specified
Not required if employee has two consecutive hours available while polls are open at beginning or end of shift
Paid
No
No
 

Arizona
Ariz. Rev. Stat. § 16-402
Yes; up to 3 hours off between work and non-work time.
Not required if employee has three consecutive hours available while polls are open at beginning or end of shift
Paid
Yes; at least one day before the election
No
Employer can decide when hours off are taken. Supervisors face fines of up to $2,500 if they block someone from voting, and the company itself can be fined as much as $20,000.

Arkansas
Ark. Code Ann. 7-1-102
Yes; employer must schedule work hours so employee has time to vote
 
Unpaid
No
No
 

California
Cal. Elec. Code § 14000
Yes; up to 2 hours at beginning or end of shift.
 
Yes (up to 2 hours)
Yes; 2 working days before election
No

Beginning or end of shift; depends on which gives employee most time to vote and takes least time off work.

The California Elections Code also requires employers to post a notice no less than 10 days before every statewide election explaining employees’ right to time off to vote. The notice must be posted in a conspicuous place at the work site.

State
Time Off Required?
Exceptions?
Time Off Paid or Unpaid?
Advance Notice Required?
Proof of Voting Required?
Notes?

Colorado
Colo. Rev. Stat. § 1-7-102
Yes; up to 2 hours.
Not required if employee has three non-work hours available while polls are open
Paid, up to 2 hours.
No
No

Employer may decide when hours are taken, but if employee requests, must allow employee to take time at beginning or end of shift.

Companies who bar a worker from voting could lose their corporate charter.

Connecticut
No laws require companies to give workers time off to vote.
 
 
 
 
 

Delaware
Del. Code Ann. tit. 15, § 1479
No laws require companies to give workers time off to vote. Employee who has accrued vacation time and is not in a “critical need” position may serve as an election officer without reprisal by the employer.
 
 
 
 
 

District of Columbia
No laws require companies to give workers time off to vote.
 
 
 
 
 

Florida
Title IX, Ch. 104, § 104.081
No laws require companies to give workers time off to vote. But workers can’t be disciplined or fired based on how they vote.
 
 
 
 
 

State
Time Off Required?
Exceptions?
Time Off Paid or Unpaid?
Advance Notice Required?
Proof of Voting Required?
Notes?

Georgia
Ga. Code Ann. § 21-2-404
Yes; as much as necessary, up to 2 hours
 
Unpaid
Employee must provide reasonable notice.
No
Employer may decide when hours are taken. No penalties or jail time if employers don’t follow the law.

Hawaii
Haw. Rev. Stat. § 11-95
Yes; 2 consecutive hours. Employer cannot change employee’s regular work schedule.
Not required if employee has 2 consecutive non-work hours available while polls are open.
Paid
No
Yes. Employee must show voter’s receipt, or employer can deduct hours off from pay.
Meal or rest breaks excluded from 2-hour calculation.

Idaho
No laws require companies to give workers time off to vote.
 
 
 
 
 

Illinois
10 Ill. Comp. Stat. §§ 5/7-42; 5/17-15
Yes; 2 hours.
Employer may decide when hours are taken except that employer must permit a 2-hour absence during working hours if employee’s working hours begin less than 2 hours after opening of polls and end less than 2 hours before closing of polls.
Paid
Yes, one day in advance for general or state election.
No
Employer may decide when hours are taken. Employer must give consent (for primary).

Indiana
No laws require companies to give workers time off to vote.
 
 
 
 
 

State
Time Off Required?
Exceptions?
Time Off Paid or Unpaid?
Advance Notice Required?
Proof of Voting Required?
Notes?

Iowa
Iowa Code § 49.109
Yes; as much time as will add up to 3 hours, when combined with non-work time
Not required if employee has three consecutive non-work hours available while polls are open.
Paid
Yes, in writing prior to the election
No
Employer may decide when hours are taken.

Kansas
Kan. Stat. Ann § 25-418
Yes; 2 hours or as much time as will add up to 2 hours, when combined with non-work time
Not required if employee has 2 consecutive non-work hours available while polls are open.
Paid
No
No
Employer may decide when hours are taken, but not during a regular meal break.

Kentucky
Ky. Rev. Stat. Ann. § 118.035
Yes; “reasonable time,” but not less than 4 hours
 
Unpaid
Yes; 1 day
Employee who takes time off but does not vote is subject to disciplinary action
Employer may decide when hours are taken

Louisiana
La. Rev. Stat. Ann. §23:961
No laws require companies to give workers time off to vote. But employers of 20 or more employees can’t interfere with their employees’ “political activities or affiliations.”
 
 
 
 
 

Maine
No laws require companies to give workers time off to vote.
 
 
 
 
 

State
Time Off Required?
Exceptions?
Time Off Paid or Unpaid?
Advance Notice Required?
Proof of Voting Required?
Notes?

Maryland
Md. Code 1957 Art. 33 § 10-315
Yes; 2 hours
Not required if employee has 2 consecutive non-work hours available while polls are open.
Paid
Yes
Yes; also includes attempting to vote. Must use state board of elections form.
 

Massachusetts
Mass. Gen. Laws ch. 149, §178
Yes, first 2 hours that polls are open
 
Unpaid
Employee must apply for leave of absence (no time specified).
No
Applies to workers in manufacturing, mechanical or retail industries.

Michigan
No laws require companies to give workers time off to vote.
 
 
 
 
 

Minnesota
Minn Stat. Ann. § 204C.04
May be absent during the morning of election day
 
Paid
No
No
 

Mississippi
Miss. Code Ann § 23-15-871
No specific laws regarding time off to vote, an employer can’t increase or decrease a worker’s pay based on whom they vote for.
 
 
 
 
 

State
Time Off Required?
Exceptions?
Time Off Paid or Unpaid?
Advance Notice Required?
Proof of Voting Required?
Notes?

Missouri
Mo. Rev. Stat § 115.639
Yes, 3 hours
Not required if employee has 3 consecutive non-work hours available while polls are open.
Paid, but employee must vote
Yes, “prior to the day of election”
Employee must actually vote to be paid.
Employer may decide when hours are taken.

Montana
No laws require companies to give workers time off to vote.
 
 
 
 
 

Nebraska
Neb. Rev. Stat. § 32-922
Yes, as much time as will add up to 2 hours, when combined with non-work time
Not required if employee has two consecutive non-work hours available while polls are open.
Paid
Yes, prior to or on election day
No
Employer may decide when hours are taken.

Nevada
Nev. Rev. Stat. Ann § 293.463
If it is not practical to vote before or after work, employee may take time off based on distance from polling place
Not required if sufficient time during non-work hours available while polls are open.
Paid
Yes, prior to election day
No
Employee who lives less than 2 miles from polling place may take one hour; 2-10 miles, 2 hours; over 10 miles, 3 hours.

New Jersey
N.J. Stat. Ann § 19:34-27
No laws require companies to give workers time off to vote. But employers cannot influence or intimidate employees to vote for or against a particular candidate.
 
 
 
 
 

State
Time Off Required?
Exceptions?
Time Off Paid or Unpaid?
Advance Notice Required?
Proof of Voting Required?
Notes?

New Mexico
N.M. Stat. Ann. § 1-12-42
Yes; 2 hours
Not required if employee’s workday begins more than 2 hours after polls open or ends more than 3 hours before polls close.
Paid
No
No
Includes Indian national, tribal and pueblo elections

New York
N.Y. Elec. Law § 3-110
Yes; as much time at beginning or end of shift as will give employee time to vote, when combined with non-work time
Not required if employee has 4 consecutive non-work hours available at beginning or end of shift while polls are open.
Paid, up to 2 hours
Yes, not more than 10 or less than 2 working days before the election.
No

Employer may decide hours.

Companies who bar a worker from voting could lose their corporate charter.

Conspicuous notice of voting rights must be posted not less than ten working days before every election.

North Carolina
Ch. 163, SubchapterVIII, Art. 22, § 163-274
No laws require companies to give workers time off to vote. But employers cannot discharge or threaten workers based on how they vote or don’t vote.
 
 
 
 
 

North Dakota
N.D. Cent. Code § 16.1-1-02.1
Employers encouraged to give employees time off to vote when regular work schedule conflicts with times polls are open
 
Unpaid
No
No
 

Ohio
Ohio Rev. Code Ann. § 3599.06
Yes; “reasonable time”
 
Paid only for salaried employees
No
No
Employer can’t refuse to let employee serve as an election official on Election Day.

State
Time Off Required?
Exceptions?
Time Off Paid or Unpaid?
Advance Notice Required?
Proof of Voting Required?
Notes?

Oklahoma
Okla. Stat. Ann. tit. 26, § 7-101
Yes; 2 hours, unless employee lives so far from polling place that more time is needed.
Not required if employee’s workday begins more than 3 hours after polls open or ends more than 3 hours before polls close.
Paid
Orally or in writing one day before the election
Yes
Employer may decide when hours are taken or may change employee’s schedule to give employee non-work time to vote.

Oregon
No laws require companies to give workers time off to vote.
 
 
 
 
 

Pennsylvania
25 Pa. Cons. Stat. Ann. § 3547
No laws require companies to give workers time off to vote. But employers cannot threaten or intimidate employees to influence their political opinions or actions.
 
 
 
 
 

Puerto Rico
 
 
 
 
 
Day is an official government holiday

Rhode Island
R.I. Gen. Laws § 17-23-6
No laws require companies to give workers time off to vote. But employers cannot put information in pay envelopes or post information designed to influence employees’ political actions.
 
 
 
 
 

State
Time Off Required?
Exceptions?
Time Off Paid or Unpaid?
Advance Notice Required?
Proof of Voting Required?
Notes?

South Carolina
S.C. Code Ann. § 16-17-560
No laws require companies to give workers time off to vote. But employers cannot discharge a worker because of political opinions or the exercise of political rights and privileges.
 
 
 
 
 

South Dakota
S.D. Codified Laws Ann. § 12-3-5
Yes; 2 consecutive hours
Not required if employee has two consecutive non-work hours available while polls are open.
Paid
No
No
Employer may decide when hours are taken

Tennessee
Tenn. Code Ann. § 2-1-106
Yes; reasonable time up to 3 hours
Not required if employee’s workday begins more than 3 hours after polls open or ends more than 3 hours before polls close.
Paid
Yes, before noon on Election Day
No
 

Texas
Tex. Elec. Code Ann. § 276.004
Employer may not refuse to allow employee to take time off, but no time limit specified
Not required if employee has 2 consecutive non-work hours available while polls are open.
Paid
No
No
 

Utah
Utah Code Ann. § 20A-3-103
Yes; 2 hours at beginning or end of shift.
Not required if employee has at least 3 non-work hours available while polls are open.
Paid
Yes, before Election Day
No
Employer may decide when hours are taken

State
Time Off Required?
Exceptions?
Time Off Paid or Unpaid?
Advance Notice Required?
Proof of Voting Required?
Notes?

Vermont
No laws require companies to give workers time off to vote.
 
 
 
 
 

Virginia
Va. Code Ann.§ 24.2-700
No laws require companies to give workers time off to vote. But employees working and commuting for 11 hours of the 13 hours polls are open may vote by absentee ballot.
 
 
 
 
 

Washington
Wash. Rev. Code Ann. § 49.28.120
No laws require employers to give workers time off to vote. However, no person, including an employer, can attempt to influence any person to withhold his or her vote.
 
 
 
 
 

West Virginia
W. Va. Code § 3-1-42
Yes; up to 3 hours
Not required if employee has at least 3 non-work hours available while polls are open.
Paid (if employee votes)
Written request at least three days before election
Employee must actually vote to be paid.
Employers in health, transportation, communication, production and processing facilities may change employee’s schedule so that time off doesn’t impair essential functions, but must allow employee sufficient and convenient time off to vote

Wisconsin
Wis. Stat. Ann. § 6.76
Yes; up to 3 consecutive hours.
 
Unpaid
Yes, before Election Day
No
Employer may decide when hours are taken

State
Time Off Required?
Exceptions?
Time Off Paid or Unpaid?
Advance Notice Required?
Proof of Voting Required?
Notes?

Wyoming
Wyo. Stat. § 22-2-111
Yes; 1 hour, other than a meal break
Not required if employee has at least 3 consecutive non-work hours available while polls are open.
Paid (if employee votes)
No
Employee must actually vote to be paid.