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March 14, 2024
Update: Connecticut’s voting leave law expired on June 3, 2024. The law had been enacted, effective June 2021, for only a three-year period because Connecticut planned to implement early voting options by 2024 and those options would eliminate the need for voting leave. Connecticut implemented early voting options in June 2023. Early voting for the Presidential Election will occur from October 21, 2024 to November 3, 2024. In addition, a proposed amendment to Connecticut’s Constitution exists on the November 5, 2024 ballot to allow all Connecticut voters to vote by absentee ballot.
The presidential primaries are underway and Election Day (November 5) is just around the corner. Though no federal law requires private employers to give employees time off to vote, many states do have such laws. Here’s a brief summary of voting laws across the nation. In general, these laws require an employee to provide their employer with reasonable notice of their intent to take voting leave and allow an employer to specify the hours during which an employee may be absent from work.
Alabama: Employers must permit employees to take up to one hour of leave from work to vote in any municipal, county, state, or federal primary or election for which the employee is qualified and registered to vote. However, if the employee’s shift begins two or more hours after the polls are open, or if it ends at least one hour before the polls close, the employee is not entitled to voting leave. Ala. Code § 17-1-5.
Alaska: Qualified voters who do not have two consecutive hours to vote – either between the opening of the polls and the beginning of the employee’s regular working shift, or between the end of that shift and the close of the polls – are eligible for paid voting leave. An employee may take as much paid time off from work as is needed to enable them to vote. Alaska Stat. §§ 15.15.100, 15.56.100.
Arizona: For a primary or general election, if fewer than three consecutive hours exist between the opening of the polls and the beginning of the employee’s work shift, or if fewer than three consecutive hours exist between the end of the employee’s work shift and the closing of the polls, then an employee is entitled to time off from work to vote. Ariz. Rev. Stat. § 16-402(A).
Arkansas: Employers must schedule employee work hours on election days so that each employee has an opportunity to vote. Ark. Code Ann. § 7-1-102.
California: An employee is entitled to up to two hours of paid voting time off at the beginning or end of their regular work shift, whichever allows the most free time for voting and the least time off from their regular work shift. Cal. Elec. Code § 14000(a). Notice Requirement: At least 10 days prior to every statewide election, employers must conspicuously post a notice in the workplace that sets forth voting leave rights. Cal. Elec. Code § 14001.
Colorado: An eligible employee is entitled to two hours of paid leave to vote on Election Day unless their work shift is such that three or more hours exist when polls are open but the employee is not required to be working. Colo. Rev. Stat. § 1-7-102(2).
Connecticut: Employers are required to permit two hours of unpaid time off to vote in a state election, or if the employee is an elector in the case of any special election for United States senator, representative in Congress, state senator, state representative, or probate judge. 2021 Ct. SB 1202, § 108.
Delaware: No voting leave law exists.
District of Columbia: Employers must provide employees at least two hours of paid leave to vote in person in an election in which the employee is eligible to vote. D.C. Code § 1-1001.07a(b)(1). Notice Requirement: Employers must conspicuously post and maintain a notice that includes an easily understood description of the provisions of the voting leave law. D.C. Code § 1-1001.07a(b)(5).
Florida: No voting leave law exists.
Georgia: Each employee in Georgia is entitled to take up to two hours off from work to vote in any municipal, county, state, or federal political party primary or election if the employee is qualified and registered to vote. Ga. Code Ann. § 21-2-404.
Hawaii: No voting leave law exists. All voting in Hawaii is conducted by mail.
Idaho: No voting leave law exists.
Illinois: If an employee is eligible to vote and if the employee’s work shift begins less than two hours after the polls open and ends less than two hours before the polls close, then an employer is required to give the employee two hours off from work to vote in a general or special election. 10 Ill. Comp. Stat. 5/17-15.
Indiana: No voting leave law exists.
Iowa: An employee who is eligible to vote is entitled to time off from work to vote in an election if they do not have three consecutive hours of non-work time during the time that the polls are open. Iowa Code § 49.109.
Kansas: An employee who is eligible to vote may leave work for no more than two consecutive hours while the polls are open to vote. If polls are open before or after the employee’s working hours, but the period of time is less than two consecutive hours, the employee may be absent only for such time, which, when added to the period of time the polls are open, will not exceed two hours. Kan. Stat. Ann. § 25-418.
Kentucky: An employee who is eligible to vote is entitled to at least four hours of time off to vote or apply for an absentee ballot. Ky. Rev. Stat. Ann. § 118.035(2).
Louisiana: No voting leave law exists.
Maine: No voting leave law exists. However, employers in Maine are required to provide employees with up to 40 hours of paid personal leave per year to be used for any reason. 26 M.R.S. § 637.
Maryland: Employers must allow an employee who is registered to vote two hours of paid leave to vote if the employee does not have two continuous hours off-duty during the time that the polls are open. Md. Code Ann., Elec. Law § 10-315(a).
Massachusetts: Any employee in a manufacturing, mechanical, or mercantile establishment who is entitled to vote at an election must be permitted to vote during the two hours after the polls open in the voting precinct. Mass. Gen. Laws ch. 149, § 178.
Michigan: No voting leave law exists.
Minnesota: An employee is eligible for leave to vote in any primary or general election or election to fill a vacancy in a federal or state senator or representative’s office. Eligible voters are entitled to be absent from work for the time necessary to go to the employee’s polling station, cast a ballot, and return to work on the day of an election or during the early voting period. Minn. Stat. § 204C.04.
Mississippi: No voting leave law exists.
Missouri: Employers must give employees who are eligible to vote paid voting leave of up to three hours between the opening and closing of the polls if the employee does not have three consecutive non-working hours while the polls are open during which to vote. Rev. Stat. § 115.639(1).
Montana: No voting leave law exists.
Nebraska: An employee who is registered to vote and who does not have two consecutive hours to vote during the time that the polls are open can take time off with pay on Election Day to vote. Neb. Rev. Stat. Ann. § 32-922; 273 Neb. Admin. Code § 10-010.03.
Nevada: To be eligible for voting leave, an employee must be a registered voter and it must be impractical for the employee to vote before or after their hours of employment. If the distance between the employee’s place of employment and the place where the employee votes is two miles or less, they are entitled to one hour of leave. If the distance is more than two miles but less than 10 miles, they are entitled to two hours of leave. If the distance is more than 10 miles, they are entitled to three hours of leave. Nev. Rev. Stat. § 293.463(1).
New Hampshire: No voting leave law exists.
New Jersey: No voting leave law exists.
New Mexico: On Election Day, while the polls are open, an eligible employee may leave work for two hours to vote. However, an employee whose workday begins more than two hours after the polls open, or ends more than three hours before the polls close, is not eligible for voting time off. N.M. Stat. Ann. § 1-12-42.
New York: To be eligible for voting leave, an employee must be a registered voter without sufficient time outside of scheduled working hours to vote in an election. Employees are considered to have “sufficient time” to vote if they have four consecutive hours between the opening of the polls and the beginning of their work shift, or four consecutive hours between the end of their shift and the closing of the polls. An eligible employee may, without loss of pay for up to two hours, take off as much working time – but only at the beginning or end of their shift – as will enable the employee to vote in any election. Notice Requirement: At least 10 working days before every election, employers must conspicuously post a notice setting forth an employee’s right to time off to vote. The notice must remain posted until the polls close on Election Day. N.Y. Elec. Law § 3-110.
North Carolina: No voting leave law exists.
North Dakota: No voting leave law exists.
Ohio: An employee who is registered to vote or is serving as an election official on any registration or Election Day must be provided a reasonable amount of time off from work to vote. Ohio Rev. Code Ann. § 3599.06.
Oklahoma: Employees who are registered to vote are entitled to two hours of paid leave to vote while the polls are open on an election day. If the employee is so far away from the voting place that they need more than two hours to vote, then the employer must allow the employee sufficient time off from work to cast a ballot. Employees whose workday begins three hours or more after the opening of the polls, or ends three hours or more before the closing of the polls, is not entitled to voting leave. Okla. Stat. tit. 26, § 7-101.
Oregon: No voting leave law exists.
Pennsylvania: No voting leave law exists.
Rhode Island: No voting leave law exists.
South Carolina: No voting leave law exists.
South Dakota: Employees who are eligible to vote are entitled to be absent from work for two consecutive hours between the time the polls open and close to vote, if the employee does not have a two-hour period off from work during the time the polls are open. S.D. Codified Laws § 12-3-5.
Tennessee: Any employee who is eligible to vote is entitled to be absent from work on the day of an election for a reasonable period of time, not to exceed three hours, to vote. If an employee’s shift begins three or more hours after the polls open or ends three or more hours before the polls close, the employee is not entitled to take time off from work to vote. Tenn. Code Ann. § 2-1-106.
Texas: Employees are entitled to take paid time off for voting on election days, unless the employee has at least two consecutive hours to vote outside of the employee’s normal working hours. Tex. Elec. Code Ann. § 276.004.
Utah: An employee is eligible for two hours of paid leave to vote if they have less than three hours of non-work time to vote while the polls are open. Utah Code Ann. § 20A-3-105.
Vermont: No voting leave law exists.
Virginia: No voting leave law exists.
Washington: No voting leave law exists. All voting in Washington State is by mail.
West Virginia: Employees who are registered to vote and do not have at least three hours of time off during the polling hours to vote are entitled to up to three hours off with pay to vote. W. Va. Code Ann. § 3-1-42.
Wisconsin: Employers must permit employees who are entitled to vote to be absent from work while the polls are open for up to three consecutive hours on an election day. Wis. Stat. § 6.76(1).
Wyoming: An employee who is eligible to vote and has less than three consecutive non-work hours to vote during the time the polls are open is entitled to one hour of paid leave to vote. Wyo. Stat. Ann. § 22-2-111.
The author of this article, Patricia Tsipras, is a member of the Bar of Pennsylvania. This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in Pennsylvania or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist. Always consult an attorney with specific legal issues.
