If an employee asks for time off to vote in the upcoming election, do you know what your legal obligations are? As a responsible employer, you certainly want to encourage employees to exercise their constitutional right to vote. And as a law-abiding employer, you also want to be aware of any state-specific laws that require you to provide time off from work to vote.
Is There a Federal Law That Mandates Time Off to Vote?
While there is no federal law mandating voting leave, 29 states require it, especially if an employee’s work schedule doesn’t provide enough time to vote during regular polling hours. State laws vary regarding whether you must provide paid time off to vote, or if you have the right to designate the time of day when leave should be taken, such as the start or end of the employee’s workday. Further still, a couple of states — California and New York — require you to display postings advising employees of their voting-leave rights.
29 states require voting leave if employees don’t have enough time to vote during their work hours. Ensure you’re compliant by checking your state’s specific laws.
To implement a clear, legally sound time off to vote policy, be sure to review the specific requirements for your state and address them in the policy. Share this policy with all employees well in advance of Election Day — and get written acknowledgment that they’ve received it. Check local laws, as well, to see if any the provisions are more generous than state law, in which case you must uphold them.
Here are the applicable laws among the nearly 30 states with voting time off requirements:
| State | Amount of Voting Time Required | Must Employee be Paid? | Advance Notice Requiredof Employee | May Employer Designate Voting Time? |
|---|---|---|---|---|
| Alabama | 1 hour, unless 2 hours available before or 1 hour after work | Not addressed by statute | Yes, reasonable notice | Yes |
| Alaska | Enough time to vote, unless 2 hours available before or after work | Yes | Not addressed by statute | Not addressed by statute |
| Arizona | Up to 3 hours, unless polls are open 3 consecutive, nonworking hours | Yes | Yes, before election day | Yes |
| Arkansas | Employer must adjust work hours to allow sufficient voting time | Not addressed by statute | Not addressed by statute | Not addressed by statute |
| California | Sufficient voting time at start or end of scheduled work hours | Yes, up to 2 hours | Yes, 2 workdays prior to Election Day | Yes, at start or end of shift or as mutually agreed |
| Colorado | 2 hours, unless polls open 3 nonworking hours | Yes | Yes, before Election Day | Yes, at start or end of shift |
| Georgia | Up to 2 hours where necessary, unless 2 hours available before or after work | Not addressed by statute | Yes, reasonable notice | Yes |
| Illinois | Up to 2 hours | Yes | Yes, before Election Day | Yes |
| Iowa | Up to 3 hours, unless polls are open 3 consecutive nonworking hours | Yes | Yes, in writing before Election Day | Yes |
| Kansas | 2 hours between open and close of polls (if polls are open before or after working hours, then enough time off, when added to free time, to equal 2 hours) | Yes | Not addressed by statute | Yes, but not during regular lunch period |
| Kentucky | Reasonable time off, allowing at least 4 hours between open and close of polls | Not addressed by statute | Yes, before Election Day | Yes |
| Maryland | Up to 2 hours, unless polls are open 2 consecutive, nonworking hours | Yes | Not addressed by statute | Not addressed by statute |
| Massachusetts | Time off required during first 2 hours polls are open (applies to employees in mechanical, manufacturing or mercantile establishments) | Not addressed by statute | Yes | Not addressed by statute |
| Minnesota | Time necessary to appear at the employee’s polling place, cast a ballot, and return to work on the day of the election | Yes | Not addressed by statute | Not addressed by statute |
| Missouri | Up to 3 hours, unless polls are open 3 consecutive nonworking hours | Yes | Yes, before Election Day | Yes |
| Nebraska | Up to 2 hours, unless polls are open 2 consecutive, nonworking hours | Yes | Yes, before Election Day | Yes |
| Nevada | Up to 3 hours (depending on distance to polls) unless sufficient time exists during nonworking hours | Yes | Yes, before Election Day | Yes |
| New Mexico | Up to 2 hours, unless polls are open 2 hours before workday begins or 3 hours after workday ends | Yes | Not addressed by statute | Yes |
| New York | Sufficient time off, unless polls are open 4 consecutive, nonworking hours | Yes, up to 2 hours | Yes, 2 – 10 work days before Election Day | Yes, at start or end of shift or as mutually agreed |
| North Dakota | Sufficient time off is “encouraged” | Not addressed by statute | Not addressed by statute | Not addressed by statute |
| Ohio | Reasonable time of | Yes, for salaried employees | Not addressed by statute | Not addressed by statute |
| Oklahoma | At least 2 hours, unless polls are open 3 consecutive, nonworking hours | Yes | Yes, in writing at least 3 days before Election Day | Yes |
| South Dakota | Up to 2 hours, unless polls are open 2 consecutive, nonworking hours | Yes | Not addressed by statute | Yes |
| Tennessee | Up to 3 hours, unless polls are open 3 consecutive, nonworking hours | Yes | Yes, prior to noon the day before the election | Yes |
| Texas | Unspecified, but no time off required if polls are open 2 consecutive, nonworking hours | Yes | Not addressed by statute | Yes, so long as sufficient time is allowed |
| Utah | h Up to 2 hours between open and close of polls, unless polls are open 3 or more, nonworking hours | Yes | Yes, before Election Day | Yes, although employee may request start or end of shift |
| West Virginia | Up to 3 hours between opening and closing of polls | Yes, unless employee has 3 consecutive, nonworking hours to vote but chooses not to | Yes, in writing at least 3 days before Election Day | Yes, but only for employees performing essential public services or continuous production work |
| Wisconsin | Up to 3 hours between opening and closing of polls | No | Yes, before Election Day | Yes |
| Wyoming | 1 hour, unless polls open 3 or more consecutive nonworking hours | Yes | Not addressed by statute | Yes, but not during mealtimes |
Meet Your Obligations with State Voting Laws
If your state appears on the list above, it’s important to ensure your employees are informed about their right to take time off to vote. To make it easy, consider displaying the posters included in the Politics in the Workplace Poster Bundle. By displaying these posters your workforce will gain a better understanding of their voting rights and other political activity regulations, while your business remains in compliance.
