Must employees be granted time off to vote?
Voting leave laws exist in 28 states scattered across the U.S. For employers with employees in one (or more) of those states, the answer is “Yes!” Employees do need time off from work to vote in elections.
The state laws, however, vary regarding whether that time off must be paid and how much time off employees get. Often, the amount of time off is dependent upon the employee’s work schedule on Election Day. The states that require employers to provide time off are as follows:
State | Paid | Unpaid | How much |
AL | X | 1 hour | |
AK | X | Unspecified | |
AZ | X | 3 hours | |
AR | X | Unspecified | |
CA | X | 2 hours | |
CO | X | 2 hours | |
DC | X | 2 hours | |
GA | X | 2 hours | |
IL | X | 2 hours | |
IA | X | Unspecified | |
KS | X | 2 hours | |
KY | X | 4 hours | |
MD | X | 2 hours | |
MA | X | 2 hours | |
MN | X | Unspecified | |
MO | X | 3 hours | |
NE | X | 2 hours | |
NV | X | 3 hours | |
NM | X | 2 hours | |
NY | X | 2 hours | |
OH | X* | Unspecified | |
OK | X | 2 hours | |
SD | X | 2 hours | |
TN | X | 3 hours | |
TX | X | Unspecified | |
UT | X | 2 hours | |
WV | X | 3 hours | |
WI | X | 3 hours | |
WY | X | 1 hour |
*Paid for salaried employees.
These state laws have other details, such as:
- Whether employees must give advanced notice to employers.
- Which elections entitle employees to voting leave.
- Whether employers must post a notice in the workplace about voting leave laws.
While these are the general concepts of voting leave laws, complying with all the nuances of each state might be challenging for multi-state employers. Documenting the details in an employee handbook and keeping it up to date is vital.
For employers with employees in the other 22 states that aren’t obligated to give time off to vote, providing options such as offering paid or unpaid time, or flex time, to participate in an election can demonstrate a commitment to supporting employees. It’s best to communicate the options and have a plan in place well before Election Day.
Key to remember: Employers with employees in certain states must allow employees to take time off to vote.