Voting leave laws by state
Navigating the complexities of voting leave laws can be challenging for employers and employees alike. Our comprehensive guide provides detailed information on the voting leave laws for each state, ensuring that businesses remain compliant and workers are aware of their rights. Discover essential insights on required leave duration, notice provisions, paid leave policies, and more to facilitate informed decision-making and promote civic engagement within your workforce.
State |
How much leave must be provided for voting? |
Does the Worker have to provide notice of using Voting Leave? |
Is Voting Leave Paid? |
Are there any exceptions to providing Voting Leave? |
What is the punishment for failing to provide Voting Leave? |
Alabama |
Workers must be provided the time "necessary" to vote, not to exceed one hour. A company may specify the hours designated for Voting Leave. | Workers must provide "reasonable" notice | Companies are not required to pay wages for the time off to vote by state law. | A Worker is not entitled to leave if the workday begins at least two hours after the polls open, or ends at least one hour before the polls close. | N/A |
Alaska |
A Company must allow sufficient time off to enable voting in state elections. The law does not specify the amount of time or whether Company may designate the hours. | The law does not specify that the Worker must provide notice outside of the Company's regular attendance policy. | The Worker must be paid their usual wage. | Workers are not entitled to leave if they have sufficient time outside working hours to vote. Sufficient time is considered two consecutive hours before or after a shift, while the polls are open. | Companies who disobey this provision commit an employment law violation. |
Arizona |
A Company must provide up to three consecutive hours at the beginning or end of the Worker's shift. The Company may specify the hours. | The Worker must apply for leave before election day. | The Worker must be paid their usual wage. | Workers are not entitled to leave if they have three consecutive nonworking hours before or after a regular work shift while the polls are open. | Company violation is a class 2 misdemeanor. |
Arkansas |
Companies must schedule work hours to allow Workers time to vote. The law does not specify the amount of leave time required. | The law does not specify that the Worker must provide notice outside of the Company's regular attendance policy. | The statute does not specify whether the absence must be paid. | The statute does not specify any exclusions. | Companies that fail to comply may be fined between $25 and $250. |
California |
Enough working time that will enable Workers to vote when added to voting time available outside of working hours must be provided to Workers. Time off must be taken at the beginning or end of the regular shift, whichever allows the most time off to vote and requires the least missed work time, unless otherwise mutually agreed. | Worker must provide at least two working days' notice before the election if, on the third working day before the election, the Worker knows or has reason to know he will need to leave to be able to vote. | Workers must be paid for up to two hours of voting time. | Workers who have sufficient nonworking time in which to vote are excluded from the voting time law. The law also requires Companies to conspicuously post a notice of voting leave policy at least ten days before every statewide election. | N/A |
Colorado |
Up to two hours of leave while the polls are open must be provided. Businesses may specify the hours, but the hours must be at the beginning or end of the shift if the Worker requests it. | Worker must apply for leave before election day. | Workers must be paid for up to two hours of voting time. | Workers are not eligible for leave if they have three or more nonworking hours while the polls are open. | A businesses violation of this provision is a misdemeanor. A corporation's violation will result in forfeiture of its character and the right to do business in Colorado. |
Connecticut |
Up to two hours unpaid time off to vote during the Worker's regularly scheduled work hours on the day of a regular state election, must be provided to the Worker. In the case of a special election for US Senator, US Representative, state senator, state representative, or judge of probate, up to two hours unpaid time off to vote for registered voters through June 30, 2024. | Worker must request the unpaid time off at least two working days in advance of the election. | The time off can be unpaid. | There are no exceptions listed in the statute. | N/A |
Delaware |
Delaware does not have a voting leave law, however, state law prohibits both individuals and corporations from hindering, controlling, coercing or intimidating a voter regarding their right to vote, including threats to deprive them of employment. | N/A | N/A | N/A | There is a $500 penalty. |
District of Columbia |
Workers are entitled to take at least two hours of time off to vote. The company may specify the hours. | Workers must provide "reasonable" notice | Workers must be paid for up to two hours of voting time. | There are no exceptions listed in the statute. | N/A |
Florida |
Florida does not have a voting leave law, however, companies are prohibited from firing or threatening to fire Workers for voting or not voting in an election. | N/A | N/A | N/A | It is a third degree felony to violate the voting law. |
Georgia |
Workers must be provided necessary time off to vote, not to exceed two hours. Businesses may specify the hours. | Workers must give reasonable notice. | The time off can be unpaid. | There are no exceptions listed in the statute. | A Businesses violation is a misdemeanor. |
Hawaii |
Workers are entitled to a maximum of two consecutive hours off from work. | The law does not specify that the Worker must provide notice outside of the Company's regular attendance policy. | Workers may not be subjected to deductions from any usual salary or wages for the absences, provided they actually vote. | Voting leave need not be provided if a Worker has two consecutive hours of non-working time when the polls are open. | A violation is punishable by a fine of not less than $50 nor more than $300. |
Idaho |
There is no specific statute requiring workers be provided time off to vote. | N/A | N/A | N/A | N/A |
Illinois |
Workers are entitled to up to two hours while the polls are open. | For leave for primary elections, a Worker must have the company's consent. For leave for a general or special election, the Worker must apply for leave before the election day. | Worker must be paid for voting in a general or special election. Whether or not pay is required is not specified for primary elections. | Businesses must permit a two-hour absence for voting in a general or special election if a shift begins less than two hours after the polls open or ends less than two hours before the polls close. A Businesses violation of this section is a class A misdemeanor. | Businesses may specify the hours. |
Indiana |
There is no specific statute requiring workers be provided time off to vote. | N/A | N/A | N/A | N/A |
Iowa |
An amount that, when added to the Worker's nonworking time, totals two consecutive hours while the polls are open. Businesses may specify the hours. | Workers must apply individually and in writing before election day. | Workers must be paid. | A Worker is not eligible for leave if they have two consecutive nonworking hours to vote while the polls are open. | Businesses violation of this provision is fourth degree election misconduct. |
Kansas |
A Worker is entitled to up to two consecutive hours while the polls are open. Businesses may specify the hours, except the specified time must not include the regular lunch period. | The law does not specify that the Worker must provide notice outside of the Company's regular attendance policy. | Workers must be paid. | If the polls are open before of after the Worker's shift, the Worker is only entitled to time off which, when added to the period of non-working time when the polls re open, will not exceed two consecutive hours. | A businesses violation of this provisions is a class A misdemeanor |
Kentucky |
Workers must be provided reasonable time, but not less than four hours while the polls are open or during the hours of the office of the clerk if the Worker appears before the clerk to apply for or execute an absentee ballot. Businesses may specify the hours. | The Worker must apply for leave before election day or before the day the Worker appears before the clerk to apply for or execute an absentee ballot. | The Worker may not be penalized for taking leave and voting. No pay is required. | The Worker may be penalized and disciplined if they take voting leave but fail to vote. | N/A |
Louisiana |
There is no specific statute requiring workers be provided time off to vote. | N/A | N/A | N/A | N/A |
Maine |
There is no specific statute requiring workers be provided time off to vote. | N/A | N/A | N/A | N/A |
Maryland |
A Worker is entitled to up to two hours of leave to vote. The law does not specify whether businesses can designate the hours | The law does not specify that the Worker must provide notice outside of the Company's regular attendance policy. | Workers must be paid. | A Worker is not eligible if they have two consecutive non-working hours in which the polls are open. Workers must furnish proof to the Company that they voted by submitting a state-prescribed form. | N/A |
Massachusetts |
Workers must be provided with two hours of leave after the opening of the polls. | Workers must apply for leave. | The time off can be unpaid. | Leave applies to Workers of manufacturing, mechanical, or mercantile establishments. | A businesses violation of this provision may be subject to a fine up to $500. |
Michigan |
There is no specific statute requiring workers be provided time off to vote. | N/A | N/A | N/A | N/A |
Minnesota |
Workers are entitled to the time necessary to appear at polling place, cast a ballot, and return to work. Law does not specify whether a business may designate the hours. | The law does not specify that the Worker must provide notice outside of the Company's regular attendance policy. | Workers must be paid. | There are no exceptions listed in the statute. | A businesses violation of this provision is a misdemeanor. |
Mississippi |
Mississippi does not have a voting leave law, however, companies are prohibited from interfering with the political rights of Workers. The law further states that workers may be allowed to use vacation or other leave time in order to vote in an election. | N/A | Workers may be paid if they utilize paid time off to vote. | N/A | N/A |
Missouri |
Workers are entitled to up to three hours while the polls are open. Businesses may specify the hours. | Workers must request leave before election day. | Workers must be paid. | Workers are excluded if they have three successive nonworking hours while the polls are open. | A businesses violation of this provision is a class four election offense. |
Montana |
There is no specific statute requiring workers be provided time off to vote. | N/A | N/A | N/A | N/A |
Nebraska |
Workers are entitled to an amount that when added to nonworking time, totals two consecutive hours while the polls are open. Businesses may specify the hours. | The law does not specify that the Worker must provide notice outside of the Company's regular attendance policy. | If the Worker applies for leave on or before election day, the Worker must be paid. | A Worker is not eligible if they have two consecutive nonworking hours during which the polls are open. | N/A |
Nevada |
Workers must be given leave for a sufficient time to vote as determined by distance between the Worker's place of work and polling place. If the place of work is two miles or less from the polling place, leave of up to one hour must be provided. If the place of work is more than two miles, but not more than ten miles from the polling place, leave of up to two hours must be provided. If the place of work is more than ten miles from the polling place, leave of up to three hours, must be provided. Businesses may designate the time of the absence. | Workers must apply for leave before election day. | Workers must be paid. | A Worker is not eligible for voting time leave if it is practicable to vote before or after working hours. | A businesses violation of these provisions is a misdemeanor. |
New Hampshire |
There is no specific statute requiring workers be provided time off to vote. | N/A | N/A | N/A | N/A |
New Jersey |
There is no specific statute requiring workers be provided time off to vote. | N/A | N/A | N/A | N/A |
New Mexico |
Workers are entitled to up to two hours while the polls are open. Businesses may specify the hours. | Not specified. | Not specified, but businesses may not impose any penalty on Worker for taking leave. | A Worker is not eligible for leave if their workday begins more than two hours after the polls open or ends more than three hours before the polls close. Businesses violation of this provision is a misdemeanor. Businesses may be subject to a fine of between $50 and $100. | N/A |
New York |
Workers are entitled to up to two hours. Companies may designate that leave must be taken at the beginning or end of shift. | Workers must notify the company at least two days but no more than ten days before election days | Worker must be paid for up to two hours. | A Worker is not eligible for leave if they have four consecutive hours to vote between the opening of the polls and the beginning of their work shift or between the end of their work shift and the closing of the polls. At least ten days before every election, Companies must conspicuously post a required notice in the workplace until the close of the polls on election day. | A Company's violation of this provision is a misdemeanor, subjecting them to a fine between $100 and $500, imprisonment for up to one year, or both. |
North Carolina |
There is no specific statute requiring workers be provided time off to vote. | N/A | N/A | N/A | N/A |
North Dakota |
Businesses are encouraged to establish a program to provide time off to vote when the Workers regular work schedule conflicts with voting during the time the polls are open. The law does not specify whether businesses may designate the hours. | The law does not specify that the Worker must provide notice outside of the Company's regular attendance policy. | The time off can be unpaid. | N/A | N/A |
Ohio |
Workers must be given a reasonable amount of time to vote on election day. Law does not specify whether a company may designate hours. | The law does not specify that the Worker must provide notice outside of the Company's regular attendance policy. | The time off can be unpaid. | Companies may not threaten Workers with termination for utilizing the leave. | Company violation of this provision may result in a fine of between $50 and $500. |
Oklahoma |
Workers are entitled to leave of up to two hours during the period when the election is open, but if due to distance from the voting place a Worker needs more than two hours to vote, the Worker must receive sufficient time to vote. Businesses may specify the hours. | A Worker must provide oral or written notice at least three days before the election. | A Worker must be paid, but businesses may require proof that a vote was cast. | A Worker is excluded if shift begins three or more hours after the polls open or end three or more hours before they close. Businesses may change the work hours to allow the opportunity to vote three hours before or after the end of work. | Businesses violation of this provision results in a civil penalty between $50 and $100 |
Oregon |
There is no specific statute requiring workers be provided time off to vote. | N/A | N/A | N/A | N/A |
Pennsylvania |
There is no specific statute requiring workers be provided time off to vote. | N/A | N/A | N/A | N/A |
Rhode Island |
There is no specific statute requiring workers be provided time off to vote. | N/A | N/A | N/A | N/A |
South Carolina |
South Carolina does not have a voting leave law, however, companies are prohibited from firing workers who exercise their political rights. | N/A | N/A | N/A | N/A |
South Dakota |
Workers are entitled to two consecutive hours while the polls are open. Businesses may specify the hours. | The law does not specify that the Worker must provide notice outside of the Company's regular attendance policy. | Workers must be paid. | A Worker is not eligible for leave if the Worker has two consecutive nonworking hours to vote while the polls are open. | A businesses violation of this provision is a class 2 misdemeanor. |
Tennessee |
Workers are entitled to a reasonable time period necessary to vote, but at most three hours during the time the polls are open. Businesses may specify the hours. | Worker must apply for leave before 12:00 noon on the day of the election. | Workers must be paid. | A Worker is excluded if their shift begins three or more hours after the opening of the polls or ends three or more hours before the closing of the polls. | N/A |
Texas |
Businesses must permit absence from work for the purpose of voting. The law does not specify the amount of time required or whether companies may designate the hours. | The law does not specify that the Worker must provide notice outside of the Company's regular attendance policy. | Workers must be paid. | A Worker is excluded if they have two consecutive nonworking hours while the polls are open. | A businesses violation of this provision is a class C misdemeanor. |
Utah |
Workers are entitled to up to two hours while the polls are open. Businesses may specify the hours, but must grant requests for leave to be taken at the beginning or end of a shift. | Workers must apply for leave before election day. | Workers must be paid. | A Worker is excluded if they have three or more nonworking hours while the polls are open. | Company's violation of this provision is a class B misdemeanor. |
Vermont |
There is no specific statute requiring workers be provided time off to vote. | N/A | N/A | N/A | N/A |
Virginia |
There is no specific statute requiring workers be provided time off to vote. | N/A | N/A | N/A | N/A |
Washington |
There is no specific statute requiring workers be provided time off to vote. | N/A | N/A | N/A | N/A |
West Virginia |
Workers are entitled to up to three hours, if necessary, when the polls are open. Businesses may specify the hours if Worker works in essential government, health, hospital, transportation, or communication services, or in an industry requiring continuous operations. | A Worker must make a written demand at least three days before election day. | Workers must be paid. | If Worker has three or more nonworking hours at any time while the polls are open and fails or neglects to vote, or elects not to vote during this period, Worker may be subject to wage or salary deductions for the time spent away from work for voting. | A businesses violation of this provision is a misdemeanor. A corporation is subject to a fin of up to $1,000, while non-corporate businesses and individuals are subject to a fine of up to $500, imprisonment for up to six months, or both. |
Wisconsin |
Workers are entitled to up to three successive hours of time off to vote. The company may designated the time for the absence. | The Worker must notify the company prior to the date of the election. | The time off can be unpaid. | No exceptions are specified. | N/A |
Wyoming |
Workers are entitled to leave of one hour (excluding meal hour) while the polls are open. Businesses may specify the hour. | The law does not specify that the Worker must provide notice outside of the Company's regular attendance policy. | Workers must be paid if Worker actually casts a legal vote. | A Worker is excluded if they have three or more consecutive nonworking hours while the polls are open. Business' knowing violation of this provision is a misdemeanor, punishable by up to six months in jail, a fine of up to $1,000 or both. | N/A |
Federal |
Federal law does not specify an entitlement to voting leave in a general election, however, federal law protects a worker's right to vote. | N/A | N/A | N/A | N/A |
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