Finding time to vote can sometimes be a challenge for working Americans. In fact, registered voters frequently cite scheduling conflicts with work or school as their reason for not voting.
But many people don’t realize that in the majority of states, employers are required to give their employees time off work to vote. Most of those states also require employers to pay employees for the time off. And, employers generally aren’t allowed to fire or discipline workers for taking time off to vote.
Does My State Provide Time Off Work to Vote?
Currently, no federal law gives employees time off for voting, so your rights are determined by state law. In 30 states, employers are required by law to give their employees time off work to vote. These laws are called “voter-leave” laws. Most voter-leave laws allow employees to take two or three hours off work. Some states give employees as long as it reasonably takes to vote. Twenty states and the District of Columbia don't require time off to vote, although many employers choose to offer it anyway.
States That Give Employees Paid Time Off to Vote
The states that offer paid time off to vote are Alaska, Arizona, California, Colorado, Hawaii, Iowa, Kansas, Maryland, Minnesota, Missouri, Nebraska, Nevada, New Mexico, New York, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah, West Virginia, and Wyoming. Of these states, California, Colorado, Hawaii, Nevada and Utah also send all registered voters mail-in ballots before each election. Of course, if you decide to vote by mail, you're not entitled to paid time off.
States That Give Employees Unpaid Time Off to Vote
The states that offer unpaid time off are Alabama, Arkansas, Georgia, Illinois, Kentucky, Massachusetts, and Wisconsin. Mississippi grants employees time off, but does not specify whether they will be compensated.
States That Don’t Provide Time Off to Vote
The states (and district) that don’t offer time off are Connecticut, Delaware, District of Columbia, Florida, Idaho, Indiana, Louisiana, Maine, Michigan, Montana, New Hampshire, New Jersey, North Carolina, North Dakota, Oregon, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia, and Washington.
Even though Oregon and Washington do not allow time off, they are both vote-by-mail states. The District of Columbia and Vermont have also announced that, because of the pandemic, they will automatically send absentee ballots to all registered voters.
Can I Still Take Time Off to Vote Even If My State Doesn’t Have a Voter-Leave Law?
Even if your state doesn’t have a voter-leave law, your employer might allow you to take time off work to vote. Many employers have policies that make it easier for employees to cast their ballots, and some declare a company-wide holiday on Election Day. If your employer doesn’t have a policy like this in place, local laws might provide you with additional rights.
What Do I Need to Do to Get Time Off Work to Vote?
In a few states, employers are required to notify employees of their right to take time off for voting, but in most states, it’s up to the employees to know the law. In almost every state with a voter-leave law, employees are entitled to take time off only if they don’t have enough time to vote before or after work. And, most laws require employees to notify employers before taking time off to vote. Proof that an employee has voted is not required in most states.
State Laws on Time Off to Vote
Here’s a look at the legal requirements in some of the largest states with voter-leave laws.
California Voter-Leave Laws
California requires employers to give employees two hours paid time off to vote, unless an employee has “sufficient” time to vote outside of working hours. An employee can take time off only at the beginning or end of the regular working shift, whichever allows the most free time for voting and the least time off from the regular working shift, unless the employer and the employee reach a different agreement. Whenever possible, an employee must provide at least two working days’ notice before taking time off.
Texas Voter-Leave Laws
Texas grants workers paid time off for as long as it reasonably takes to vote, unless an employee has at least two hours available before or after work to vote. Texas law does not say anything about providing notice, but notifying your employer before taking time off is always a good idea.
New York Voter-Leave Laws
New York provides employees two hours paid time off, unless an employee has at least four hours before or after work to vote. If an employee requires more than two hours to vote, the employee may take additional unpaid time off. The employer may specify the hours an employee can take off. If an employee wants to take advantage of the law, the employee must provide notice not more than ten or less than two working days before the election.
Illinois Voter-Leave Laws
Under Illinois law, employers must give workers two hours of unpaid time off, unless an employee has at least two hours available to vote outside of working hours. The employer may decide which hours the employee can take off. For general and special elections, the employee must notify the employer before Election Day. For primary elections, the employer must give consent.
Ohio Voter-Leave Laws
Workers in Ohio are entitled to a reasonable amount of time off to vote. The Ohio voter-leave law does not address notice or compensation, but the law has been interpreted to mean that any time off is unpaid.
Georgia Voter-Leave Laws
In Georgia, employers are required to give employees two hours of unpaid time off, unless an employee has at least two hours available before or after work to vote. The employee must provide reasonable notice before taking time off. The employer may specify the hours an employee can take off.
Arizona Voter-Leave Laws
Arizona provides for three hours paid time off to vote, unless a worker has at least three hours available before or after work to vote. The employee must provide notice before Election Day, and the employer may decide which hours the employee can take off.
Massachusetts Voter-Leave Laws
In Massachusetts, workers in the manufacturing, mechanical, or retail industries can take off the first two hours after the polls open to vote. The time off is unpaid, and employees must apply for a leave of absence in order to take time off.
For more information on voter-leave laws in other states, see our state-by-state analysis.
Federal Employees' Rights to Time Off to Vote
If you’re a federal employee and the polls in your area are not open for at least three hours before or after your regular shift, you can request a limited amount of administrative leave that will permit you to report for work three hours after the polls open or leave work three hours before the polls close.
What If My Employer Isn’t Following the Law?
The penalties for an employer’s failure to comply with voter-leave laws are significant in some states, while other states impose no penalties at all. For example, in New York and Colorado, a company that prevents a worker from voting could lose its corporate charter (meaning that the company would cease to exist). In Arizona, supervisors can be fined up to $2,500 if they bar someone from voting, and a company can be fined as much as $20,000. In Georgia, on the other hand, there are no penalties or jail time if an employer doesn’t follow the law.
If your supervisor denies you time off work to vote and you live in a state with a voter-leave law, you should consider informing your human resources department before the election. If your employer still won’t give you time off work to vote, or you suffer negative consequences for taking time off, you may wish to consult with an employment lawyer.