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USA: State-wise Voting Leave Entitlement  

The 2024 U.S. elections are scheduled for November 5, 2024, and it is crucial for both employees and employers to understand the voting leave regulations that apply to them, across various states. The right to vote is fundamental and these state-specific laws ensure that employees can exercise this right without risking their employment. 

Federal Law vs. State Law  

The US Federal law does not mandate that employers provide employees with time off to vote. However, the majority of states, along with some local ordinances, have implemented their own requirements, particularly when an employee’s work schedule does not allow sufficient time to vote during polling hours. 

The following table summarizes the voting leave laws for private employers across the U.S. for the 2024 elections: 

State 

Voting Time off Requirement 

Alabama 

Employees are entitled to unpaid time off up to 1 hour or voting. The employer may specify the hours and employees must provide reasonable notice.  

An employee is not entitled to leave if the workday begins at least 2 hours after the polls open or ends at least 1 hour before the polls close. 

Alaska 

 

Employees are entitled to paid time off for voting. The duration is not specified in the law. Employers shall provide reasonable time for employees to cast their vote.  

Employees are generally allowed as much time as needed to vote, unless the employee already has 2 consecutive non-working hours available, either before their shift begins or after it ends, during polling hours. 

Arizona 

Employees are entitled to paid time off upto 3 consecutive hours at the beginning or end of the employee’s shift to vote. Employers may specify the number of hours.  

An eligible employee must apply for leave before Election Day and the employee is not entitled to leave if they have at least 3 consecutive hours before or after their shift while the polls are open. 

Arkansas 

Employees are entitled to paid time off for voting. The duration is not specified in the law. Employers shall provide reasonable time off to employees for voting. 

California 

Employees are entitled to paid time off upto 2 hours to vote if the employee does not have enough time outside of working hours to vote.  

The time off must be taken at the beginning or end of the work shift, whichever allows the most time for voting and the least time off from work unless otherwise mutually agreed upon 

Employees must notify their employer at least 2 working days in advance. 

Colorado 

Employees are entitled to paid time off upto 2 hours to vote while the polls are open, and the employer may specify the hours at the beginning or end of the shift. s. If an employee has 3 or more nonworking hours while the polls are open, they are not eligible to voting leave. 

Employees must notify their employer about the leave before the Election Day. 

Connecticut 

Employees are entitled to unpaid time off upto 2 hours to vote during the employee’s regularly scheduled work hours on the day of a regular state election. 

District of Columbia 

Employees are entitled to paid time off upto 2 hours to vote in any public election. An employee must inform the employee in advance of taking the leave. 

Georgia 

Employees are entitled to paid time off upto 2 hours to vote during polling hours. 

The employer may specify the hours, and an employee is not entitled to leave if they have at least 2 nonworking hours before or after work while the polls are still open. 

Illinois 

Employees are entitled to paid time off upto 2 hours to vote during polling hours. 

For primary elections, this leave requires the employer’s consent. For general or special elections, employees must request leave prior to Election Day. Employers cannot deduct pay for this voting leave.  

The entitlement applies when an employee’s shift starts less than two hours after the polls open or ends less than two hours before they close. 

Iowa 

Employees are entitled to paid time off upto 2 hours to vote during polling hours. 

The employer may specify the hours, and an employee must request the leave before Election Day in writing. Employees are not entitled to leave if they have 2 consecutive nonworking hours while the polls are open. 

Kansas 

Employees are entitled to paid time off upto 2 hours to vote while the polls are open. 

Employer may specify the hours, except the specified time must not include the regular lunch period. The entitlement applies when an employee’s shift starts less than 2 hours after the polls open or ends less than 2 hours before they close. 

Kentucky 

An employer must provide an employee with reasonable time, but not less than an unpaid time off upto 4 hours to vote while the polls are open.  

The employee must apply for leave before the day they plan to vote. 

Maryland 

Employees are entitled to paid time off upto 2 hours to vote while the polls are open. 

The entitlement applies when an employee’s shift starts less than 2 hours after the polls open or ends less than 2 hours before they close. 

Massachusetts 

Employers in the manufacturing, mechanical, or mercantile industries must allow eligible employees to take unpaid time off to vote if they request it.  

Other employees may request to leave work during the first 2 hours after the polls open in the precinct, ward, or town where they are eligible to vote. 

Minnesota 

An employee is entitled to adequate paid time off to appear at a polling place, cast a ballot, and return to work. 

Missouri 

Employees are entitled to paid time off upto 3 hours to vote while the polls are open. 

The entitlement applies when an employee’s shift starts less than 3 hours after the polls open or ends less than 3 hours before they close. 

Nebraska 

Employees are entitled to paid time off upto 2 hours to vote while the polls are open. 

Employees are not entitled to leave if they have 2 consecutive nonworking hours while the polls are open. 

Nevada 

Employees are entitled to reasonable paid time off to vote determined by the distance between the place of employment and polling place. The paid time off is based on distance to the polling place: 

  • 1 hour if the polling place is 2 miles or less from work,  
  • 2 hours if it’s between 2 and 10 miles, 
  • 3 hours if it’s more than 10 miles away. 

Employees must apply for leave before Election Day. Employees are not eligible if it is “practicable” to vote before or after working hours. 

New Mexico 

Employees are entitled to paid time off  upto 2 hours to vote while the polls are open. 

Employees are not entitled to paid time off if they have 2 consecutive non-working hours while the polls are open. 

New York 

Employees who do not have 4 consecutive hours to vote outside of their work hours are entitled to take not more than paid time off upto 2 hours to vote. 

Employees must notify their employer at least two working days before election day if they need time off to vote. 

Ohio 

Employees are entitled to a reasonable amount of unpaid time off to vote on Election Day. 

Oklahoma 

Employees are entitled to paid time off upto 2 hours to vote or sufficient paid time to vote if the employee needs more time for travelling due to distance. Employees must provide oral or written notice at least 3 days before the election.  

An employee is not eligible if they have at least 3 consecutive nonworking hours while the polls are open. 

Puerto Rico 

Employees are entitled to paid time off upto 2 hours to vote while the polls are open. 

South Dakota 

Employees are entitled to paid time off upto 2 hours to vote while the polls are open. 

Tennessee 

Employees are entitled to paid time off upto 3 hours to vote while the polls are open. 

An employee must submit the request by noon the day before the election. An employee with at least 3 consecutive nonworking hours while the polls are open is not eligible.  

Texas 

An employee is entitled to paid time off to vote. However, if an employee has at least 2 consecutive nonworking hours while the polls are open, they are not eligible. 

Utah 

Employees are entitled to paid time off upto 2 hours to vote while the polls are open. 

Employees are not entitled to leave if they have 3 consecutive nonworking hours while the polls are open. 

West Virginia 

Employees are entitled to at least 3 hours of paid leave when the polls are open. Employees must give a written request at least 3 days before Election Day.  

Employees are not entitled to leave if they have 3 consecutive nonworking hours while the polls are open. 

Wisconsin 

Employees are entitled to unpaid time off upto 3 hours to vote while the polls are open. Employees must provide notice to employers before the Election Day. 

Wyoming 

Employees are entitled to paid time off upto 1 hour to vote while the polls are open.  

Employees are not entitled to leave if they have 3 consecutive nonworking hours while the polls are open. 

 

States that do not have statutory provisions specifically requiring private employers to provide voting leave include Delaware, Florida, Hawaii, Idaho, Indiana, Louisiana, Maine, Michigan, Montana, North Dakota, New Hampshire, New Jersey, North Carolina, Oregon, Pennsylvania, Rhode Island, South Carolina, Virginia, and Washington. In these states, while there is no legal obligation for private employers to offer time off for voting, employers may still choose to implement their own policies to support employee participation in elections.

Employers should ensure compliance with voting leave requirements for the 2024 election by reviewing and updating their policies to align with current state laws and informing employees well in advance regarding their right to time off for the purpose of voting. Special consideration must be given to how voting leave laws apply to remote employees, addressing any unique legal challenges. Additionally, employers must ensure all mandatory notices regarding voting leave are clearly posted, including digital postings for remote workers where applicable.  

Takeaway: Employers should diligently assess state-specific voting leave requirements in conjunction with their organizational policies and actively promote employee participation in elections to cultivate civic responsibility. 

Disclaimer: The material provided above is for informational purposes only and is subject to change. We endeavor to keep all material up-to-date and correct but make no representations about the information's completeness, accuracy, or reliability. Laws vary by jurisdiction and are subject to change and interpretation based on individual factors that may differ between organizations. The material is not meant to constitute legal advice and we suggest you seek the advice of legal counsel in connection with any of the information presented.
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