Global Compliance – United States
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:
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.