Most states require employers to provide time for employees to vote on election day.  While these laws vary in each state, they generally require employers to give employees time off to vote if the polls are not open two or three hours outside of the employee’s regular shift.  Some of these states also require that companies pay employees for time off while they are voting.  In addition, some states may require employees to request time off from their employers in advance of election day.

Although most states do have provisions requiring voting leave, the following states do not:  Connecticut, Delaware, District of Columbia, Florida, Idaho, Indiana, Louisiana (although a statute prohibiting employers from taking adverse action against employees for engaging in political activity is interpreted to mean that employers must treat requests for time off to vote the same as requests for time off for all other reasons), Maine, Michigan, Mississippi (although there is a non-coercion statute which is interpreted to mean not allowing employees time off to vote would be unlawful coercion), Montana, New Hampshire, New Jersey, North Carolina, Oregon, Pennsylvania, Rhode Island, South Carolina and Vermont. 

The penalties associated with violating these statutes vary widely state-by-state.  An individual employer may be fined up to $2500 in Arizona, Kansas, and Missouri, for example.  Arizona authorizes corporations to be fined up to $20,000.  In contrast, the fine in Arkansas is only $25.  Some states also permit jail time, in addition to monetary penalties.  Businesses in New York and Colorado can lose their corporate charters if found in violation of time-off-to-vote laws.

The following is a summary for states that do require time off to vote on election day:

1. Alabama – Employees are given “necessary” time off to vote, not to exceed one hour.  The employee must give reasonable notice to get the time off.  However, if the polls open at least two hours before the employee starts work and close at least one hour after the employee ends work, the employer does not have to give the employee time off.  The statute does not specify if the time off is paid.

2. Alaska – An employer must allow an employee time off for voting unless the employee has two consecutive hours either before or after his/her regular work shift to cast his/her vote.  An employee does not have to provide notice to the employer.  This time off is paid.

3. Arizona – If polls are not open three consecutive hours outside the employee’s regular shift, the employee can have up to three hours to vote.  Employee must give notice prior to election day to be given this time off and the employer may specify the time that the employee can take off.  The leave is paid.

4. Arkansas – An employer must schedule work hours so that the employee has a sufficient opportunity to vote.  The employee does not have to request the time off in advance.  The statute does not state whether the time off is paid or unpaid.

5. California – Employees are allowed up to two paid hours time off at the beginning or end of their regular working shift to vote.  The employee must provide notice at least two working days in advance of the election if, on the third working day prior to the election, the employee knows or has reason to believe he/she will need the time off in order to vote.  An employee will be excluded from the time off rules if he/she has sufficient non-working time to vote.  Although the law requires time to be taken at the beginning or end of the work shift, the employer and employee can mutually agree on another arrangement. 

6. Colorado – An employee may take up to two hours leave time to vote; however, the employee will not be given leave if he/she has three or more non-working hours when the polls are open to vote.  The employee must give notice of his/her need for leave prior to election day.  The employer can specify the hours that it will give the employee off, but the hours shall be at the beginning or end of the employee’s work shift if the employee requests it.  The time off is paid.

7. Georgia – If polls are not open two consecutive non-working hours, the employee is allowed up to two hours leave to vote. Put another way, the employee is not entitled to leave if his/her work schedule begins at least two hours after the polls open or ends at least two hours before they close. The employee must give reasonable notice for leave.  The employer can specify the time it will give the employee off to vote.  The statute does not state whether this time off is paid or unpaid. 

8. Hawaii – If polls are not open two consecutive hours outside the employee’s regular shift, the employee can take up to two hours to vote, excluding lunch and rest periods.  The statute requires employers to pay employees for time off with proof that a vote is cast.  The employer may deduct leave time from the employee’s wages if the employee fails to vote and the employer can verify the failure to vote, however.

9. Illinois – Employees are allowed up to two hours paid time off to vote.  The employee must apply for leave prior to election day.  The employer must permit a two-hour absence from work if the employee’s working hours begin less than two hours after polls open and less than two hours before polls close.

10. Iowa – An employee can have up to three hours to vote if the polls are not open three consecutive hours outside the employee’s regular shift.  The employee must apply individually and in writing for leave prior to election day.  The time off is paid.  The employer may specify the time off that it will give to the employee.

11. Kansas – Employees are allowed up to two hours paid time off to vote if the polls are not open outside an employee’s work shift.  If the polls are open before or after an employee’s work shift for fewer than two consecutive hours, then the employee is only entitled to an amount of time off that, when added to the time that the polls are so opened before or after work, totals two consecutive hours.  The employer can specify the time off that it will give an employee, however, such time cannot include any regular meal breaks.

12. Kentucky – Employees are allowed up to four hours unpaid time off to vote.  The statute requires a reasonable amount of leave time, but states that it cannot be less than four hours.  An employee who is an election officer may be absent from work for up to an entire day to attend training or serve as an election officer.  The employee must give the employer notice prior to the election day.  The employer may specify the time off given to the employee.  Also, it should be noted that Kentucky statutes allow an employer to discipline employee if he/she takes time off to vote but fails to cast a vote.

13. Maryland – The employee is allowed up to two hours to vote if the polls are not open two consecutive hours outside the employee’s regular shift.  The time off is paid with proof that the employee cast a vote. 

14. Massachusetts – Employees in manufacturing, mechanical, or mercantile establishments are allowed time off during the first two hours after the polls have opened only if an application for time off has been submitted in advance.  The statute does not state whether the time off is paid or unpaid.

15. Minnesota – The employee has a right to be absent from work for the purpose of voting “during the morning of” election day.  This time off is paid.

16. Missouri – Employees are given up to three hours leave to vote, unless the employee has three consecutive non-working hours in which to vote while polls are open.  The employee must apply for leave prior to election day, and the employer may designate the time that the employee is given off from work.  This time off is paid.

17. Nebraska – If polls are not open two consecutive hours outside the employee’s regular shift, the employee is allowed up to two hours to vote.  The employee must apply for leave prior to election day, and the employer may specify the time of day that the employee may take time off to vote.  This leave is paid.

18. Nevada – If polls are not open a “sufficient” amount of time during the employee’s non-working hours, the employee is allowed anywhere from one to three hours to vote.  “Sufficient” time depends on the distance between the employer and the employee’s polling site.  The employee must make a request prior to election day for the time off, and the employer may specify the time of day the employee may take to vote.  This leave is paid.

19. New Mexico – Employees may have up to two hours of leave to vote, unless the employee’s work day begins more than two hours after the polls open or ends more than three hours before the polls close.  The statute does not state whether this time off is paid, but the employer may not impose a “penalty” on the employee for taking the time off.

20. New York – The employee is allowed “sufficient time” to vote if polls are not open four consecutive hours outside the employee’s regular shift.  The employee must notify the employer of the need for time off at least two but not more than ten working days prior to the election, and the employer may specify whether the employee takes time off at the beginning or end of the shift.  Employers must post a conspicuous notice of employee rights at least ten days before election day.  The time off is paid for up to two hours.

21. North Dakota – State law encourages employers to provide time off to vote when the employee’s regular work schedule conflicts with voting while the polls are open. 

22. Ohio – Employees may take a “reasonable amount of time” to vote on election day.  The time off is paid for salaried employees only.

23. Oklahoma – Employees who are registered to vote must be allowed up to two hours time off to vote on election day during a time when the polls are open.  An employee must receive “sufficient time” to vote if he or she requires more than two hours to attend the election.  The employee must notify the employer in writing or orally if he/she needs time off to vote on the day before the election, and the employer may specify what time the employee is given to take time off.  The time off is paid with proof of voting.  An employee is excluded if his/her work day begins three hours or more after the polls open or ends three hours or more before the polls close.  The employer may change the regular work schedule so that an employee will have the required three consecutive non-working hours off to vote.  The employer must notify the employee which hours he/she is allowed to attend the election. 

24. South Dakota – The employee is allowed to take time off to vote, if polls are not open two consecutive hours outside the employee’s regular shift.  The employer may specify the time that the employee is given off to vote. This time off is paid.

25. Tennessee – An employee is given a reasonable period of time off to vote, not to exceed three hours, unless he/she begins work three or more hours after the polls open or ends work three or more hours before the polls close.  The employee must give notice of their intention for time off to vote at least before 12 p.m. on the day prior to the election.  The employer may specify the time off that the employee is given to vote.  This time off is paid.

26. Texas – The employee is allowed reasonable time off to vote if polls are not open two consecutive hours outside the employee’s regular shift.  This time off is paid.  In addition, Texas law states that an employee must be permitted to attend a precinct convention of a political party in which the employee is eligible to participate.  Texas law also states that an employee must be permitted to attend a county, district, or state convention to which the employee is a delegate.

27. Utah – An employee may take up to two hours of leave to vote, unless he/she has three or more non-working hours in which to vote.  The employee must apply for leave prior to election day.  The employer may specify the time off that the employee is given to vote, however, the employer must grant the employee’s request for leave at the beginning or end of his/her work shift.  The time off is paid.

28. Virginia – An employer must not require an employee to use sick or vacation leave to vote.  If the employee serves as an election officer, he/she must be allowed to be absent in connection with such services.  An employee serving as an election officer for four hours or more, including travel time, must not be required to start a work shift that begins at 5 p.m. or later on the day of service or that begins before 3 a.m. on the day following service.  The employee must give reasonable notice of service to the employer to get the time off.  The statute does not specify whether this time off is paid.  An employee who is an election officer may not be discharged or suffer any adverse personnel against him/her.

29. Washington – The employer must arrange an employee’s work time on election day so the employee is allowed a reasonable time to vote, if polls are not open two hours out of five of the employee’s regular shift, excluding meal or rest  breaks.  The statute does not require an employee to give advance notice of need for time off, however, the employer may specify the time off that it gives to its employees to vote.  This leave is paid.

30. West Virginia – Employees are provided up to three hours leave if a request for time off is made at least three days prior to election day.  If the employee works in essential government, health, hospital, transportation, communication services, or is in an industry requiring continuous operations, the employer may specify the time off for an employee to vote.  The time off is paid unless the employee has three or more non-working hours in which vote, and the employee fails to use those non-working hours to vote.

31. Wisconsin – Employees are allowed up to three hours to vote if the request for time off is made prior to election day.  An election official must provide at least seven days notice to his/her employer, and such officials are given a leave of absence for the entire day.  The employee must notify the employer of his/her intend to take leave before election day, and the employer may specify the time off for the employee to vote.  This time off is unpaid. 

32. Wyoming – Employees may take one hour to vote, excluding meal times.  An employee will not be given the time off if he/she has three or more consecutive non-working hours in which to vote.  The statute does not require the employee to give advance notice of time off, however, it permits the employer to specify the time off that it will given to a employee to vote.  This time off is paid.

Hopefully, this list will be helpful to you, particularly if you have operations in multiple states.  If you think I’m wrong about any of this, please let me know.  It’s a bit difficult to get your arms around the laws in all 50 states.