I’m scheduled to work on Election Day. Do I have a right to take time off from work to vote?
Not necessarily. Getting time off to vote is an area of the law dealt with on a state-by-state basis. Depending on where you live, you may, or may not have the right to take time off to vote. For voting, the state laws rule applies during local, as well as national presidential elections.
In some states, the law designates a specific amount of time that workers must be allowed off to vote. This time off may be paid or unpaid. Some states require your employer to give you time off only if you will not have enough time to vote before or after work, while the polls are open. Most but not all states prevent your employer from firing or disciplining you because you take time off to vote. In some states, if you do not actually vote even though you took time off for that purpose, your employer can dock your pay for the hours off, so save your receipt or other proof of voting in case you’re later questioned.
How do I take advantage of the law in my state to vote during work hours on Election Day?
While the law on this varies from state to state, many states require that you give your employer advance notice of your intention to vote, or you cannot rely on the law’s protections. It’s a good idea anyway, so that you and your employer can make arrangements for coverage while you’re away from work. Even if your state does not have a law, you may find your employer will support your efforts to vote. If there are no protections in your state, and your employer will not accommodate your need to vote, before giving up and not voting, be sure to find out your state’s laws on absentee or early voting. That may be an option if there is absolutely no way you can be away from work and still vote.
I want to volunteer or work at the polls on Election Day. Can my employer stop me from doing that?
Even if your state has a law allowing you to vote, the time that you are permitted for voting is generally limited to a few hours–the time it takes most people to vote–rather than the entire day. Your employer may allow you to use a vacation day or personal leave for that purpose, but if you’re planning to do this, it’s recommended that you give advance notice. Your employer might not be so supportive of its employees’ civic participation in the future if everyone just calls in sick or takes leave that day. Use of sick leave and vacation leave are generally within your employer’s discretion to approve or deny. Employees generally do not have a legal right to take leave whenever they want without advance notice or permission, even if leave has been accrued, so make sure your employer is on board before you miss work.
Is my employer required to post a notice about employees’ right to vote?
Few states (California is one exception) require employers to post anything about how to take advantage of the legal right to time off to vote.
What happens if I am denied the right to vote because my employer broke the law?
Some states with laws allowing time off to vote impose penalties if an employer keeps workers from exercising their right to vote. While the penalties in some of the states that have them can be quite severe, other states do not have penalties at all.
In New York and Colorado, companies essentially face a corporate death sentence if they violate the time-off-to-vote law. They could lose their corporate charter if they bar a worker from voting. In Arizona, Missouri and Kansas, supervisors face fines of up to $2,500 if they block someone from voting. In Arizona, the company itself can be fined as much as $20,000.
Realistically, while your employer may not ultimately face much punishment, if you live in a state with legal protections (or even if you don’t), most employers will want to promote civic involvement and maintain employee morale by allowing their workers to vote. If word gets out that a particular company prevents its employees from voting, the company faces a potential public relations problem, which may be more of a concern than any fine a government agency might impose.
What is the law in my state?
Select your state from the map below or from this list.
| State | Time Off Required? | Exceptions? | Time Off Paid or Unpaid? | Advance Notice Required? | Proof of Voting Required? | Notes? |
|---|---|---|---|---|---|---|
| Alabama Alabama Act 2006-545 | Yes. 1 hour. | If the hours of work of the employee commence at least two hours after the opening of the polls or end at least one hour prior to the closing of the polls. | Unpaid. | Yes; “reasonable notice.” | No. | No enforcement method specified in act. |
| Alaska Alaska Stat. §15.56.100 | Yes. Not specified | Not required if employee has two consecutive hours available while polls are open at beginning or end of shift | Paid | No | No | |
| Arizona Ariz. Rev. Stat. § 16-402 | Yes; up to 3 hours off between work and non-work time. | Not required if employee has three consecutive hours available while polls are open at beginning or end of shift | Paid | Yes; at least one day before the election | No | Employer can decide when hours off are taken. Supervisors face fines of up to $2,500 if they block someone from voting, and the company itself can be fined as much as $20,000. |
| Arkansas Ark. Code Ann. 7-1-102 | Yes; employer must schedule work hours so employee has time to vote | Unpaid | No | No | ||
| California Cal. Elec. Code § 14000 | Yes; up to 2 hours at beginning or end of shift. | Yes (up to 2 hours) | Yes; 2 working days before election | No | Beginning or end of shift; depends on which gives employee most time to vote and takes least time off work. The California Elections Code also requires employers to post a notice no less than 10 days before every statewide election explaining employees’ right to time off to vote. The notice must be posted in a conspicuous place at the work site. | |
| State | Time Off Required? | Exceptions? | Time Off Paid or Unpaid? | Advance Notice Required? | Proof of Voting Required? | Notes? |
| Colorado Colo. Rev. Stat. § 1-7-102 | Yes; up to 2 hours. | Not required if employee has three non-work hours available while polls are open | Paid, up to 2 hours. | No | No | Employer may decide when hours are taken, but if employee requests, must allow employee to take time at beginning or end of shift. Companies who bar a worker from voting could lose their corporate charter. |
| Connecticut | No laws require companies to give workers time off to vote. | |||||
| Delaware Del. Code Ann. tit. 15, § 1479 | No laws require companies to give workers time off to vote. Employee who has accrued vacation time and is not in a “critical need” position may serve as an election officer without reprisal by the employer. | |||||
| District of Columbia | No laws require companies to give workers time off to vote. | |||||
| Florida Title IX, Ch. 104, § 104.081 | No laws require companies to give workers time off to vote. But workers can’t be disciplined or fired based on how they vote. | |||||
| State | Time Off Required? | Exceptions? | Time Off Paid or Unpaid? | Advance Notice Required? | Proof of Voting Required? | Notes? |
| Georgia Ga. Code Ann. § 21-2-404 | Yes; as much as necessary, up to 2 hours | Unpaid | Employee must provide reasonable notice. | No | Employer may decide when hours are taken. No penalties or jail time if employers don’t follow the law. | |
| Hawaii Haw. Rev. Stat. § 11-95 | Yes; 2 consecutive hours. Employer cannot change employee’s regular work schedule. | Not required if employee has 2 consecutive non-work hours available while polls are open. | Paid | No | Yes. Employee must show voter’s receipt, or employer can deduct hours off from pay. | Meal or rest breaks excluded from 2-hour calculation. |
| Idaho | No laws require companies to give workers time off to vote. | |||||
| Illinois 10 Ill. Comp. Stat. §§ 5/7-42; 5/17-15 | Yes; 2 hours. | Employer may decide when hours are taken except that employer must permit a 2-hour absence during working hours if employee’s working hours begin less than 2 hours after opening of polls and end less than 2 hours before closing of polls. | Paid | Yes, one day in advance for general or state election. | No | Employer may decide when hours are taken. Employer must give consent (for primary). |
| Indiana | No laws require companies to give workers time off to vote. | |||||
| State | Time Off Required? | Exceptions? | Time Off Paid or Unpaid? | Advance Notice Required? | Proof of Voting Required? | Notes? |
| Iowa Iowa Code § 49.109 | Yes; as much time as will add up to 3 hours, when combined with non-work time | Not required if employee has three consecutive non-work hours available while polls are open. | Paid | Yes, in writing prior to the election | No | Employer may decide when hours are taken. |
| Kansas Kan. Stat. Ann § 25-418 | Yes; 2 hours or as much time as will add up to 2 hours, when combined with non-work time | Not required if employee has 2 consecutive non-work hours available while polls are open. | Paid | No | No | Employer may decide when hours are taken, but not during a regular meal break. |
| Kentucky Ky. Rev. Stat. Ann. § 118.035 | Yes; “reasonable time,” but not less than 4 hours | Unpaid | Yes; 1 day | Employee who takes time off but does not vote is subject to disciplinary action | Employer may decide when hours are taken | |
| Louisiana La. Rev. Stat. Ann. §23:961 | No laws require companies to give workers time off to vote. But employers of 20 or more employees can’t interfere with their employees’ “political activities or affiliations.” | |||||
| Maine | No laws require companies to give workers time off to vote. | |||||
| State | Time Off Required? | Exceptions? | Time Off Paid or Unpaid? | Advance Notice Required? | Proof of Voting Required? | Notes? |
| Maryland Md. Code 1957 Art. 33 § 10-315 | Yes; 2 hours | Not required if employee has 2 consecutive non-work hours available while polls are open. | Paid | Yes | Yes; also includes attempting to vote. Must use state board of elections form. | |
| Massachusetts Mass. Gen. Laws ch. 149, §178 | Yes, first 2 hours that polls are open | Unpaid | Employee must apply for leave of absence (no time specified). | No | Applies to workers in manufacturing, mechanical or retail industries. | |
| Michigan | No laws require companies to give workers time off to vote. | |||||
| Minnesota Minn Stat. Ann. § 204C.04 | May be absent during the morning of election day | Paid | No | No | ||
| Mississippi Miss. Code Ann § 23-15-871 | No specific laws regarding time off to vote, an employer can’t increase or decrease a worker’s pay based on whom they vote for. | |||||
| State | Time Off Required? | Exceptions? | Time Off Paid or Unpaid? | Advance Notice Required? | Proof of Voting Required? | Notes? |
| Missouri Mo. Rev. Stat § 115.639 | Yes, 3 hours | Not required if employee has 3 consecutive non-work hours available while polls are open. | Paid, but employee must vote | Yes, “prior to the day of election” | Employee must actually vote to be paid. | Employer may decide when hours are taken. |
| Montana | No laws require companies to give workers time off to vote. | |||||
| Nebraska Neb. Rev. Stat. § 32-922 | Yes, as much time as will add up to 2 hours, when combined with non-work time | Not required if employee has two consecutive non-work hours available while polls are open. | Paid | Yes, prior to or on election day | No | Employer may decide when hours are taken. |
| Nevada Nev. Rev. Stat. Ann § 293.463 | If it is not practical to vote before or after work, employee may take time off based on distance from polling place | Not required if sufficient time during non-work hours available while polls are open. | Paid | Yes, prior to election day | No | Employee who lives less than 2 miles from polling place may take one hour; 2-10 miles, 2 hours; over 10 miles, 3 hours. |
| New Jersey N.J. Stat. Ann § 19:34-27 | No laws require companies to give workers time off to vote. But employers cannot influence or intimidate employees to vote for or against a particular candidate. | |||||
| State | Time Off Required? | Exceptions? | Time Off Paid or Unpaid? | Advance Notice Required? | Proof of Voting Required? | Notes? |
| New Mexico N.M. Stat. Ann. § 1-12-42 | Yes; 2 hours | Not required if employee’s workday begins more than 2 hours after polls open or ends more than 3 hours before polls close. | Paid | No | No | Includes Indian national, tribal and pueblo elections |
| New York N.Y. Elec. Law § 3-110 | Yes; as much time at beginning or end of shift as will give employee time to vote, when combined with non-work time | Not required if employee has 4 consecutive non-work hours available at beginning or end of shift while polls are open. | Paid, up to 2 hours | Yes, not more than 10 or less than 2 working days before the election. | No | Employer may decide hours. Companies who bar a worker from voting could lose their corporate charter. Conspicuous notice of voting rights must be posted not less than ten working days before every election. |
| North Carolina Ch. 163, SubchapterVIII, Art. 22, § 163-274 | No laws require companies to give workers time off to vote. But employers cannot discharge or threaten workers based on how they vote or don’t vote. | |||||
| North Dakota N.D. Cent. Code § 16.1-1-02.1 | Employers encouraged to give employees time off to vote when regular work schedule conflicts with times polls are open | Unpaid | No | No | ||
| Ohio Ohio Rev. Code Ann. § 3599.06 | Yes; “reasonable time” | Paid only for salaried employees | No | No | Employer can’t refuse to let employee serve as an election official on Election Day. | |
| State | Time Off Required? | Exceptions? | Time Off Paid or Unpaid? | Advance Notice Required? | Proof of Voting Required? | Notes? |
| Oklahoma Okla. Stat. Ann. tit. 26, § 7-101 | Yes; 2 hours, unless employee lives so far from polling place that more time is needed. | Not required if employee’s workday begins more than 3 hours after polls open or ends more than 3 hours before polls close. | Paid | Orally or in writing one day before the election | Yes | Employer may decide when hours are taken or may change employee’s schedule to give employee non-work time to vote. |
| Oregon | No laws require companies to give workers time off to vote. | |||||
| Pennsylvania 25 Pa. Cons. Stat. Ann. § 3547 | No laws require companies to give workers time off to vote. But employers cannot threaten or intimidate employees to influence their political opinions or actions. | |||||
| Puerto Rico | Day is an official government holiday | |||||
| Rhode Island R.I. Gen. Laws § 17-23-6 | No laws require companies to give workers time off to vote. But employers cannot put information in pay envelopes or post information designed to influence employees’ political actions. | |||||
| State | Time Off Required? | Exceptions? | Time Off Paid or Unpaid? | Advance Notice Required? | Proof of Voting Required? | Notes? |
| South Carolina S.C. Code Ann. § 16-17-560 | No laws require companies to give workers time off to vote. But employers cannot discharge a worker because of political opinions or the exercise of political rights and privileges. | |||||
| South Dakota S.D. Codified Laws Ann. § 12-3-5 | Yes; 2 consecutive hours | Not required if employee has two consecutive non-work hours available while polls are open. | Paid | No | No | Employer may decide when hours are taken |
| Tennessee Tenn. Code Ann. § 2-1-106 | Yes; reasonable time up to 3 hours | Not required if employee’s workday begins more than 3 hours after polls open or ends more than 3 hours before polls close. | Paid | Yes, before noon on Election Day | No | |
| Texas Tex. Elec. Code Ann. § 276.004 | Employer may not refuse to allow employee to take time off, but no time limit specified | Not required if employee has 2 consecutive non-work hours available while polls are open. | Paid | No | No | |
| Utah Utah Code Ann. § 20A-3-103 | Yes; 2 hours at beginning or end of shift. | Not required if employee has at least 3 non-work hours available while polls are open. | Paid | Yes, before Election Day | No | Employer may decide when hours are taken |
| State | Time Off Required? | Exceptions? | Time Off Paid or Unpaid? | Advance Notice Required? | Proof of Voting Required? | Notes? |
| Vermont | No laws require companies to give workers time off to vote. | |||||
| Virginia Va. Code Ann.§ 24.2-700 | No laws require companies to give workers time off to vote. But employees working and commuting for 11 hours of the 13 hours polls are open may vote by absentee ballot. | |||||
| Washington Wash. Rev. Code Ann. § 49.28.120 | No laws require employers to give workers time off to vote. However, no person, including an employer, can attempt to influence any person to withhold his or her vote. | |||||
| West Virginia W. Va. Code § 3-1-42 | Yes; up to 3 hours | Not required if employee has at least 3 non-work hours available while polls are open. | Paid (if employee votes) | Written request at least three days before election | Employee must actually vote to be paid. | Employers in health, transportation, communication, production and processing facilities may change employee’s schedule so that time off doesn’t impair essential functions, but must allow employee sufficient and convenient time off to vote |
| Wisconsin Wis. Stat. Ann. § 6.76 | Yes; up to 3 consecutive hours. | Unpaid | Yes, before Election Day | No | Employer may decide when hours are taken | |
| State | Time Off Required? | Exceptions? | Time Off Paid or Unpaid? | Advance Notice Required? | Proof of Voting Required? | Notes? |
| Wyoming Wyo. Stat. § 22-2-111 | Yes; 1 hour, other than a meal break | Not required if employee has at least 3 consecutive non-work hours available while polls are open. | Paid (if employee votes) | No | Employee must actually vote to be paid. |