Voting Leave Requirements by State

States around the country have varying voting leave laws businesses must comply with for elections. We’ve compiled a list to simplify it for businesses, and encourage our clients to create a ticket in our Ask an Attorney Portal for additional guidance.

• Alabama: If an employee provides reasonable notice, the employer must provide up to one hour of time to vote. However, if the shift starts or ends two hours before or after the polls open , an employer does not need to provide leave. The law does not specify whether it needs to be paid.
• Alaska: Employees are entitled for paid time to vote. If the shift starts two hours after polls open, or ends two hours before polls close, the employer does not need to provide voting leave.
• Arizona: Employers must provide paid leave of up to 3 hours to employees who provide advance notice before election day. If the shift starts three hours after polls open, or ends three hours before polls close, the employer does not need to provide voting leave.
• Arkansas: Employers are required to schedule employee’s work hours to allow them the time to vote on election day.
• California: Employees can receive up to two hours of paid leave to vote at the beginning or end of the shift. Employees must provide at least two day’s notice to the employer.
• Colorado: Employees can receive up to two paid hours of leave without advance notice. It is not required if an employee has three consecutive hours available while the polls are open.
• Connecticut: No Law.
• Delaware: No Law.
• District of Columbia: No Law.
• Florida: No Law.
• Georgia: Employers must provide up to two hours of unpaid leave for employees to vote. Employees must provide reasonable notice, and employers can decide when the employees can vote.
• Hawaii: Employers must provide two consecutive hours of paid leave and cannot change the employees schedule. It is not required if an employee has two consecutive hours available while the polls are open.
• Idaho: No Law.
• Illinois: Employers must provide two hours of paid leave to employees. Employees must provide one day of advance notice to employer, and the employer can decide when the hours of leave are taken.
• Indiana: No Law
• Iowa: Employees can receive up to three hours of paid voting leave if they provide written advance notice. It is not required if an employee has three consecutive hours available while the polls are open, and the employer can decide when the hours are taken.
• Kansas: Employees can receive up to two hours of paid leave without advance notice, however the employer can decide when the leave is taken, but cannot be during a regular meal break. It is not required if an employee has two consecutive hours available while the polls are open.
• Kentucky: Employees may take up to 4 hours of unpaid time to vote if they provide one day of advanced notice to employer. Employers may decide when the hours are taken.
• Louisiana: No voting leave law, however employers with 20 or more employees must not interfere with their employees’ “political activities or affiliations.”
• Maine: No Law
• Maryland: Employees can receive two hours of paid time to voted if they provide advanced notice and proof that they voted. It is not required if an employee has two consecutive hours available while the polls are open.
• Massachusetts: Employees can take unpaid leave in the first two hours that the polls are open. Employees must apply for leave of absence to vote.
• Michigan: No Law.
• Minnesota: Employees can take paid leave the morning polls are open to vote.
• Mississippi: No Law.
• Missouri: Employees can take three hours of paid leave to vote, but must show proof to be paid. Employers may also decide when the employee takes leave. It is not required if an employee has three consecutive hours available while the polls are open.
• Montana: No Law.
• Nebraska: Employees can take up to two hours of paid leave if they provide advance notice. Employers may decide when the employee takes leave. It is not required if an employee has two consecutive hours available while the polls are open.
• Nevada: Employees can take paid leave to vote if not practical to vote before or after their shift with advanced notice. It’s not required for employers if there is sufficient time before or after their shift.
• New Jersey: No Law.
• New Mexico: Employees can take up to two hours of paid leave to vote. It is not required if their shift begins two hours after the polls open, or ends three hours before polls close.
• New York: Employers who provide advance notice can take up to two hours paid leave to vote. It is not required if an employee has four consecutive hours available while the polls are open.
• North Carolina: No Law.
• North Dakota: No Law.
• Ohio: Employers must provide ‘reasonable time’ for employees to vote. Only salaried employees are required to be paid.
• Oklahoma: Employers must provide two hours of paid leave (or more depending on distance from polling location), if the employee provides advance notice orally or in writing. It is not required if an employee has three consecutive hours available while the polls are open before or after the shift.
• Oregon: No Law.
• Pennsylvania: No Law.
• Rhode Island: No Law.
• South Carolina: No Law.
• South Dakota: Employers must provide two hours of paid leave to vote. It is not required if an employee has two consecutive hours available while the polls are open before or after their shift. Employers can decide when the leave is taken.
• Tennessee: Employers must provide up to three hours of paid leave, with advanced notice. It is not required if an employee has three consecutive hours available while the polls are open before or after their shift.
• Texas: Employers must provide paid leave to vote, but there is no time limit specified. It is not required if an employee has two consecutive hours available while the polls are open before or after the shift.
• Utah: Employers must provide two hours of paid leave to employees at the beginning or end of their shift with advanced notice. It is not required if an employee has three consecutive hours available while the polls are open.
• Vermont: No Law.
• Virginia: No Law.
• Washington: No Law.
• West Virginia: Employers must provide up to three hours of paid leave to employees who provide a written request at least three days prior to the election. To be paid, an employee must provide proof that they voted. It is not required if an employee has three consecutive hours available while the polls are open.
• Wisconsin: Employees are entitled to up to three hours of unpaid leave if they provide advanced notice. The employer is able to decide when the hours are taken.
• Wyoming: Employers must provide one hour of paid leave other than a meal break. The employee must provide proof that they voted to be paid. It is not required if an employee has three consecutive hours available while the polls are open.