Voting Leave Laws Across the United States

As the days begin to draw near to the November 5th, 2025, Presidential election there are a few housekeeping items employers need to keep in mind to ensure that employees can exercise their vote and make an appearance at the polls (if they choose). This typically involves making accommodations for voting time before, during, or after work. Many states have laws protecting the right to vote in person. Since federal elections occur only every four years, it’s important to review the relevant requirements, noting that rules may vary for primary, general, and special elections.

Let’s break it down by state on what is required on election days.

Which States Offer Paid Voting Leave?

Alaska:

All employers must provide employees with enough paid time off to vote if the polls are not open for at least two consecutive hours before or after the employee’s regular shift. Employees should be provided with as much time as is reasonably necessary.

Arizona:

Employers must provide up to three hours of paid time off to vote if the polls are not open for at least three consecutive hours before or after an employee’s shift. However, if employees have three consecutive hours available before or after work to vote, time off may be denied. Employers can specify the hours for absences, and employees must request voting leave before Election Day.

California:

Employers must give up to two hours of paid time off to vote if the employee does not have enough time to vote outside of working hours. Employees need to request this time off at least two working days in advance. Employers can restrict the time off to the beginning or end of an employee’s shift. Employers must also post the Time Off to Vote notice regarding employees’ voting leave rights at least 10 days before the election.

Colorado:

Employers must provide employees with up to two hours of paid time off when the polls are open to allow employees to vote, unless there are three or more nonworking hours between the opening and closing of the polls. Employers may specify the hours the employee may be absent, but the specified hours must be at the beginning or end of the work shift, if the employee so requests. Leave time must be requested prior to Election Day.

Illinois:

Employees are entitled up to two hours of paid leave if their working hours prevent them from voting due to starting work less than two hours after the polls open or ending work less than two hours before polls close. Employers may specify the hours in which an employee is absent for voting. Notice of leave time must be provided prior to Election Day.

Iowa:

Employers must allow paid time off to vote if an employee does not have three consecutive non-working hours during polling times. Employees must request leave in writing beforehand. Employers may designate the period of time during which the employee may take time off.

Kansas:

Employers must provide up to two consecutive hours of paid leave for employees to vote while the polls are open. If the polls are open for less than two consecutive hours before or after work, employees can take time off to ensure their total time away does not exceed two hours. Employers can determine when employees may be absent to vote, excluding the regular lunch period.

Maryland:

Employers must provide up to two hours of paid leave if the employee does not have sufficient time to vote outside of working hours. Employers can require employees provide proof of voting or attempting to vote by a form provided by the State Board of Elections.

Minnesota:

Employers must provide employees with paid leave to vote. The leave must be as long as necessary for the employee to vote and return to work.

Missouri:

Employers must provide up to three hours of paid leave if an employee does not have three consecutive non-working hours during polling times. Employers may require employees to apply for voting leave before Election Day and they may specify the three hours employees may be absent. Employees must notify employers of the need to take time off to vote before Election Day.

Nebraska:

Employees are entitled to two hours of paid leave if they do not have two consecutive non-working hours to vote. Employers may specify the hours an employee may be absent.

Nevada:

If it would not be practical to vote before or after work, employers must provide employees with the following sufficient time off to vote:

One hour for employees who must travel two miles or less.
Two hours for employees who must travel more than two miles but not more than 10 miles.
Three hours for employees who must travel more than 10 miles.

Employers may specify the hours employees may be absent, and the employer may require employees to apply for voting leave before Election Day.

New Mexico:

Employers must provide employees two hours of paid leave to vote if the polls are not open at least two consecutive hours before or three consecutive hours after the employee’s shift. Employees are not required to give advance notice. Employers can decide when employee take voting leave during their work shift.

New York:

Employees are eligible for up to two hours of paid time off to vote if they lack sufficient time outside their scheduled hours. “Sufficient time” means four consecutive hours either before their shift starts or after it ends. Employers can require that the time off be taken at the beginning or end of the shift, or at a mutually agreed time. Employees must provide at least 10 days’ notice to qualify for this leave, and employers must post a notice about voting leave rights at least 10 days before the election.

Oklahoma:

Employers must provide employees with two hours of paid leave to vote if the polls are not open at least three consecutive hours before or after the employee’s shift if an employee requests voting leave at least one day before the election. Employees should be allowed additional time if necessary due to the distance of the polling place. Employers may select the days and hours employees are allowed to attend elections.

South Dakota:

Employers must provide employees with two hours of paid leave to vote if the polls are not open at least two consecutive hours before or after the employee’s shift. Employers can decide when the employee takes voting leave during their work shift.

Tennessee:

Employers must provide employees with up to three hours of paid leave to vote if the polls are not open for three consecutive hours before or after the employee’s shift. Employers may decide when employees take voting leave during their work shift. Employers may require employees to provide notice of the need for voting leave by noon the day before the election.

Texas:

Employers must provide employees with paid leave to vote if the polls are not open at least two consecutive hours before or after the employee’s shift.

Utah:

Employees are entitled to up to two hours of paid leave to vote if the polls aren’t open for at least three consecutive hours outside of their work shift. The employer decides when during the shift the leave occurs. However, if the employee requests leave at the start or end of the shift, the employer must honor that request.

Washington D.C.:

Employees are entitled to take at least 2 hours of paid time off to vote. The employer may specify the hours for the employee’s absence and may require the employee to request the leave a reasonable time in advance. Employers must also post the Time Off to Vote notice regarding employees’ voting leave rights at least 60 days before the election.

West Virginia:

Employers must provide employees up to three hours of paid time off to vote, unless there are three consecutive nonworking hours during the time the polls are open. Employers may require employees apply for voting leave in writing at least three days before the election.

Wyoming:

Employers must provide employees one hour of paid leave to vote if the polls are not open at least three consecutive hours before or after the employee’s shift. Employers can decide when employees take voting leave during their work shift as long as the polls are open.

Which States Offer Only Unpaid Leave for Voting?

Alabama:

Employees are required to allow an employee up to one hour of leave time for voting, however the time is unpaid. Employers may choose when the employee can leave work to vote. Time off to vote can be denied if the employee starts work at least two hours after the polls open or ends working hours with at least one hour before polls close.

Arkansas:

Employers must schedule employee work hours, so employees have an opportunity to vote

Georgia:

Employees may take time off work to vote on days that are designated for advance in-person voting or on the day of an election. Employees have up to two hours to vote regardless of their work schedule. Voting leave may be unpaid, though exempt employees cannot have their pay reduced for the absence.

Kentucky:

Employees must be allowed a reasonable, unpaid time off to vote or apply for an absentee ballot. The leave should not be less than four hours between the opening and closing of the polls. Employers may specify the hours during which the employee may be absent, and the employee must apply for leave prior to the day of the election.

Massachusetts:

Employers who are in the manufacturing, mechanical and mercantile industry are required to provide employees who apply for a leave of absence with 2 hours of unpaid time off after the polls open. All other employers are not required to provide voting leave.

Ohio:

Employers must allow for a reasonable time off work to vote.

Wisconsin:

Employers must provide employees up to three consecutive hours of voting leave on Election Day. An employee must provide notice of their intended absence before Election Day. Employers can designate the time period for the leave, as long as the polls are open.

Which States Do Not Have Voting Leave Laws?

Connecticut, Delaware, Florida, Hawaii (only offers mail in voting, do not vote in person), Idaho, Indiana, Louisiana, Maine, Michigan, Mississippi, Montana, New Hampshire, New Jersey, North Carolina, North Dakota, Oregon, Pennsylvania, Rhode Island, South Carolina, Vermont, and Washington.

Some states protect employees who volunteer as election judges, allowing them to request leave. These states include Alabama, Connecticut, Delaware, Illinois, Minnesota, Missouri, Nebraska, North Carolina, Ohio, Tennessee, Virginia, and Wisconsin.

Keep in mind, many states do offer early voting. If this is an option, you may want to extend the same amount of leave time to employees who would be okay with casting their ballot at an earlier day if you believe staffing issues may occur. However, it cannot be required to make employees take advantage of early voting.

Ensure your company is prepared for any absence related to voting. Update your employee handbook with a clear leave policy. Plus, implement a reliable timekeeping system to streamline record keeping, minimize paperwork, and stay compliant with legal requirements.

Ready to invest in your HR compliance? Reach out to our SHRM-certified team today and let us assist your business in preventing legal disputes.

Common FAQs Employers Have About Paid Leave for Voting Rights

Here are some FAQs from employers regarding paid leave for voting rights:

Are employers required to provide paid leave for voting?

This varies by state. Some states mandate paid leave for employees to vote, while others require only unpaid leave or no leave at all. Check your state’s laws.

How much time off do I need to give employees for voting?

Time off typically ranges from one to three hours, depending on the state. The employee must usually prove that they are unable to vote outside of working hours.

Can I request proof that an employee voted?

Some states allow employers to request proof of voting, but this varies. Employers should check local laws before making this request.

Can I refuse time off for voting if the employee has sufficient time outside of work?

Yes, in many states, if the employee has sufficient time to vote outside of working hours, they may not be entitled to time off. Check your state’s specific requirements.

Do I need to post a notice about voting leave rights?

Some states require employers to post notices about employees’ rights to voting leave. Verify whether this applies in your state to ensure compliance.