As Election Day 2025 approaches, HR professionals should take time to review their organization’s policies on employee voting leave. While there is no federal law requiring employers to provide time off to vote, many states have enacted their own rules to make sure employees have the opportunity to cast their ballots. These laws vary widely in terms of whether time off must be paid, how much advance notice is required, and whether employers must post notices about voting rights.
Paid vs. Unpaid Leave
Some states require paid leave for employees who cannot reasonably vote outside of work hours. For example, California, New York, Illinois, and Colorado mandate paid time off to vote in certain circumstances. Other states, such as Alabama, Georgia, and Wisconsin, allow unpaid leave. In every case, employers should confirm whether paid or unpaid time off applies in the state where each employee works.
“Sufficient Time” to Vote
Several states define eligibility based on whether an employee already has enough time to vote outside their work schedule.
- Texas: Time off is required only if the employee does not have two consecutive nonworking hours while polls are open.
- Arizona: If fewer than three consecutive nonworking hours are available, employees may take up to three paid hours to vote.
- Colorado: Employees must be given up to two paid hours if they do not have three consecutive nonworking hours during polling hours.
Advance Notice and Scheduling
Many states require employees to notify their employer before Election Day. Illinois and Tennessee, for example, require advance notice, while other states—such as Georgia—do not. In most states, employers can determine when during the day the leave will be taken, typically at the beginning or end of a shift to minimize business disruption.
Posting and Communication
Some states have posting requirements. California requires employers to display a “Time Off to Vote” notice at least 10 days before Election Day. New York and the District of Columbia also require conspicuous postings or electronic distribution for remote employees. HR teams should review state-specific posting rules and make sure all notices are visible to both on-site and remote staff.
Protection Against Retaliation
Nearly every state that provides voting leave also prohibits employers from disciplining, firing, or reducing pay for employees who lawfully take time off to vote. In states such as Ohio, Colorado, and New York, these protections are clearly stated in law.
Key HR Takeaways
- Confirm state-specific obligations – Review laws in every state where employees work.
- Update policies before elections – Conduct annual compliance reviews, as laws can change.
- Include remote staff – Voting-leave laws are based on the employee’s work location, not company headquarters.
- Promote participation – Supporting employee voting rights builds trust and reinforces your organization’s commitment to civic engagement.
Summary of State Voting Leave Laws
|
State |
Leave Requirement |
Paid or Unpaid |
Notes / Conditions |
|
Alabama |
Up to 1 hour |
Unpaid |
Reasonable notice; only if less than 2 hours outside work to vote. |
|
Alaska |
As needed |
Paid |
If employee lacks 2 consecutive hours outside work. |
|
Arizona |
Up to 3 hours |
Paid |
If fewer than 3 nonworking hours; advance notice required. |
|
Arkansas |
Schedule adjustment |
— |
Employer must schedule work hours to allow time to vote. |
|
California |
Up to 2 hours |
Paid |
2-day notice; at start or end of shift; posting required. |
|
Colorado |
Up to 2 hours |
Paid |
If fewer than 3 nonworking hours; request before Election Day. |
|
Georgia |
Up to 2 hours |
Unpaid |
Only if work prevents 2 consecutive hours to vote. |
|
Hawaii |
Up to 2 hours |
Paid |
If fewer than 2 consecutive nonworking hours. |
|
Illinois |
Up to 2 hours |
Paid |
Request before Election Day; applies if insufficient time outside work. |
|
Iowa |
Up to 3 hours |
Paid |
Written request required; taken at start or end of shift. |
|
Kansas |
Up to 2 hours |
Paid |
If fewer than 2 consecutive hours outside work; employer may set timing. |
|
Kentucky |
At least 4 hours |
Unpaid |
Reasonable time; advance notice required. |
|
Maryland |
Up to 2 hours |
Paid |
If fewer than 2 consecutive nonworking hours. |
|
Massachusetts |
Up to 2 hours |
Unpaid |
Applies to manufacturing, mechanical, and retail workers only. |
|
Minnesota |
As needed |
Paid |
Must allow sufficient time to vote without loss of pay. |
|
Missouri |
Up to 3 hours |
Paid |
Advance notice required; employer may set timing. |
|
Nebraska |
Up to 2 hours |
Paid |
If fewer than 2 nonworking hours; request before Election Day. |
|
Nevada |
1–3 hours |
Paid |
Based on distance to polls; apply before Election Day. |
|
New Mexico |
Up to 2 hours |
Paid |
If fewer than 2 consecutive nonworking hours to vote. |
|
New York |
Up to 2 hours |
Paid |
If fewer than 4 consecutive nonworking hours; 2-day notice; posting required. |
|
Ohio |
Reasonable time |
Unpaid |
No penalty or retaliation allowed. |
|
Oklahoma |
Up to 2 hours |
Paid |
Prior notice required; employer may set timing. |
|
South Dakota |
Up to 2 hours |
Paid |
If work prevents 2 consecutive nonworking hours to vote. |
|
Tennessee |
Up to 3 hours |
Paid |
Request before noon the day prior; only if insufficient time outside work. |
|
Texas |
Reasonable time |
Paid |
Not required if employee has 2 free hours outside work. |
|
Utah |
Up to 2 hours |
Paid |
If fewer than 3 consecutive nonworking hours. |
|
District of Columbia |
Up to 2 hours |
Paid |
Posting and electronic notice required; applies to remote staff. |
|
West Virginia |
Up to 3 hours |
Paid |
Must be requested at least 3 days in advance. |
|
Wisconsin |
Up to 3 hours |
Unpaid |
Request prior to Election Day; employer may set timing. |
|
Wyoming |
Up to 1 hour |
Paid |
If work prevents 3 consecutive nonworking hours to vote. |
Bottom line:
Election laws differ by state, and compliance is based on the employee’s work location. Reviewing and updating policies before Election Day helps employers stay compliant while supporting employees’ right to participate in the democratic process.
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This article is for informational purposes only and is not intended as legal, tax, or benefits advice. Readers should not rely on this information for taking (or not taking) any action relating to employment, compliance, or benefits. Always consult with a qualified professional before making decisions based on this content.
