Although federal law doesn't require you to give employees time off to vote, most states do. Each state has its own set of mandates relating to time off to vote. You may be required to pay employees for the time they take off to vote. On the other hand, you may be free to specify when during the day, time off may be taken. The rules vary from state to state, so consult the map, below.
If you're in one of the states that mandate time off to vote, providing this benefit isn't optional. But even if you have the choice, seriously consider giving employees time off to vote. The cost to you is generally minimal.
Select a state from the map below to get information on requirements relating to providing employees with time off to vote: |
Time Off to Vote in Alaska choose another state |
In Alaska, if a qualified voter does not have sufficient time outside of working hours within which to vote at a state election, that individual may take time off to vote. Paid time off rules. Time off to vote in Alaska is time off without loss of pay. Amount of time off allowed. An employee may take off as much working time as required to vote. When time off not allowed. If an employee has two consecutive hours in which to vote, between either the opening of the polls and the beginning of the employee's regular working shift or the end of the working shift and the closing of the polls, the employee is deemed to have sufficient time outside of working hours within which to vote. |
Time Off to Vote in Alabama choose another state |
Effective April 25, 2006, Alabama law provides that employees shall, upon reasonable notice to employers, be permitted to take time off from work, up to one hour, in order to vote in any municipal, county, state, or federal political party primary or election for which the employee is qualified and registered to vote. Time off to vote rules do not apply if an employee's work hours commence at least two hours after the opening of the polls or end at least one hour prior to the closing of the polls. The employer may specify the hours during which the employee is allowed time off to vote. |
Time Off to Vote in Arkansas choose another state |
Each employer in Arkansas must schedule work hours on election days so that each employee will have an opportunity to vote. Employer Penalty for Violation. Fine of $25 to $250. |
Time Off to Vote in Arizona choose another state |
In Arizona, employees who are entitled to vote at a primary or general election are granted time off to vote if the polls are open fewer than three hours prior to work starting time or close fewer than three hours after quitting time. Paid time off rules. In Arizona, time off to vote is granted, with pay. Amount of time off allowed. The length of time granted depends upon the difference between work starting or quitting times and the times when the polls open or close (maximum three hours). The employer may specify when the employee may take time off. Employer Penalty for Violation. Fine up to $2,500, jail up to 6 months; for corporations, fine up to $20,000. |
Time Off to Vote in California choose another state |
If a voter in California does not have sufficient time to vote at a statewide election outside of working hours, the voter may take time off to vote. Paid time off rules. Up to two hours of time off to vote is paid time off. Advance notice requirements. The employer must be given two working days' notice of the need for time off in which to vote. Amount of time off allowed. An employee may take enough time off from work that will, when added to voting time outside working hours, enable the person to vote; however, no more than two hours may be taken without loss of pay and time off may only be taken at the beginning or end of the employee's regular work shift, whichever allows the most free time for voting and the least time off from the shift unless otherwise mutually agreed. Posting requirements. Provisions of the voting law must be posted in a conspicuous place no fewer than 10 days prior to a statewide election. |
Time Off to Vote in Colorado choose another state |
Colorado employees, private and public, who are entitled to vote at a general election may take time off work to vote. Paid time off rules. Up to two hours may be take off to vote without loss of wages. Advance notice requirements. The employee must apply for leave of absence prior to election day, and the employer may designate the hours that employees may take off to vote, but the designated hours must be at the beginning or ending of a workshift if the employee so requests. When time off not allowed. These provisions are inapplicable if the employee has three hours on election day between the opening and closing of polls during which he or she is not working. Employer Penalty for Violation. Fine of up to $1,000 and/or jail up to 1 year; corporations also face forfeit of charter and right to do business in state. |
Time Off to Vote in Connecticut choose another state |
Connecticut has no law on providing employees time off to vote. |
Time Off to Vote in District of Columbia choose another state |
The District of Columbia has no law on providing employees with time off to vote. |
Time Off to Vote in Delaware choose another state |
Delaware has no law on providing employees with time off to vote. |
Time Off to Vote in Florida choose another state |
Florida has no law on providing employees time off to vote. |
Time Off to Vote in Georgia choose another state |
In Georgia, when an employee gives reasonable notice, the employer is required to permit the employee to take time off. Municipal, county, state, or federal political party primaries and elections are covered by the time off to vote requirements. Amount of time off allowed. An employee may take up to two hours off to vote. The employer may specify the hours the employee may be absent to vote. When time off not allowed. Employees are not entitled to time off if the employee's workday begins at least two hours after the polls open or ends at least two hours before they close. |
Time Off to Vote in Hawaii choose another state |
Any voter in Hawaii is entitled to time between the opening and closing of the polls to vote. Paid time off rules. Pay deductions and imposition of any penalty for taking time off to vote are not permitted, provided the employee casts a ballot. Amount of time off allowed. An employee may take not more than two hours off to vote, excluding lunch or rest periods. Rescheduling of normal work hours is prohibited if an employee is lawfully absent for purposes of voting. When time off not allowed. If an employee has two consecutive hours of nonworking time to vote (excluding lunch or rest periods) during the time the polls are open, the time off to vote requirements do not apply. Employer Penalty for Violation. Fine of $50 to $300. |
Time Off to Vote in Iowa choose another state |
In Iowa, any person entitled to vote at a state election who does not have three consecutive nonworking hours to vote while the polls are open is entitled to take time off from work. The employee may not be penalized for taking time off to vote. Paid time off rules. No deduction from an employee's regular salary or wages may be made for time taken off to vote. Advance notice requirements. The employee who needs time off to vote must request the time off individually and in writing prior to election day. The employer will designate the period of time during which the employee may take time off to vote. Amount of time off allowed. An employee may take the amount of time off that, when added to that person's nonworking time when the polls are open, will equal three consecutive hours. Employer Penalty for Violation. Fine of $50 to $100 or jail up to 30 days. |
Time Off to Vote in Idaho choose another state |
Idaho has no law on providing employees time off to vote. |
Time Off to Vote in Illinois choose another state |
Effective August 22, 2005, in Illinois, any person entitled to vote in a general or special election or at any election at which propositions are submitted to a popular vote in Illinois is entitled to take a paid leave of absence from work for a period of two hours between the time the polls open and close. Employers are prohibited from subjecting employees to any penalty, including any reduction in compensation, due to taking a leave of absence in order to vote. Advance notice requirements. An employee taking time off to vote may not be penalized in any way, so long as a request for time off to vote is made prior to election day. Amount of time off allowed. The employer may specify the hours during which employees may take time off to vote, except that the employer must allow a leave of two hours during working hours if the employee's work hours begin less than two hours after the opening of the polls and end less than two hours from closing of the polls. |
Time Off to Vote in Indiana choose another state |
Indiana has no law on providing employees time off to vote. |
Time Off to Vote in Kansas choose another state |
Any person entitled to vote at a county election in Kansas may be absent from work to vote on election day. An employee who takes time off work to vote may not be penalized for the time taken. Paid time off rules. No deductions may be made from an employee's usual salary or wages because the employee takes time off to vote. Amount of time off allowed. An employee may take off up to two consecutive hours between the time the polls open and when they close to vote. If, however, the polls are open before or after work, but for less than two consecutive hours, the employee may only take off an amount of work that, when added to the time the polls are open before or after work, will not exceed two hours. The employer may specify the time of day when employees may take time off to vote, but the specified time may not include any time during the employees' regular lunch period. Employer Penalty for Violation. Fine up to $2,500 and/or jail up to 1 year. |
Time Off to Vote in Kentucky choose another state |
Any person entitled to vote at any election in Kentucky is entitled to take time off to vote. No one who takes a reasonable amount of time off to vote may be penalized unless the person takes time off to vote and then, under circumstances that did not prevent the person from voting, does not cast a vote. Taking voting leave without casting a vote may subject an employee to disciplinary action. Paid time off rules. Employees need not be paid for time taken off to vote. Advance notice requirements. Before an employee is entitled to time off to vote a request for time off must be made prior to the election day. The employer may specify the hours during which employees may be absent to vote. Amount of time off allowed. An employee must be given a reasonable amount of time off, but not less than four hours. |
Time Off to Vote in Louisiana choose another state |
Louisiana has no law on providing employees time off to vote. |
Time Off to Vote in Massachusetts choose another state |
Special rule. Massachusetts employees in manufacturing, mechanical, and mercantile establishments are not permitted to work during the two-hour period after polls are open if an application for absence during that period is made. There are no provisions in the law as to salary or pay. Advance notice requirements. An application for absence for the voting period must be made. Employer Penalty for Violation. Fine up to $500. |
Time Off to Vote in Maryland choose another state |
At every election held in Maryland, every employer must allow employees who are registered voters time off to vote if the employee does not otherwise have two hours of continuous off-duty time during the time the polls are open to vote. The law does not apply to employees voting by absentee ballot. Paid time off rules. Time off to vote is with pay; however, employees must provide the employer with proof that they have voted. A form indicating that an individual has voted may be obtained from the election judges upon request. Amount of time off allowed. An employee is entitle to up to two hours off to vote. |
Time Off to Vote in Maine choose another state |
Maine has no law on providing employees time off to vote. |
Time Off to Vote in Michigan choose another state |
Michigan has no law on providing employees time off to vote. |
Time Off to Vote in Minnesota choose another state |
Minnesota employees are entitled to take time off to vote during the morning of a regularly scheduled state primary or general election, of an election to fill a vacancy in the U.S. Congress or in the office of state senator or state representative or of a presidential primary, unless the election is conducted by mail, without penalty. Paid time off rules. Time off to vote is time off without deduction from wages. Employer Penalty for Violation. Fine up to $700 and/or jail up to 90 days. |
Time Off to Vote in Missouri choose another state |
Any person entitled to vote at any election in Missouri is entitled to take time off to vote on election day between the time the polls open and when they close. Employers are not permitted to discharge or threaten to discharge employees for taking time off to vote and the employee may not be subject to any penalty or discipline for taking time off to vote. Paid time off rules. If an employee takes time off and does vote, no deductions may be made from the employee's usual salary or wages. Advance notice requirements. Request for time off to vote must be made prior to the election day. Amount of time off allowed. An employee may take up to three hours off to vote. When time off not allowed. Time off to vote need not be provided if the polls are open for three successive hours when the employee is not at work. The employer may specify any three hours between the time the polls open and when they close during which employees may take time off to vote. Employer Penalty for Violation. Fine of up to $2,500 and/or 1 year in jail. |
Time Off to Vote in Mississippi choose another state |
Employers must allow employees to take leave for the amount of time necessary to vote. |
Time Off to Vote in Montana choose another state |
Montana has no law on providing employees time off to vote. |
Time Off to Vote in North Carolina choose another state |
North Carolina has no law on providing employees time off to vote. |
Time Off to Vote in North Dakota choose another state |
Employers must grant an employee who is a qualified voter enough time off work to vote when an employee's regular work schedule conflicts with voting during times when polls are open. |
Time Off to Vote in Nebraska choose another state |
Any person who is entitled to vote at any election in Nebraska who does not have two consecutive nonwork hours to vote on an election day while the polls are open is entitled to take time off work to vote. Employees taking time off to vote are not liable for any penalty for taking the time off. Paid time off rules. No deduction may be made from an employee's usual wages or salary because of the time taken off to vote. Advance notice requirements. The employee must request time off to vote prior to the election day. Employers may specify when during the working day employees may take time off to vote. Amount of time off allowed. The employee may take an amount of time off that, when added to nonworking time, will provide two consecutive hours to vote. |
Time Off to Vote in New Hampshire choose another state |
New Hampshire has no law on providing employees time off to vote. |
Time Off to Vote in New Jersey choose another state |
New Jersey has no law on providing employees time off to vote. However, employers are prohibited from making use or threatening to make use of force, violence or restraint, or inflicting or threatening to inflict injury, damage, harm or loss against any employee in order to induce or compel an employee to vote or refrain from voting for any particular candidate, or because an employee voted or refrained from voting for any particular candidate at any election. |
Time Off to Vote in New Mexico choose another state |
On election day, any voter in New Mexico may take time off work during the time the polls are open to vote. The employee who takes time off to vote is not liable for any penalty for taking time off to vote. The employer may specify the hours during the workday when employees may take time off to vote. These rules also apply to elections of Indian nations, tribes or pueblos for a voter enrolled as a member of the Indian nation, tribe or pueblo and who is qualified to vote in the election. Amount of time off allowed. Employees are allowed up to two hours off to vote. When time off not allowed. Time off to vote need not be given if the employee's workday begins more than two hours after the polls open or ends more than three hours before the polls close. Employer Penalty for Violation. Fine of $50 to $100. |
Time Off to Vote in Nevada choose another state |
Employees in Nevada are entitled to a sufficient period of time off to vote, without penalty, if there is not sufficient time outside working hours when the polls are open. Paid time off rules. No deduction may be made from an employee's wages for taking time off to vote. Advance notice requirements. Before being entitled to take time off to vote an employee must make proper application prior to election day. The time when employees may be absent to vote may be designated by the employer. Amount of time off allowed. The length of time off permitted is determined by the distance from the employee's place of employment to his or her polling place: one hour if two miles or less; two hours if between two and 10 miles; and three hours if more than 10 miles. Employer Penalty for Violation. Fine up to $1,000 and/or jail up to 6 months. |
Time Off to Vote in New York choose another state |
If a registered voter in New York does not have sufficient time outside of working hours to vote at any election, that person may take off the amount of working time that, when added to voting time outside working hours, will allow enough time to vote. Paid time off rules. Of the time taken off to vote, up to two hours may be taken without loss of pay. Time off to vote must be taken at the beginning or end of the person's work shift unless otherwise mutually agreed upon between the employee and employer. Advance notice requirements. An employee who needs time off to vote shall notify the employer no more than 10 nor less than two working days before election day that time off is required. Amount of time off allowed. Of the time taken off to vote, up to two hours may be taken without loss of pay. When time off not allowed. If an employee has four consecutive nonworking hours when the polls are open, the employee has sufficient time outside of work to vote. Posting requirements. Not less than 10 working days before every election, every employer must post a notice setting forth the provisions of the time-off-to-vote law in a conspicuous place. The notice must remain posted until the polls close on election day. Employer Penalty for Violation. Fine of $100 to $500 and/or jail up to 1 year (first offense). Corporations also face forfeiture of charter. |
Time Off to Vote in Ohio choose another state |
In Ohio, it is unlawful to discharge an employee or threaten to discharge an employee because the employee takes off a reasonable time to vote on an election day. Paid time off rules. The Ohio Attorney General has construed the time off to vote law to require that pay for voting time is limited to salaried employees. Employer Penalty for Violation. Discharge or threat of discharge prohibited; fine of $50 to $500. |
Time Off to Vote in Oklahoma choose another state |
Every employer in Oklahoma must allow its registered voters time off to vote on election day, during the time when the polls are open. The law does not apply to school board or bond elections. Paid time off rules. Upon presenting proof of voting, an employee may not be subject to any loss of compensation or penalty for being absent to vote. Advance notice requirements. No employee is entitled to time off to vote unless the employee notifies the employer the day before the election, orally or in writing, of his or her intention to be absent. The employer may select the time that employees may be absent to vote and must inform the employees of the hours that have been selected. Amount of time off allowed. An employee is permitted up to two hours off to vote. If an employee votes in a location whose distance from the place of employment will require more than two hours to vote and get to work, that employee must be given a sufficient amount of time off to vote. When time off not allowed. The time-off-to-vote law does not apply to any employee whose workday begins three or more hours after the polls open or ends three hours or more before the polls close. The employer may change the work hours to give employees three hours before or after work to vote. Employer Penalty for Violation. Fine of $50 to $100. |
Time Off to Vote in Oregon choose another state |
Oregon has no law on providing employees time off to vote. |
Time Off to Vote in Pennsylvania choose another state |
Pennsylvania has no law on providing employees time off to vote. |
Time Off to Vote in Puerto Rico choose another state |
The day a general election, a referendum of general interest, or a plebiscite is held is a legal holiday in Puerto Rico. Employees, whether of Puerto Rico or of any person or private entity, must not be prevented from voting in such elections, if duly registered. |
Time Off to Vote in Rhode Island choose another state |
Rhode Island has no law on providing employees time off to vote. |
Time Off to Vote in South Carolina choose another state |
South Carolina has no law on providing employees time off to vote. |
Time Off to Vote in South Dakota choose another state |
Any person entitled to vote in any election held in South Dakota, including a primary election, is entitled to be absent from work on election day between the time the polls open and when they close, if the person does not have a period of two consecutive hours during the time the polls are open in which he or she is not required to be at work. An employee who takes time off to vote is not liable to any penalty for being absent to vote. Paid time off rules. No deduction may be made from an employee's usual salary or wages because time has been taken off to vote. The employer may specify when employees may be absent to vote. Employer Penalty for Violation. Fine up to $200 and/or jail up to 30 days. |
Time Off to Vote in Tennessee choose another state |
In Tennessee, an employee may be absent for a reasonable time without penalty to vote during the time the polls are open in the county where the employee resides. The employee may not be discharged for exercising or failing to exercise the right to vote. Paid time off rules. Time off to vote is time off without loss of wages. Advance notice requirements. An application for leave must be made by noon on the day prior to the election. The employer may specify the hours of absence. Amount of time off allowed. Employees are permitted to be absent from work for up to three hours to vote. When time off not allowed. If an employee's working hours begin three hours after the opening or end three hours before the closing of the polls, the time off to vote law does not apply. |
Time Off to Vote in Texas choose another state |
In Texas, employers must give employees the privilege of attending the polls without penalty. Paid time off rules. No deductions may be made from the wages of an employee who takes time off to vote. When time off not allowed. If the polls are open for voting for two consecutive hours outside of the voter's working hours, time off to vote need not be provided. Employer Penalty for Violation. Fine up to $500. |
Time Off to Vote in Utah choose another state |
Any person entitled to vote in a general election in Utah may be absent from work on election day while the polls are open. Taking time off to vote is not sufficient reason for an employee to be discharged. In addition, an employee who takes time off to vote is not liable for any penalty. All elections are covered by the law; special, general, municipal and school elections, and primary elections in cities of the first class (those having 100,000 or more inhabitants) and cities of the second class (those with less than 100,000 but more than 60,000 inhabitants). Paid time off rules. Employers must provide employees up to two hours off with pay between the time the polls open and when they close, unless the employee has at least three nonworking hours during the time the polls are open. Advance notice requirements. To be free from discharge or penalty and be paid for time taken off to vote, an employee must apply for leave of absence prior to election day. The employer may specify the hours that employees may be absent to vote. Amount of time off allowed. Employees may take up to two hours off of work during the time the polls are open to vote. Employer Penalty for Violation. Fine up to $1,000 and/or jail up to 6 months; for corporations, fine up to $5,000. |
Time Off to Vote in Virginia choose another state |
Virginia has no law on providing employees time off to vote. Any person who serves as an officer of election can not be discharged from employment or have any adverse personnel action taken against him or her. The person can not be required to use sick leave or vacation time as a result of his or her absence from employment due to such service provided he or she gave reasonable notice to the employer of the service. In addition, a person who serves for four or more hours, including travel time, on his or her day of service, will not be required to start any work shift that begins on or after 5:00 p.m. on the day of service or begins before 3:00 a.m. on the day following service. |
Time Off to Vote in Virgin Islands choose another state |
No information available. |
Time Off to Vote in Vermont choose another state |
Vermont has no law on providing employees time off to vote. |
Time Off to Vote in Washington choose another state |
Every employer in Washington is required to arrange employee work time on the day of a primary election or election general or special so that each employee has a reasonable amount of time available for voting if the employee would not otherwise have two hours free (not including meal or rest breaks) to vote while the polls are open. Paid time off rules. If an employee must take time off to vote because there is not sufficient time to vote while the polls are open, such time off shall be paid. Amount of time off allowed. Employees who do not have two hours free to vote while the polls are open are entitled to up to two hours off for voting. When time off not allowed. Employees are only entitled to time off to vote if, during the period between the time the employee is apprised of his or her work schedule for a primary or election day and the date of the primary or election, there is not enough time for the employee to obtain an absentee ballot and if the employee would not otherwise have two hours to vote during the time the polls are open. |
Time Off to Vote in Wisconsin choose another state |
Any person in Wisconsin who is entitled to vote in an election may be absent from work while the polls are open. No penalty, other than a deduction for time lost, may be imposed on an employee for taking time off to vote. The law applies to all employers, including the state and all its political subdivisions. Advance notice requirements. The employee must notify the employer before election day of the intended absence. The employer may designate the time of day for the absence. Amount of time off allowed. An employee is permitted time off to vote for a period not to exceed three successive hours. |
Time Off to Vote in West Virginia choose another state |
In West Virginia an employer that has been given notice of the need for time off must give an employee sufficient time between the opening and closing of the polls to vote. Paid time off rules. Time off to vote is provided without a deduction from wages because of such absence. Advance notice requirements. Time off to vote is granted upon written demand made at least three days prior to election day. Amount of time off allowed. An employee is permitted up to three hours off to vote, if needed. When time off not allowed. An employee who has three or more hours of nonworking time while the polls are open and fails to vote is not entitled to pay during such absence from work. The employer may schedule ample and convenient time off when it is engaged in certain activities requiring continuity of operations. Employer Penalty for Violation. For corporations, fine up to $1,000; other employers/individuals, fine up to $500 and/or jail up to 6 months. |
Time Off to Vote in Wyoming choose another state |
In Wyoming, at the employer's convenience, the employee may be absent between the opening and closing of polls to vote. Paid time off rules. Time off to vote is time off without deduction from pay, provided the employee casts a vote. Amount of time off allowed. An employee is allowed to take up to one hour, outside of the employee's meal time, to vote. Employer Penalty for Violation. Fine up to $1,000 and/or county jail up to 6 months. |
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