Election laws
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In the U.S., a majority of states have laws that require employers to give employees time off to vote, particularly in situations where an employee's work hours do not permit sufficient time to vote during poll hours. (There are no federal laws and regulations that require employers to give time-off for employees to vote.)
Even in states that do not require employees to provide time-off to vote, small businesses often encourage their employees to vote and many implement a voting policy that offers employees greater flexibility or privileges than what the law requires, according to the small business advocacy group, NFIB.
To accomdate all voters, many states have instituted extended periods of early voting and no-excuse absentee voting that allow all citizens to cast votes for several days or weeks, before the formal election day. Some states even offer weekend voting in order to provide maximum flexibility to those who wish to vote. (See "External Links" for a list maintained by the National Conference of State Legislatures.)
General rules for most states
- If polls are open two or three hours before or after employees' normal work hours, the employer is not obligated to provide time off to vote.
- Employers may require that employees provide written requests for time off to vote.
- Employers may designate when time off will be permitted for employees to vote.
- Employers may not include lunch periods as part of the voting time off permitted.
- Employees may be required to provide proof they voted to receive paid leave.
- Employees may not be disciplined or retaliated against for taking time off to vote.
State-by-state requirements
Alabama
Employees can have up to one hour if they give their employer reasonable notice; employer may designate the time when employee can leave to vote; if the employee's shifts starts two hours after the polls open or ends one hour before the polls close, the employer does not have to give leave.
Alaska
Employer must give paid time unless the employee has two consecutive hours before or after work to vote; no notice is required.
Arizona
Employer must give paid time unless the employee has three consecutive hours before or after work to vote; employee must give one day notice; employer can choose when employee leaves to vote.
Arkansas
Employer should arrange employees work schedule so employee has time to vote.
California
Employer must allow time unless employee has two hours before or after shift to vote; employee must give two working days notice.
Colorado
Employer must give up to two paid hours to vote if the employee does not have three consecutive hours to vote.
Connecticut
No law requiring employee time off to vote.
Delaware
If the employee has vacation time and the employer is not in critical need of the employee, the employer shall not deprive the employee of the time off.
District of Columbia
No law requiring employee time off to vote.
Florida
Employer cannot fire an employee for voting; otherwise no law requiring time off.
Georgia
Employees can take up to two hours paid leave; employer can decide when employee can leave to vote.
Hawaii
Employees can have up to two paid hours, unless the employee has two consecutive hours to vote outside work hours; employee must show proof to be paid.
Idaho
No law requiring employee time off to vote.
Illinois
Employees can have up to two hours unpaid leave; employees must give one day notice; employer can decide when employee may leave to vote.
Indiana
No law requiring employee time off to vote.
Iowa
Employee may have paid leave, unless employee has three consecutive hours to vote outside work; employee must give written notice; employer can designate time employee can leave to vote.
Kansas
Employee can have up to two hours paid leave, unless the employee has two consecutive hours to vote outside work hours; employer may choose the time employee may leave to vote.
Kentucky
Employee may have a “reasonable time” up to four hours unpaid to vote; employee must give one day notice; employer may designate when employee may take leave to vote; employer may punish employee who takes leave but does not vote.
Louisiana
No law requiring employee time off to vote. An employer with more than 20 employees cannot forbid their participation in politics.
Maine
No law requiring employee time off to vote.
Maryland
Employee may have two hours paid leave; employee must provide proof he or she voted to receive pay for time.
Massachusetts
Employees in manufacturing, mechanical, or mercantile jobs may apply for leave in the first two hours polls are open.
Michigan
No law requiring employee time off to vote.
Minnesota
Employee may have paid time off to vote in the morning.
Mississippi
No law requiring employee time off to vote.
Missouri
Employees may have up to three paid hours to vote, unless the employee has three consecutive hours outside work to vote; the employee must vote to be paid for time; employer can designate the time employee may leave to vote.
Montana
No law requiring employee time off to vote.
Nebraska
Employee may have two paid hours, unless employee has two consecutive hours outside of work to vote; employee must give notice; employer may designate when employee may leave to vote.
Nevada
Employee may take paid leave to vote if it is not practical to vote before or after work; employee must give notice; if the employee lives less than two miles from the polling place, the employee may have one hour; if the employees lives between two and ten miles from the polling place, he or she may have two hours; if the employee lives more than ten miles from the polling place, he or she may have three hours.
New Hampshire
No law requiring employee time off to vote.
New Jersey
No law requiring employee time off to vote.
New Mexico
Employee may have up to two hours, unless shift begins more than two hours after polls open or ends more than three hours before polls close.
New York
If employee does not have sufficient time to vote, he or she may take up to two paid hours, unless he or she has four consecutive non-work hours prior to or after shift when polls are open; employee must give notice of at least two days, but not more than ten days, before the election; employers must post notice of these provision not less than ten working days before the election.
North Carolina
No law requiring employee time off to vote.
North Dakota
Encourages employers to allow employees time off to vote if regularly scheduled to work while polls are open.
Ohio
Employee allowed “reasonable amount of time” to vote.
Oklahoma
Employee may have up to two hours, or more if employee lives far away from polling place, unless employee shift starts more than three hours after polls open or ends more than three hours before polls close; employee must give one day notice; employer may designate time employee may leave to vote.
Oregon
No law requiring employee time off to vote.
Pennsylvania
No law requiring employee time off to vote.
Rhode Island
No law requiring employee time off to vote.
South Carolina
No law requiring employee time off to vote.
South Dakota
Employee may take up to two paid hours, unless employee has two consecutive non-working hours; employer may designate when employee leaves to vote.
Tennessee
Employee is allowed a reasonable time up to three hours, unless shift starts three hours after the polls open or shift ends three hours before polls close; notice must be given by 12 p.m. the day prior to the election.
Texas
Employer may not refuse to allow employee time to vote, although no time limit is specified, unless employee has two consecutive hours of non-work time while polls are open.
Utah
Employee may take up to two hours at the beginning or end of his or her shift, unless employee has three consecutive non-work hours; employee must give notice; employer can decide when time taken to vote.
Vermont
No law requiring employee time off to vote.
Virginia
No law requiring employee time off to vote. Employers may not fire or charge sick or vacation leave for employees who serve as election officers, provided the employee gave reasonable notice.
Washington
Employer must arrange employees' schedule to allow sufficient time to vote, unless employee has two consecutive non-work hours while polls are open.
West Virginia
Employee may have up to three paid hours to vote, unless employee has three consecutive non-work hours while polls are open; leave is paid only if employee votes; employee must give three days notice. If the employee works in essential government, health, hospital, transportation, communication services, or is in an industry requiring continuous operations, the employer may specify the time off for an employee to vote.
Wisconsin
Employee may have up to three unpaid hours; employee must give notice; employer may designate when employee may take leave.
Wyoming
Employee may have one hour paid leave, unless employee has three consecutive non-work hours while polls are open; leave is paid only if employee votes.
See also
External links
- NFIB Small Business Legal Center - Information on voting day requirements.
- Early voting information - Listing of states that offer early voting and "no excuse" absentee voting. Source: National Conference of State Legislatures.
