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Key Takeaways
- Election Day is 36 days away.
- Make sure your organization is in compliance with relevant voting leave regulations.
- Coordinating vote absences and encouraging early voting can help minimize election-related disruption to your productivity.
ARTICLE | The Employers’ Guide to Voting Leave Regulation and Early Voting
Election Day is Tuesday, November 5th, which is just 5 weeks away as of this posting.
That leaves just 26 business days not only to make sure your organization is up-to-date with state and local election rules governing employee voting leave requirements, but also to communicate and coordinate your Election Day plans with employees in order to ensure the minimal disruption to your workflow.
Below, we have compiled a list of relevant voting regulations by state as well as information about early voting that you can also share with employees and potentially reduce the number of absences concentrated on Election Day, as well.
The process of early voting has already begun in many places and will soon begin in many more, so let’s get to it.
Alabama: Employees in Alabama that begin work less than 2 hours after polls open or end work less than 1 hour before polls are entitled to 1 hour of voting leave if they give reasonable notice. There is no early voting in Alabama.
Alaska: For employees that don’t already have at least 2 consecutive hours off duty when the polls are open on Election Day, employers are required to provide paid voting leave and allow as much time off as is reasonably necessary for employees to vote. The early voting window can differ in different districts but 15 days prior to Election Day is the norm.
Arizona: Employers in Arizona must provide employees with up to 3 hours of paid leave if they do not already have 3 hours in row when they are not scheduled to work on Election Day during when the polls are open. Employees must apply for voting leave in advance of Election Day, and employers can specify the hours on Election Day when employee’s utilize their voting leave, and employees. The early voting period in Arizona is different in different areas but begins about 15 days before Election Day in most districts.
Arkansas: In Arkansas, employers are required to adjust employee’s work schedules on Election Day in order to enable employees to vote. Early voting will begin 15 days prior to Election Day.
California: Employees who give their employer at least 2 working days notice of their intent to take time off work in order to vote are allowed up to 2 hours of paid voting leave at either the beginning or end of a shift, which combined with voting hours before/after the shift provide sufficient time for an employee to vote. Although there is some variation from one county to the next, in general early voting in California begins 29 days before Election Day.
Colorado: Employees that request voting leave and who do not already have 3 consecutive non-working hours during which the polls are open are entitled to paid voting leave. Employees can request that leave be at either the beginning or end of their shift, but employers can determine when leave is granted. Early voting begins in-person 15 days before Election Day in general, though there may be some variance between counties.
Connecticut: There are currently no voting leave rules in place in Connecticut as the last law regulating that issue expired in June 2024 and has not yet been replaced. Early voting begins 15 days prior to Election Day.
Delaware: Employers in Delaware are not required to provide employees with voting leave. Early voting begins 10 days before Election Day.
Florida: Florida law does not require employers to provide employees with voting leave. Early voting schedules can differ from one county to another but early voting in Florida typically begins at least 10 days in advance of Election Day.
Georgia: Employees in Georgia are entitled by law to up to 2 hours of voting leave that can be used on Election Day or before via in-person early voting. That leave can be unpaid except for employees who can’t have their pay decreased due to absence from the job. Early voting begins the fourth Monday before Election Day, which is October 14th this cycle.
Hawaii: Elections in Hawaii are conducted by mail, and all registered voters should receive mail-in ballots automatically about 18 days in advance of Election Day. Voters can also turn in ballots or vote in person at service centers beginning 10 days prior to election day.
Idaho: There are no laws or regulations in Idaho that require employers to provide voting leave to employees. Some Idaho counties allow no early voting at all, but for the counties that do allow early voting, it begins the third Monday in advance of the election, which is October 21st this cycle.
Illinois: Employers are required to provide employees with up to 2 hours of paid voting leave if an employee doesn’t already have 2 consecutive hours of non-working time when the polls are open. Employers can use their discretion as to when the voting leave is exercised, and employees must apply for voting leave in advance of Election Day. Early voting in Illinois begins 40 days before Election Day.
Indiana: Indiana has no rules with regard to voting leave for employees. Early voting in Indiana begins 28 days before the election.
Iowa: Employees who request voting leave in writing in advance of Election Day are entitled to 3 consecutive hours of paid voting leave, assuming that there is not already a period of 3 consecutive non working hours when the polls are open. Employers, however, can set the time during which employees are allowed to exercise their voting leave. In-person absentee voting in Iowa starts 20 days prior to Election Day.
Kansas: Kansas law ensures that employees have at least 2 consecutive hours while the polls are open that they are not required to work. If the polls are open before or after an employee’s shift but for less than 2 consecutive hours, employers are required to provide complementary paid voting leave sufficient to amount to 2 consecutive hours when combined with the pre or post-shift open poll hours. Other than lunch hours, employers can also set when the voting leave is utilized. Early voting varies by country and begins up to 20 days prior to Election Day.
Kentucky: Employers in Kentucky must give employees up to 4 hours of leave that can be used either to cast a ballot on Election Day or to apply for an absentee ballot. To qualify, however, employees must request voting leave at least one day before they intend to utilize it, but employers can set the hours during which that voting leave is available on a given day and can penalize in certain cases employees who utilize voting leave but fail to actually vote. Early voting in Kentucky starts 5 days before the election.
Louisiana: There are no laws in Louisiana that require employers to provide voting leave to employees. Early voting in Louisiana starts 18 days before Election Day this cycle.
Maine: Employers in Maine are not required to provide employees with voting leave. In-person absentee voting in Maine begins 30 days prior to Election Day.
Maryland: In Maryland, employers are required to allow employees up to 2 hours of paid voting leave if an employee does not have at least 2 consecutive hours before or after their shift when polls are open. Employers, however, are allowed to require employees to submit a form that the state will provide as proof that they either voted or tried to vote if they utilized that voting leave. Early voting in Maryland opens two Thursdays prior to Election Day, which is October 24th this cycle.
Massachusetts: In Massachusetts, the only industries in which employers are required to provide employees with voting leave are the mercantile, manufacturing, and mechanical industries. Employers in those industries must provide employees with 2 hours of voting leave, while there are no voting leave requirements made of employers in other industries. Early voting starts 17 days in advance of Election Day.
Michigan: Michigan has no rules requiring employers to provide employees with voting leave. Early voting begins the second Saturday prior to Election Day, which falls on October 27th this cycle.
Minnesota: Employers in Minnesota must provide employees with paid leave for as long as necessary to enable employees to vote and return to work. In-person absentee voting begins 46 days before Election Day.
Mississippi: No laws or regulations in Mississippi require employers to provide employees with voting leave, but Mississippi law does state that employers can’t take any adverse action against employees because they voted (or chose not to vote). Eligible absentee voters can begin casting their ballots 45 days before Election Day.
Missouri: Unless there are 3 consecutive non-working hours when the polls are open already, employers in Missouri are required to provide employees with at least 3 hours in a row of paid voting leave. Employers, however, can require that employees who wish to exercise their voting leave apply to do so in advance of Election Day, and employers can choose when that voting leave is utilized. Beginning the second Tuesday before Election Day, which is October 22nd this cycle, Missouri offers in-person absentee voting in locations designated by local election county election officials.
Montana: Employers in Montana have no duty to provide employees with voting leave. In-person absentee voting in Montana begins 30 days prior to the election.
Nebraska: For employees that don’t already have at least 2 consecutive hours off when the polls are open on Election Day, employers must provide up to 2 hours of paid voting leave at a time of the employer’s choosing if the employee requests voting leave either on or before Election Day. If an employee exercises voting leave without requesting it, however, it may be possible for that voting leave to be unpaid. Early voting begins 30 days before the election in Nebraska.
Nevada: Nevada employers must provide employees for whom it would be impractical to vote before or after work with paid voting leave - 1 hour of paid voting leave for employees who must travel 2 or fewer miles to vote, 3 hours of paid voting leave for employees who must travel more than 10 miles to vote, and 2 hours of paid voting leave for all other employees. Employers can determine the window during which that voting leave is exercised, and they can require that employees apply for voting leave in advance of election day as well. Early voting starts 17 days before Election Day.
New Hampshire: Employers in New Hampshire are not required to provide voting leave to employees. New Hampshire offers neither early voting nor in-person, no-excuse absentee voting.
New Jersey: There are no New Jersey laws requiring employers to provide employees with voting leave. Early voting begins 10 days before Election Day.
New Mexico: If polls are not open for at least 2 hours in a row before an employee’s shift or for at least 3 hours in a row after an employee’s shift, then that employee is entitled to 2 hours of paid voting leave, although employers can set when that leave is utilized. Early voting opens 28 days before Election Day.
New York: Employees in New York who do not have 4 consecutive hours before or after their shift when the polls are open are entitled to 2 hours of paid voting leave. Employers, however, can specify if the voting leave is utilized at the beginning or end of the scheduled work period, or at another time agreed upon by both the employer and employee. Early voting begins 10 days before Election Day.
North Carolina: While North Carolina employers are not required to offer voting leave, employers that discharge employees for taking leave to vote may be in violation of rules prohibiting wrongful discharge. Early voting in North Carolina begins no sooner than 3 Thursdays prior to Election Day.
North Dakota: Employers in North Dakota are not required to provide employees with voting leave. Early voting schedules can differ by county but early voting tends to begin at least 15 days prior to Election Day.
Ohio: Employers in Ohio must give employees a reasonable length of time off work on Election Day so that they may vote. Early voting in Ohio begins on the first business day that occurs 29 days before the election or less.
Oklahoma: Employees who don’t have at least 3 consecutive non-working hours when the polls are open before or after their shift are entitled to two hours of voting leave and potentially additional time beyond those 2 hours if distance to the voting site requires it. Employees must request voting leave at least one day before Election Day, but employers can set the day and hours during which employees can exercise their voting leave. Early voting this cycle begins the Wednesday before Election Day, which is October 30th.
Oregon: Employers in Oregon are not required to provide voting leave to employees, and Oregon does not have early voting in a traditional sense since Oregon elections are conducted largely through mail-in ballots.
Pennsylvania: There are no requirements that Pennsylvania employers provide voters with voting leave. There is no statewide early voting, either, but some Pennsylvania counties allow voters to fill out absentee and mail-in ballots in person beginning 50 days before the election.
Rhode Island: There are no rules in Rhode Islands that require employers to provide employees with voting leave. Early voting begins 20 days prior to Election Day.
South Carolina: Employers in South Carolina are not permitted to terminate employees as a result of exercising their voting rights, but there are no other rules with regard to voting leave. Early voting begins 15 days before Election Day.
South Dakota: Under South Dakota law, employees that don’t already have 2 consecutive non-working hours when the polls are open either before or after their shift are entitled to 2 hours of paid voting leave. Employers, however, can choose when the hours during which voting leave is utilized. In-person absentee voting begins 46 days prior to Election Day.
Tennessee: Employers are required to provide up to 3 hours of paid voting leave to employees if they don’t have 3 consecutive hours when polls are open either before or after their shifts. Employer’s may demand that employees request voting leave by noon on the day before Election Day and may also set the hours during which an employee utilizes their voting leave. Early voting in Tennessee begins 20 days before Election Day.
Texas: Employers in Texas must provide employees with at least 2 consecutive hours in which to vote if that employee doesn’t already have 2 consecutive hours off duty on Election Day when the polls are open. Early voting begins 17 days before the election if it’s a business day and if not, the next business day.
Utah: If an employee’s work shift on Election Day doesn’t allow for at least 3 consecutive off-duty hours when the polls are open and that employee requests voting leave before Election Day, employers are required to provide up to 2 hours of paid leave. Early voting in Utah begins 2 weeks prior to Election Day.
Vermont: There are no rules on the books requiring employers in Vermont to provide any employee voting leave, although state law does require employers to give employees unpaid leave to attend annual Town Hall Meetings if employees provide 7 days notice in advance. Vermont opens early voting from 45 days prior to the election until the day before Election Day.
Virginia: The only laws on the books in Virginia requiring employers to provide employees with election-related leave apply only to employees who are working as election officials. In-person absentee voting in Virginia begins 45 days before Election Day.
Washington: Washington has no state laws or regulations that require employers to provide employees with voting leave. Early voting in Washington begins 18 days before the election.
West Virginia: Employees in West Virginia are entitled to up to 3 hours of voting leave unless those employees already have 3 consecutive non-working hours when polls are open. Employers, however, can demand that employees submit applications for voting leave at least 3 days in advance of Election Day. Early voting begins 13 days before Election Day
Wisconsin: Employers in Wisconsin must provide their employees with up to 3 hours of unpaid voting leave during the hours of the employer’s choosing to any employee that provides at least 1 day of notice. Early voting in Wisconsin begins no sooner than 2 weeks before Election Day.
Wyoming: For employees who do not have at least 3 hours in a row outside of their work shift when the polls are open, employers must provide at least 1 hour of paid leave, although employers are allowed to determine when that voting leave is utilized within the shift. In-person absentee voting starts 28 days before the election.
Mployer’s Take
If the election process is not already underway in your area, it will be very soon.
Employers seeking to minimize election-related confusion and disruption should be proactive in coordinating absences, communicating plans, and ensuring that disruptions in workflow and productivity are kept to an absolute minimum.
For the next 5 weeks, uncertainty about the outcome of the elections is an unfortunate inevitability, but there is no need for or benefit from uncertainty about how your organization will manage employees as they exercise their voting rights.
Clear expectations surrounding voting leave policy for both employers and employees best serves the interests of both parties.
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