Are You Required to Let Your Employees Vote?
A majority of states now mandate that companies provide time for employees to cast their ballots.
While there are no federal laws requiring companies to give time off from work to vote, a majority of states do have rules designed to ensure employees can make it to the polls on Election Day.
Laws vary by state, but if polls are not open two or three hours outside employees' regular shifts, employers are generally required to provide them with reasonable time off to vote. Lunch and other rest periods may not be included as part of the time off for voting.
The state laws are designed to ensure employees are not disciplined or retaliated against for taking time off to vote. Many states also require that companies pay employees for time they are absent while voting.
Most states allow employers to specify the time of day employees may take off to vote. Generally, employers may require employees to request time off in advance of Election Day.
The National Federation of Independent Businesses, a Washington-based small-business lobby, has compiled a list of voting laws by state, which is summarized below:
If the polls open at least two hours before the employee starts work or close at least one hour after the employee ends work, the employer is not required to offer time off. Otherwise, employees are allowed time off not to exceed one hour.
Statute does not indicate whether time off is paid or unpaid.
If polls are not open two consecutive hours outside the employee's regular shift, the employee is allowed sufficient time off to vote.
Paid
If polls are not open three consecutive hours outside the employee's regular shift, the employee is allowed three hours to vote.
Paid
Employers must schedule sufficient time on election days so that employees may vote.
Statute does not indicate whether time off is paid or unpaid.
Employees are allowed two hours at the beginning or end of the regular working shift to vote.
Paid
If polls are not open three consecutive hours outside the employee's regular shift, the employee is allowed two hours to vote.
Paid
None
None
None
If polls are not open two consecutive hours outside the employee's regular shift, the employee is allowed two hours to vote.
Statute does not indicate whether time off is paid or unpaid.
If polls are not open two consecutive hours outside the employee's regular shift, the employee is allowed two hours to vote.
Paid, with proof that a vote is cast
None
Employees are allowed two hours to vote.
Unpaid
None
If polls are not open three consecutive hours outside the employee's regular shift, the employee is allowed three hours to vote.
Paid
Employees are allowed up to two hours to vote.
Paid
Employees are allowed up to four hours to vote.
Unpaid
None
None
If polls are not open two consecutive hours outside the employee's regular shift, the employee is allowed up to two hours to vote.
Paid with proof of voting
Voters employed in mechanical, manufacturing or mercantile businesses allowed time off during the first two hours after the polls have opened only if an application for absence has been submitted.
Statute does not indicate whether time off is paid or unpaid.
None
Employees allowed time off during the mornings of election days.
Paid
None
If polls are not open three consecutive hours outside the employee's regular shift, the employee is allowed up to three hours to vote if a request for time is made prior to Election Day. The employer may specify the time of day the employees may take time off to vote.
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