Maintained • ExpandAlabama, Alaska, Arizona...Arkansas, California, Colorado, Georgia, Hawaii, Illinois, Iowa, Kansas, Kentucky, Maryland, Massachusetts, Minnesota, Missouri, Nebraska, Nevada, New Mexico, New York, North Dakota, Northern Mariana Islands, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, USA (National/Federal), Utah, West Virginia, Wisconsin, Wyoming |
State | Amount of Leave Required | Notice by Employee | Compensation | Exclusions and Other Provisions |
Alabama | Time "necessary" to vote, not exceeding one hour. Employer may specify the hours. (Ala. Code § 17-1-5.) | Employee must provide "reasonable" notice (Ala. Code § 17-1-5). | Not specified. | Employee is not entitled to leave if the workday begins at least two hours after the polls open, or ends at least one hour before the polls close (Ala. Code § 17-1-5). |
Alaska | Employer must allow sufficient time off to enable voting in state elections. The law does not specify the amount of time and whether employer may designate the hours. (Alaska Stat. Ann. §§ 15.15.100 and 15.25.090.) | Not specified. | Employee must be paid (Alaska Stat. Ann. § 15.15.100). | Employee is not entitled to leave if employee has sufficient time outside working hours to vote. Two consecutive hours before or after a shift, while the polls are open, is sufficient. (Alaska Stat. Ann. §§ 15.15.100 and 15.56.100(b).) Employer that disobeys this provision commits a violation (Alaska Stat. Ann. § 15.56.100(a), (c)). |
Arizona | Up to three consecutive hours at the beginning or end of employee's work shift. Employer may specify the hours. (A.R.S. § 16-402(A).) | Employee must apply for leave before election day (A.R.S. § 16-402(A)). | Leave must be paid (A.R.S. § 16-402(A)). | Employee is not entitled to leave if employee has three consecutive nonworking hours before or after a regular work shift while the polls are open (A.R.S. § 16-402(A)). Employer's violation of this provision is a class 2 misdemeanor (A.R.S. § 16-402(B)). |
Arkansas | Employer must schedule work hours to allow employees time to vote. The law does not specify the amount of leave time required. (Ark. Code Ann. § 7-1-102.) | Not specified. | Not specified. | Employers that fail to comply may be fined between $25 and $250 (Ark. Code Ann. § 7-1-102). |
California | Enough working time that will enable employee to vote when added to voting time available outside of working hours (Cal. Elec. Code § 14000(a)). Time off must be taken at the beginning or end of the regular shift, whichever allows the most time to vote and requires the least missed working time, unless otherwise mutually agreed (Cal. Elec. Code § 14000(b)). | Employee must provide at least two working days' notice before the election if, on the third working day before the election, employee knows or has reason to know he will need leave to be able to vote (Cal. Elec. Code § 14000(c)). | Employee must be paid, but any leave over two hours may be unpaid (Cal. Elec. Code § 14000(b)). | Employee who has sufficient nonworking time in which to vote is excluded (Cal. Elec. Code § 14000(a)). Employer must conspicuously post notice of voting leave policy at least ten days before every statewide election (Cal. Elec. Code § 14001). |
Colorado | Up to two hours of leave while the polls are open. Employer may specify the hours, but the hours must be at the beginning or end of the shift if employee requests this. (Colo. Rev. Stat. Ann.§§ 1-7-102(1) and 31-10-603(1).) | Employee must apply for leave before election day (Colo. Rev. Stat. Ann.§§ 1-7-102(1) and 31-10-603(1)). | Employee must be paid for up to two hours (Colo. Rev. Stat. Ann. §§ 1-7-102(1) and 31-10-603(1)). | Employee is not eligible for leave if employee has three or more nonworking hours while the polls are open (Colo. Rev. Stat. Ann.§§ 1-7-102(2) and 31-10-603(2)). Employer's violation of this provision is a misdemeanor (Colo. Rev. Stat. Ann. §§ 1-13-719(2) and 31-10-1522(2)). A corporation's violation will result in forfeiture of its charter and the right to do business in Colorado (Colo. Rev. Stat. Ann. § 1-13-719(2)). |
Connecticut | Up to two hours unpaid time off to vote during the employee's regularly scheduled work hours on the day of a regular state election. In the case of a special election for US Senator, US Representative, state senator, state representative, or judge of probate, up to two hours unpaid time off to vote for registered voters only until June 30, 2024. (Conn. Gen. Stat. § 31-57y). | Employee must request the unpaid time off at least two working days in advance of the election. | ||
Georgia | Necessary time off to vote, not exceeding two hours. Employer may specify the hours. (O.C.G.A. § 21-2-404.) | Employee must give reasonable notice (O.C.G.A. § 21-2-404). | Not specified. | Employer's violation is a misdemeanor (O.C.G.A. § 21-2-598). |
Illinois | Up to two hours while the polls are open. Employer may specify the hours. (10 ILCS 5/7-42 and 5/17-15.) | For leave for primary elections, employee requires employer consent (10 ILCS 5/7-42). For leave for a general or special election, employee must apply for leave before election day (10 ILCS 5/17-15). | Employee must be paid for voting in a general or special election (10 ILCS 5/17-15). Not specified for primary elections. | Employer must permit a two-hour absence for voting in a general or special election if a shift begins less than two hours after the polls open or ends less than two hours before the polls close (10 ILCS 5/17-15). Employer's violation of this section is a class A misdemeanor (10 ILCS 5/29-12). |
Iowa | An amount that, when added to employee's nonworking time, totals two consecutive hours while the polls are open. Employer specifies the hours. (Iowa Code Ann. § 49.109.) | Employee must apply individually and in writing before election day (Iowa Code Ann. § 49.109). | Employee must be paid (Iowa Code Ann. § 49.109). | Employee is not eligible for leave if employee has two consecutive nonworking hours to vote while the polls are open (Iowa Code Ann. § 49.109). Employer's violation of this provision is fourth-degree election misconduct, which is a simple misdemeanor (Iowa Code Ann. § 39A.5(1)(a)(1), (2)). |
Kansas | Up to two consecutive hours while the polls are open. Employer may specify the hours, except the specified time must not include the regular lunch period. (K.S.A. 25-418.) | Not specified. | Employee must be paid (K.S.A. 25-418). | If the polls are open before or after employee's shift, employee is only entitled to time off which, when added to the period of nonworking time when the polls are open, will not exceed two consecutive hours. Employer's violation of this provision is a class A misdemeanor. (K.S.A. 25-418.) |
Kentucky | Reasonable time, but not less than four hours while the polls are open. Reasonable time, but not less than four hours during the normal business hours of the office of the clerk if the employee appears before the clerk to apply for or execute an absentee ballot. Employer may specify the hours. (Ky. Const. § 148 and KRS § 118.035(2).) | Employee must apply for leave before election day or before the day the employee appears before the clerk to apply for or execute an absentee ballot (KRS § 118.035(2)). | Employee may not be penalized for taking leave (KRS § 118.035(3)). Prior statute requiring that leave be paid was held unconstitutional (Ill. Cent. R. Co. v. Commonwealth, 204 S.W.2d 973, 975 (Ky. 1947)). | Employee may be penalized and disciplined if employee takes voting leave but fails to vote (KRS § 118.035(3)). |
Maryland | Up to two hours (Md. Elec. Law § 10-315(a)). Law does not specify whether employer may designate the hours. | Not specified. | Employee must be paid (Md. Elec. Law § 10-315(b)). | Employee is not eligible if employee has two consecutive nonworking hours while the polls are open (Md. Elec. Law § 10-315(a)). Employee must furnish proof to employer that employee voted by submitting a state-prescribed form (Md. Elec. Law § 10-315(c)). |
Massachusetts | The first two hours after the polls open (M.G.L. c. 149, § 178). | Employee must apply for leave (M.G.L. c. 149, § 178). | Not specified. | Leave applies to employees of manufacturing, mechanical, or mercantile establishments (M.G.L. c. 149, § 180). Employer's violation of this provision may be subject to a fine up to $500 (M.G.L. c. 149 § 180). |
Minnesota | Time necessary to appear at polling place, cast a ballot, and return to work (Minn. Stat. Ann. § 204C.04, Subd. 1). Law does not specify whether employer may designate the hours. | Not specified. | Employee must be paid (Minn. Stat. Ann. § 204C.04, Subd. 1). | Employer's violation of this provision is a misdemeanor (Minn. Stat. Ann. § 204C.04, Subd. 3). |
Missouri | Up to three hours while the polls are open. Employer may specify the hours. (§ 115.639(1), RSMo.) | Employee must request leave before election day (§ 115.639(1), RSMo). | Employee must be paid (§ 115.639(1), RSMo). | Employee is excluded if employee has three successive nonworking hours while the polls are open (§ 115.639(1), RSMo). Employer's violation of this provision is a class four election offense (§ 115.639(2), RSMo). |
Nebraska | An amount that, when added to nonworking time, totals two consecutive hours while the polls are open. Employer may specify the hours. (Neb. Rev. St. § 32-922.) | Not specified. | If the employee applies for leave on or before election day, employee must be paid (Neb. Rev. St. § 32-922). | Employee is not eligible if employee has two consecutive nonworking hours during which the polls are open (Neb. Rev. St. § 32-922). |
Nevada | For a sufficient time to vote determined by distance between place of employment and polling place. If two miles or less, leave can be up to one hour. If more than two and not more than ten miles, leave can be up to two hours. If more than ten miles, leave can be up to three hours. Employer may designate the time of the absence. (NRS 293.463(1).) | Employee must apply to employer or authorized person for leave before election day (NRS 293.463(3)). | Employee must be paid (NRS 293.463(2)). | Employee is not eligible if it is practicable to vote before or after working hours (NRS 293.463(1)). Employer's violation of this provision is a misdemeanor (NRS 293.463(4)). |
New Mexico | Up to two hours while the polls are open. Employer may specify the hours. (NMSA 1978, § 1-12-42(A).) | Not specified. | Not specified, but employer may not impose any penalty on employee for taking leave (NMSA 1978, § 1-12-42(A)). | Employee is not eligible for leave if employee's workday begins more than two hours after the polls open or ends more than three hours before the polls close (NMSA 1978, § 1-12-42(B)). Employer's violation of this provision is a misdemeanor. Employer may be subject to a fine of between $50 and $100. (NMSA 1978, § 1-12-42(D).) |
New York | Up to two hours (N.Y. Elec. Law § 3-110(1)). Employer may designate that leave must be taken at the beginning or end of the work shift (N.Y. Elec. Law § 3-110(2)). | Employee must notify employer at least two days but no more than ten days before election day (N.Y. Elec. Law § 3-110(3)). | Employee must be paid for up to two hours (N.Y. Elec. Law § 3-110(1)). | Employee is not eligible for leave if the employee has four consecutive hours to vote between the opening of the polls and the beginning of the work shift or between the end of the work shift and the closing of the polls (N.Y. Elec. Law § 3-110(2)). Employer's violation of this provision is a misdemeanor, subjecting employer to a fine of between $100 and $500, imprisonment for up to one year, or both. (N.Y. Elec. Law §§ 17-118 and 17-166.) At least ten working days before every election, employers must conspicuously post a required notice in the workplace until the close of the polls on election day (N.Y. Elec. Law § 3-110(4)). |
North Dakota | Employers are encouraged to establish a program to provide time off to vote when employees' regular work schedule conflicts with voting during the time the polls are open (N.D.C.C. § 16.1-01-02.1). Law does not specify whether employer may designate the hours. | Not specified. | Not specified. | None specified. |
Ohio | A reasonable amount of time to vote on election day (Ohio R.C. 3599.06). Law does not specify whether employer may designate the hours. | Not specified. | Not specified, but employer may not discharge or threaten to discharge employee for taking leave (Ohio R.C. 3599.06). | Employer's violation of this provision may result in a fine of between $50 and $500 (Ohio R.C. 3599.06). |
Oklahoma | Two hours during the period when the election is open, but if due to distance from the voting place employee needs more than two hours to vote, employee must receive sufficient time to vote. Employer may specify the hours. (Okla. Stat. tit. 26, § 7-101.) | Employee must provide oral or written notice at least three days before the election (Okla. Stat. tit. 26, § 7-101). | Employee must be paid, but employer may require proof that a vote was cast (Okla. Stat. tit. 26, § 7-101). | Employee is excluded if shift begins three or more hours after the polls open or ends three or more hours before the polls close. Employer may change the work hours to allow the opportunity to vote three hours before the beginning or after the end of work. Employer's violation of this provision results in a civil penalty between $50 and $100. (Okla. Stat. tit. 26, § 7-101.) |
South Dakota | Two consecutive hours while the polls are open. Employer may specify the hours. (SDCL 12-3-5.) | Not specified. | Employee must be paid (SDCL 12-3-5). | Employee is not eligible for leave if employee has two consecutive nonworking hours during which the polls are open. Employer's violation of this provision is a class 2 misdemeanor. (SDCL 12-3-5.) |
Tennessee | A reasonable time period necessary to vote, but at most three hours during the time the polls are open (T.C.A. § 2-1-106(a)). Employer may specify the hours (T.C.A. § 2-1-106(d)). | Employee must apply for leave before 12:00 noon on the day before the election (T.C.A. § 2-1-106(d)). | Employee must be paid (T.C.A. § 2-1-106(b)). | Employee is excluded if employee's shift begins three or more hours after the opening of the polls or ends three or more hours before the closing of the polls (T.C.A. § 2-1-106(c)). |
Texas | Employer must permit absence from work for the purpose of voting (Tex. Elec. Code Ann. § 276.004(a)(1)). Does not specify the amount of time required or whether employer may designate the hours. | Not specified. | Employee must be paid (Tex. Elec. Code Ann. § 276.004(a)(2), (c)). | Employee is excluded if employee has two consecutive nonworking hours while the polls are open (Tex. Elec. Code Ann. § 276.004(b)). Employer's violation of this provision is a class C misdemeanor (Tex. Elec. Code Ann. § 276.004(d)). |
Utah | Up to two hours while the polls are open (Utah Code § 20A-3a-105(1)(a)). Employer may specify the hours, but must grant requests for leave to be taken at the beginning or end of a shift (Utah Code § 20A-3a-105(1)(c)). | Employee must apply for leave before election day (Utah Code § 20A-3a-105(1)(b)). | Employee must be paid (Utah Code § 20A-3a-105(1)(d)). | Employee is excluded if employee has three or more nonworking hours while the polls are open (Utah Code § 20A-3a-105(2)). Employer's violation of this provision is a class B misdemeanor (Utah Code § 20A-3a-105(3)). |
West Virginia | Up to three hours, if necessary, when the polls are open. Employer may specify the hours if employee works in essential government, health, hospital, transportation, or communication services, or in an industry requiring continuous operations. (W. Va. Code § 3-1-42.) | Employee must make a written demand at least three days before election day (W. Va. Code § 3-1-42). | Employee must be paid (W. Va. Code § 3-1-42). | If employee has three or more nonworking hours at any time while the polls are open and fails or neglects to vote, or elects not to vote during this period, employee may be subject to wage or salary deductions for the time spent away from work for voting (W. Va. Code § 3-1-42). Employer's violation of this provision is a misdemeanor. A corporation is subject to a fine of up to $1,000, while non-corporate employers and individuals are subject to a fine of up to $500, imprisonment for up to six months, or both. (W. Va. Code § 3-9-20.) |
Wisconsin | Up to three successive hours while the polls are open. Employer may specify the hours. (Wis. Stat. §§ 6.76(1) and 12.07(1).) | Employee must provide notice before election day (Wis. Stat. § 6.76(1)). | Employee does not have to be paid, but employer may not subject employee to a penalty (Wis. Stat. §§ 6.76(2) and 12.07(1)). | Employer's violation of these provisions could lead to a fine of up to $1,000, imprisonment for up to six months, or both (Wis. Stat. § 12.60(1)(b)). |
Wyoming | One hour (excluding meal hour) while the polls are open. Employer may specify the hour. (Wyo. Stat. Ann. § 22-2-111(a).) | Not specified. | Employee must be paid, if employee actually casts a legal vote (Wyo. Stat. Ann. § 22-2-111(a)). | Employee is excluded if employee has three or more consecutive nonworking hours while the polls are open (Wyo. Stat. Ann. § 22-2-111(b)). Employer's knowing violation of this provision is a misdemeanor, punishable by up to six months in jail, a fine of up to $1,000, or both (Wyo. Stat. Ann. §§ 22-26-112 and 22-26-120). |