Rules Vary by State

With Election Day quickly approaching, private sector employers should be aware of their obligations under state law to provide voting leave for their employees.

The following is a general summary only of voting leave requirements under state law. Many states have additional rules regarding time off to vote. For example, some states may not require time off if an employee has adequate time to vote outside of working hours. Thus, employers are strongly advised to review the applicable state law and contact a knowledgeable employment law attorney for further guidance.

No Leave Required
The following states generally do not require that private sector employees be given time off to vote: CT, DC, DE, FL, ID, IN, LA, ME, MI, MS, MT, NC, ND, NH, NJ, OR, PA, RI, SC, VA, VT, and WA.

Unpaid Time Off
The following states generally require that private sector employees be given unpaid time off to vote:

• AL: 1 hour
• AR: Employers must schedule work hours on election days so that employees have an opportunity to vote
• GA: 2 hours
• KY: 4 hours
• MA: Certain employers must provide leave during the first 2 hours after the opening of the polls
• WI: 3 hours

Paid Time Off
The following states generally require that private sector employees be given paid time off to vote:

• AL: 1 hour
• AR: Employers must schedule work hours on election days so that employees have an opportunity to vote
• GA: 2 hours
• KY: 4 hours
• MA: Certain employers must provide leave during the first 2 hours after the opening of the polls
• WI: 3 hours

Note: There is no federal law that requires private sector employers to provide employees with time off from work to vote in a national or state election.

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