States that require employers to grant employees time off to vote, 2024

From Ballotpedia
Jump to: navigation, search
Help desk logo notext.png
Ballotpedia's
2024 Election Help Desk

« 2022

Frequently asked questions
Can I register to vote online?
Can I register to vote on Election Day?
Do I need voter ID?
Can I check the status of my absentee ballot?
When can states start counting absentee ballots?
What is a provisional ballot?
Can candidates win an election if they have already conceded?

Elections by state

In 2024, 28 states required employers to grant employees time off to vote. Within these 28 states, policies varied as to whether that time off must be paid and how much notice must be given. The map and table below summarize time-off policies in each of the 50 states in 2024.

States that require employers to grant employees time off to vote, 2024
State Time off Exceptions Paid or unpaid Advance notice requirement Citation
Alabama Yes (1 hour) "[If] the hours of work of the employee commence at least two hours after the opening of the polls or end at least one hour prior to the closing of the polls, then the time off for voting as provided in this section shall not be available." Unpaid Yes ("reasonable notice") Alabama Code § 17-1-5
Alaska Yes (not specified) "An employee who has two consecutive hours in which to vote, either between the opening of the polls and the beginning of the employee's regular working shift, or between the end of that regular working shift and the close of the polls, is considered to have sufficient time outside of working hours within which to vote." Paid No Alaska Stat. § 15.56.100
Arizona Yes (as much time at the beginning or end of the shift as allows for three consecutive non-working hours while polls are open) Does not apply if polls are open three consecutive hours before or after the regular shift. Paid Yes (before election day) Arizona Rev. Stat. § 16-402
Arkansas Yes (not specified)[1] Unpaid No Arkansas Code Ann. § 7-1-102
California Yes (2 hours) Applies "[i]f a voter does not have sufficient time outside of working hours to vote at a statewide election[.] ... The time off for voting shall be only at the beginning or end of the regular working shift, whichever allows the most free time for voting and the least time off from the regular working shift, unless otherwise mutually agreed." Paid Yes (2 working days) California Election Code § 14000
Colorado Yes (2 hours) "This section shall not apply to any person whose hours of employment on the day of the election are such that there are three or more hours between the time of opening and the time of closing of the polls during which the elector is not required to be on the job." Paid Yes (before election day) Colorado Rev. Stat. § 1-7-102
Connecticut No
Delaware No[2]
District of Columbia Yes (2 hours) Paid Yes ("reasonable time in advance") Code of the District of Columbia § 1–1001.07a
Florida No[3]
Georgia Yes (2 hours) Unpaid Yes ("reasonable notice") Georgia Code Ann. § 21-2-404
Hawaii No[4]
Idaho No
Illinois Yes (2 hours) Applies "if the employee's working hours begin less than 2 hours after the opening of the polls and end less than 2 hours before the closing of the polls." Paid[5] Yes (before election day) 10 Illinois Comp. Stat. § 5/17-15
Indiana No
Iowa Yes (as much time at the beginning or end of the shift as allows for two consecutive non-working hours while polls are open) Applies if the employee "does not have two consecutive hours in the period between the time of the opening and the time of the closing of the polls during which the person is not required to be present at work for an employer." Paid Yes (in writing before the day of the election) Iowa Code § 49.109
Kansas Yes (2 hours) "[I]f the polls are open before commencing work or after terminating work but the period of time the polls are so open is less than two (2) consecutive hours, he shall only be entitled to absent himself from such service or employment for such a period of time which, when added to the period of time the polls are so open, will not exceed two hours." Paid No Kansas Stat. Ann. § 25-418
Kentucky Yes (4 hours) Unpaid Yes (before election day) Kentucky Rev. Stat. Ann. § 118.035
Louisiana No
Maine No
Maryland Yes (2 hours) Applies "if the employee does not have 2 hours of continuous off-duty during the time that the polls are open." Paid No Maryland Election Law § 10-315
Massachusetts Yes (2 hours) Applies only to "manufacturing, mechanical or mercantile" employees. Limited to "the period of two hours after the opening of the polls." Unpaid Yes (not specified) Massachusetts Gen. Laws ch. 149, §178
Michigan No
Minnesota Yes ("time necessary") Paid No Minnesota Stat. § 204C.04
Mississippi No[6]
Missouri Yes (3 hours) "[T]his section shall not apply to a voter on the day of election if there are three successive hours while the polls are open in which he is not in the service of his employer." Paid Yes (before election day) Missouri Rev. Stat. § 115.639
Montana No
Nebraska Yes (as much time as allows for two consecutive non-working hours while polls are open) Applies to "[a]ny registered voter who does not have two consecutive hours in the period between the time of the opening and closing of the polls during which he or she is not required to be present at work." Paid Yes ("prior to or on election day") Nebraska Rev. Stat. § 32-922
Nevada Yes (up to 3 hours; contingent on distance from polling place) Applies "if it is impracticable for the voter to vote before or after his or her hours of employment." Paid Yes (before election day) Nevada Rev. Stat. Ann § 293.463
New Hampshire No
New Jersey No
New Mexico Yes (2 hours) "[Does] not apply to an employee whose work day begins more than two hours subsequent to the time of opening the polls, or ends more than three hours prior to the time of closing the polls." Paid No New Mexico Stat. Ann. § 1-12-42
New York Yes (2 hours) Applies if an employee "does not have sufficient time [four consecutive hours] outside of his or her scheduled working hours, within which to vote on any day at which he or she may vote." The employee "shall be allowed time off for voting only at the beginning or end of his or her working shift ... unless otherwise mutually agreed." Paid Yes (2 working days) New York Elec. Law § 3-110
North Carolina No
North Dakota[7] No
Ohio Yes ("reasonable amount of time") Unpaid[8] No Ohio Rev. Code Ann. § 3599.06
Oklahoma Yes (2 hours) "This section shall not apply to an employee whose work day begins three (3) hours or more subsequent to the time of opening of the polls, or ends three (3) hours or more prior to the time of closing the polls. The employer may change the work hours to allow such three (3) hours before the beginning of work or after the work hour." Paid Yes (3 days) 26 Oklahoma St. Ann. § 7-101
Oregon No[4]
Pennsylvania No
Rhode Island No
South Carolina No
South Dakota Yes (2 hours) Applies if the employee "does not have a period of two consecutive hours during the time the polls are open during which he is not required to be present at his work or place of employment." Paid No South Dakota Codified Laws Ann. § 12-3-5
Tennessee Yes (3 hours) "If the tour of duty of an employee begins three (3) or more hours after the opening of the polls or ends three (3) or more hours before the closing of the polls of the county where the employee is a resident, the employee may not take time off under this section." Paid Yes (noon the day before the election) Tennessee Code Ann. § 2-1-106
Texas Yes (not specified) "It is an exception to the application of this section that the person's conduct occurs in connection with an election in which the polls are open on election day or while early voting is in progress for voting for two consecutive hours outside of the voter's working hours." Paid No Texas Elec. Code § 276.004
Utah Yes (2 hours) "This section does not apply to an employee who has three or more hours between the time polls open and close during which the employee is not employed on the job." Paid Yes (before election day) Utah Code Ann. § 20A-3a-105
Vermont No[4]
Virginia No
Washington No[4]
West Virginia Yes (3 hours) "[A]ny employee, who has three or more hours of his own time away from his work or place of employment at any time between the hours of the opening and the closing of the polls on election day and who fails or neglects to vote or elects not to vote during such free time away from his work or employment, may be subject to wage or salary deductions for the time actually absent from his work or employment for voting in such election." Paid Yes (in writing, 3 days) West Virginia Code § 3-1-42
Wisconsin Yes (3 hours) Unpaid Yes (before election day) Wisconsin Stat. Ann. § 6.76
Wyoming Yes (1 hour) "This section shall not apply to an employee who has three (3) or more consecutive nonworking hours during the time the polls are open." Paid No Wyoming Stat. § 22-2-111

See also

Footnotes

  1. Arkansas Code Ann. § 7-1-102: "Each employer in the state shall schedule the work hours of employees on election days so that each employee will have an opportunity to exercise the right of franchise."
  2. 15 Delaware Code § 5162: "If any person, or corporation existing or doing business in this State, hinders, controls, coerces or intimidates or attempts to hinder, control, coerce or intimidate any qualified elector of this State from or in the exercise of the elector’s right to vote at any general, special or municipal election held under the laws of this State, by means of bribery or by threats of depriving such elector of employment or occupation, absolutely or contingently, directly or indirectly, every elector so aggrieved may, in a civil action brought for that purpose, sue for and recover from the person or corporation so offending the sum of $500."
  3. Florida Statutes § 104.081: It is unlawful for any person having one or more persons in his or her service as employees to discharge or threaten to discharge any employee in his or her service for voting or not voting in any election, state, county, or municipal, for any candidate or measure submitted to a vote of the people. Any person who violates the provisions of this section is guilty of a felony of the third degree.
  4. 4.0 4.1 4.2 4.3 All-mail voting
  5. Not specified for primaries. (Illinois Comp. Stat. § 5/7-42).
  6. Mississippi Code Ann. § 79-1-9: "Any corporation doing business in this state shall be liable to a penalty of Two Hundred Fifty Dollars ($250.00) for every unlawful interference with the social, civil, or political rights of any of its agents or employees, and the same may be recovered by suit, to be brought by the injured party."
  7. North Dakota Century Code 16.1-01-02.1: [E]mployers are encouraged to establish a program to grant an employee who is a qualified voter to be absent from the employee's employment for the purpose of voting when an employee's regular work schedule conflicts with voting during time when polls are open.
  8. Pay may not be withheld from salaried employees.