We are less than 100 days away from Election Day 2024, so it is critical for employers to ensure that they are following applicable voting leave laws in the states where they have employees.

Not all states require employers to provide employees with leave to vote. But several require employers to provide employees with one or more hours of voting leave, and a vast majority of those states require employers to pay employees for that time. Below is a roundup of states that require voting leave, along with when employees are not eligible for leave.

An asterisk next to the state means the leave is required to be paid.

States Requiring Up to One Hour of Voting Leave

Alabama – Employees are excluded if the workday begins at least two hours after the polls open or ends at least one hour before the polls close. Employees must also provide “reasonable” notice.

Wyoming* – Employees are excluded if they have three or more consecutive nonworking hours while polls are open.

States Requiring Up to Two Hours of Voting Leave

Colorado* – Employees are excluded if they have three or more nonworking hours while polls are open. Leave must be taken at the beginning or end of the shift. Employees must also apply for leave prior to Election Day.

Georgia – Employees must provide reasonable notice.

Illinois* – Employees are excluded if they have two or more nonworking consecutive hours while polls are open. For primary elections, employees must seek employer consent. For general or special elections, employees must apply for leave before Election Day.

Iowa* – Employees are excluded if they have two or more nonworking consecutive hours while polls are open. Employees must also apply in writing for leave prior to Election Day.

Kansas* – Employees are excluded if they have two or more nonworking consecutive hours while polls are open.

Maryland* – Employees are excluded if they have two or more nonworking consecutive hours while polls are open.

Massachusetts – Leave only applies to employees of manufacturing, mechanical or mercantile establishments. Employees who qualify must apply for leave.

Nebraska* – Employees are excluded if they have two or more nonworking consecutive hours while polls are open.

New Mexico – Employees are excluded if they have two or more nonworking hours before their shift starts while the polls are open or three or more nonworking hours after their shift while polls are open.

New York* – Employees are excluded if they have four or more nonworking consecutive hours while polls are open. Employees must notify their employer at least two days before Election Day, but not more than 10 days before.

Oklahoma* – Employees are excluded if they have three or more nonworking consecutive hours while polls are open. An employee may request more than two hours of leave if needed due to the distance to the voting place. Employees must notify their employer at least three days prior to the election.

South Dakota* – Employees are excluded if they have two or more nonworking consecutive hours while polls are open.

Utah* – Employees are excluded if they have three or more nonworking consecutive hours while polls are open. Employees must apply for leave prior to Election Day.

States Requiring Up to Three Hours of Voting Leave

The following states require employers to permit voting leave for a reasonable amount of time up to three hours. However, employees in these states are not eligible for leave if they have three or more consecutive nonworking hours while polls are open either before their shift starts or after their shift ends.

Arizona* – Employees must apply for leave prior to Election Day.

Missouri* – Employees must request leave prior to Election Day.

Tennessee* – Employees must apply for leave before noon on the day prior to Election Day.

West Virginia* – Employees must make a written demand at least three days prior to Election Day.

States Requiring Up to Four Hours of Voting Leave

Kentucky – Employers must provide their employees with up to four hours of compensatory voting leave to vote in the general election. Employees must apply for leave prior to election day.

States Requiring “Sufficient” Leave Time to Vote

The following states do not specify the amount of leave that an employee must be provided to vote. However, employers with employees in these states are required to provide their employees “sufficient time” to vote with the following caveats:

Alaska – Employees are excluded if they have at least two nonworking hours before or after their shift while polls are open.

California* – Employees are excluded if they have sufficient time to vote before or after their shift. Employees must take their leave at the beginning or end of their shift, whichever allows for the most time to vote and requires the least amount of missed working time. Additionally, employees must provide their employer with at least two working days’ notice before the election day.

Minnesota*

Nevada* – Employees are excluded if it is practicable to vote before or after their scheduled working hours. They must apply for leave prior to Election Day. An employee’s leave time is determined by distance between their place of employment and the polling location as follows:

• Two miles or less: one hour of leave
• Two-10 miles: two hours of leave
• Over 10 miles: three hours of leave

Texas* – Employees are excluded if they have at least two consecutive nonworking hours while polls are open.

Other States with Voting Leave-Related Laws

Arkansas – Requires employers to schedule employee work hours on election days so that each employee has an opportunity to vote.

Opinions and conclusions in this post are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. The author has provided the links referenced above for information purposes only and by doing so, does not adopt or incorporate the contents. Any federal tax advice provided in this communication is not intended or written by the author to be used, and cannot be used by the recipient, for the purpose of avoiding penalties which may be imposed on the recipient by the IRS. Please contact the author if you would like to receive written advice in a format which complies with IRS rules and may be relied upon to avoid penalties.

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