Paid Time Off for Employees to Vote 2020

Election day is Tuesday, November 3rd. Several states have voting laws in place that give employees paid time off to vote. These laws that are in place differ concerning how much time off employees get, giving their employers notice, scheduling, whether or not time off to vote is paid, and different penalties for employers for violating these laws. 

Although most of these states do allow for paid time off for employees to vote, many of them have certain regulations under which employees may not get paid time off if they have a certain amount of time outside of their work hours to vote. Registered voters can check their state and county's polling times to verify. 

The following is a list of the states and requirements that employers must adhere to. 

AL:

• Employers must give their employees "reasonable notice"
• Time off may not be more than one hour
• If the employee starts work at least two hours after the polls open, or if their shift ends at least one hour before the polls close, time off is not available
• Employers can determine when the employee can take time to vote

AK:

• Employees get as much time as they need to vote
• Paid time off is granted
• These terms do not apply if the the employee is working for two hours while the polls are open

AZ:

• Employees must give notice before Election Day 
• Employees get paid time off to vote
• Employers can determine when the employee can take time to vote
• These terms do not apply if the the employee is working for three hours while the polls are open
• Employers in violation can face misdemeanor charges

AR:

• Employers must establish voting time schedules to give their employees 
• Time off is paid
• Employers in violation can face up to $250 in fines

CA:

• Employees get as much time as they need to vote
• Employees get a maximum of two hours paid, but only if they do not have time to vote outside working hours
• Employers may require two days of advance notice for additional time
• Employers may require the time to vote being taken at the beginning or end of a shift
• Includes posting of notice at least 10 days prior to Election Day

CO:

• Employees must provide notice prior to Election Day
• Time off is paid
• Employees have up to two hours to vote
• Employers can specify when the employee takes time off
• If an employee has three or more hours to vote between the start and end of the shift

GA:

• Employers must provide two hours for employees to vote
• Time off is unpaid
• Employers may specify when the time can be taken
• Does not apply if employees have two or more hours to vote before or after their shift

HI:

• Employees have up to two hours, excluding lunch or break time, to vote
• Time off is paid
• Does not apply if employees have two hours vote outside work hours
• State recommends voters retain their ballot stub as proof of voting
• Employers found in violation of the law are subject to fines

IL:

• Employees must provide notice prior to Election Day
• Time off is paid
• Does not apply if employee has two hours before or after shift to vote

IA:

• Employees must make written request before Election Day
• Employees can take up to three hours to vote
• Time off is paid
• Employer can designate when the time to vote is taken
• Does not apply if employee has three hours before or after shift to vote

KS:

• Employees may take up to two hours to vote
• Employers may designate time off to vote
• Time off is paid
• Does not apply if employee has two hours before or after shift to vote

KY:

• Employees may take up to four hours to vote
• Employees must request time off
• Employers can specify when the employee can take time off to vote
• Time off is unpaid

MD:

• Employees can take up to two hours to vote
• Time off is paid
• Proof of voting may be required
• Does not apply if employees have two hours to vote outside working hours

MA:

• Time off to vote only applies to employees in manufacturing, mechanical, or mercantile industries
• Employees must request time off in advance
• Employees can take up to two hours to vote
• Time off is unpaid

MN:

• Employees can take off the time needed to vote
• State asks employees only take as much time as they need
• Time off is paid
• Employers found in violation can face a misdemeanor

MO:

• Employees must request time off prior to Election Day
• Employees can take up to three hours off
• Employers can determine when the employee can take time to vote
• Time off is paid
• Does not apply if workers have three hours off while the polls are open

NE:

• Time off can be requested before or on Election Day
• Employees can take up to two hours to vote
• Time off is paid
• Employer can specify when the employee can vote
• Does not apply if the employee has two hours off during non-work hours to vote

NV:

• Employees must provide workers time to vote if they can’t before or after work hours
• Time to vote is based on distance from the workplace and the employee’s polling location (not more than three hours)
• Time off is paid
• Employees must give notice before Election Day
• Employers can designate when the employee takes time off to vote
• Employers found in violation of the law are subject to a misdemeanor

NM:

• Employees can take up to two hours of leave to vote
• Time off is paid
• Does not apply if employees have two hours to vote before work or three hours to vote after work
• Employers found in violation of the law are subject to fines and a misdemeanor

NY:

• Employees must give at least two days’ notice
• Employers must provide notice of employee voting rights at least 10 days before the election
• Employees can take up to two hours off to vote
• Time is paid
• Does not apply if the employee has four hours to vote before or after work
• Employers may determine when the employee can take time off to vote

ND:

• Employers encouraged but not required to give employees time to vote
• Time off is unpaid

OH:

• Employees can take a “reasonable” time off to vote
• Applies only to salaried employees
• Time off is paid
• Employers found in violation of the law are subject to fines

OK:

• Employees must give notice before Election Day
• Employees can take up to two hours off to vote
• More time can be taken if the polling location requires more time to reach
• Employers can determine when employees can take time to vote
• Time off is paid
• Does not apply if an employee has at least three hours to vote before or after work
• Employers found in violation of the law are subject to a misdemeanor or fines

SD:

• Employees can take up to two hours off to vote
• Time off is paid
• Does not apply if employee has two hours to vote before or after work
• Employers found in violation the law are guilty of a misdemeanor

TN:

• Employees must give notice by noon the day before the election
• Employees can take up to three hours to vote
• Time off is paid
• Employers can specify when the time is taken
• Does not apply if employees have three hours to vote before or after their shift

TX:

• Employees can take time off to vote, though an exact amount isn’t specified
• Time off is paid
• Does not apply if employees have two hours to vote before or after their shift
• Employers found in violation the law are guilty of a misdemeanor

UT:

• Utah is sending voters mail-in ballots this year
• Employees must ask for leave before Election Day
• Employees can take up to two hours of leave to vote
• Time off is paid
• Employers can designate when the employee takes time to vote, but employees can request that it be the beginning or end of a shift
• Does not apply if the employee has three hours to vote during non-working hours
• There is pending legislation regarding the law

WV:

• Employees must request time off to vote at least three days before the election
• Employees can take up to three hours off to vote
• Time off is paid
• Does not apply if the employee has at least three hours to vote during non-working hours
• Employers in certain industries — essential government, health, hospital, transportation and communication services and in production, manufacturing and processing works requiring continuity in operation — may designate when an employee can take time off to vote

WI:

• Employees must give notice before Election Day
• Employees can take up to three hours off to vote
• Time off is not paid
• Employers can specify when the employee takes time off to vote
• Employers can’t penalize an employee for taking time off to vote

WY:

• Employees can take an hour off to vote (not a meal break)
• Time off is paid (so long as the employee votes)
• Does not apply if an employee has three hours to vote during non-working hours

This information provided on this website is meant to provide general information and does not constitute as legal/ medical advice.