There is no federal law that specifies the rules employers and employees must follow to allow employees time of for voting. Many states have passed their own laws that define the
rules for both workers and managers when work shift time conflicts with open times for polls. In many states the employer must allow time off if the polls are closed within a certain hours of the employees work shift. In addition some states require the employee to provide the employer with advanced notice (some in writing) if they anticpate needing time off to vote. In still other states. Some states even require that the employee prove they used the time off to actually vote. Many states have no law at all and employers are not legally required to allow time off. Review the summarization below for details about the rules for your state and see the links for the legislative statue (where applicable).
State |
Has state law for voting leave? |
Leave time required? |
Notice provided to employer by employee? |
Can the employer specify the hours off? |
Must time off be paid? |
Other provisions |
Legal link |
|---|---|---|---|---|---|---|---|
Alabama |
Yes |
Time “necessary” to vote, not exceeding one hour, unless employee has two hours before work or after work available to vote. | Employee must provide “reasonable” notice | Yes | Not defined | 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 polls close. | Alabama time off for voting rules |
| Alaska | Yes | Not specified, but employer must allow time off for voting. | Not specified | Yes | Yes | Employees are not entitled to leave if they have two consecutive hours in which to vote either between the opening of the polls and the beginning of the shift, or the close of the polls and the end of the shift. | Arizona time off for voting rules |
| Arizona | Yes | Up to three hours unless polls are open three hours before or after work. | Employee must request time before election day. | Yes | Yes | Arizona time off for voting rules | |
| Arkansas | Yes | Employer must schedule work hours to allow employees time to vote. | Must give “sufficient” notice, and the employee is subject to $25-250 fine if they fail to do so. | Not defined | Note defined | Arkansas time off for voting rules | |
| California | Yes | Two hours required if they do not have time to vote outside normal working hours | Employee must provide two working days notice. | Yes, Voting hours are from 7am to 8pm. Employees can be given as such time as they need in order to vote, but only a maximum of two hours is paid. Employers may require employees to give advance notice that they will need additional time off for voting. Employers may require time off to be taken only at the beginning or end of the employee's shift |
Yes, up to two hours | Employers must post, in a conspicuous place, a notice setting forth these provisions no less than ten days before the election. Cal. Elec. Code §§ 14000-14001. | California time off for voting rules |
| Colorado | Yes | Up to two hours | Employees required to give reasonable notice. | Yes | Yes | Employee is not eligible for leave if they have three or more non-working hours in which the polls are open. | Colorado time off for voting |
| Connecticut | No | ||||||
| Delaware | No | ||||||
| Florida | No | ||||||
| Georgia | Yes | Necesary time, but not to exceed two hours | Employees required to give reasonable notice. | Yes | No | Not entitled to leave if
employees have two hours before or after their shift in which to vote. |
Georgia time off for voting |
| Hawaii | Yes | Up to two hours | Employee must apply in writing prior to election day | Yes | Yes | Excluded from leave if
employee has three consecutive non-working hours in which to vote. |
Hawaii time off for voting |
| Idaho | Yes but only for government employees | Yes | Not defined | Not defined | Not defined | Employees are only
entitled to leave with pay for primary, general, municipal, school, or special elections if work interferes with being able to vote. |
|
| Illinois | Yes | Up to two hours | Employee must apply before the election. | Yes | Yes | Employer must permit a
two-hour absence if shift begins less than two hours after polls open, or ends less than two hours before polls close. |
Illinois time off to vote |
| Indiana | No | ||||||
| Iowa | Yes | An amount that, when added
to employee’s non-working
time, totals three
consecutive hours while polls are open |
Employee must apply in writing prior to election day. | Yes | Yes | Iowa time off to vote | |
| Kansas | Yes | If polls are not open outside employees’ shift, they must be given two consecutive hours. | Not defined | Yes, not including meal break time. | Yes | Kansas time off to vote | |
| Kentucky | Yes | Resonable time not less than four hours. | Employee must apply for leave time prior to the day of the election. | Yes | Not Specified, but employee shall not be subject to a “penalty” |
Employees may be disciplined if they take voting leave but fail to cast a vote. | Kentucky time off to vote |
| Louisiana | No | ||||||
| Maine | No | ||||||
| Maryland | Yes | Up to two hours | Not defined | Not defined | Yes | Not eligible if there are two consecutive non-working hours in which the polls are open. employees must furnish proof to employer that they voted by submitting approved form. | Maryland time off to vote |
| Massachusetts | Yes | Leave must be provided for the first two hours after the polls open, | Employee must apply | Not defined | Not defined | Leave applies to
employees in
“manufacturing, mechanical, or mercantile establishments.” |
Massachusetts time off to vote |
| Michigan | No | ||||||
| Minnesota | Yes | Whatever time is required. | Not defined | Not defined | Yes | Minnesota time off to vote | |
| Mississippi | Yes | Whatever time is required | Not defined | Not defined | Not Defined | ||
| Missouri | Yes | Up to three hours | Employee must apply for leave prior to election day | Yes | Yes | Employees are excluded if
they have three successive
non-working hours while the polls are open. |
Missouri time off to vote |
| Montana | No | ||||||
| Nebraska | Yes | Leave that, when added to non-working time, equals two consecutive non-working hours in which to vote. |
Employee must apply prior to election day | Yes | Yes | Employees are not eligible
if they have two consecutive non-working hours in which the polls are open. Election workers are entitled to paid leave upon reasonable notice. |
Nebraska time off to vote |
| Nevada | Yes | Employees are allowed one to three hours on election days to vote if they do not have sufficient" free time outside working hours, depending on the distance between work and the polling site. | Employees must apply for time prior to Election Day. | Yes | Yes | Nevada time off to vote | |
| New Hampshire | No | ||||||
| New Jersey | No | ||||||
| New Mexico | Yes | Up to tow hours | Not defined | Yes | Not defined | Employees are not eligible
if workday begins more than two hours after polls open, or ends more than three hours before polls close. |
New Mexico time off to vote |
| New York | Yes | Sufficient time unless sufficient time exists during not working hours | Employee must notify employer more than two days but no more than ten days prior to election. | Yes | Yes, up to two hours | Employees are excluded if they have four consecutive non-working hours in which to vote. At least 10 days prior to every election, employers must post a notice setting forth the requirements of the NY Voting Leave Statute. | New York time off to vote |
| North Carolina | No | ||||||
| North Dakota | Yes | Not defined | Not defined | Not defined | Employers are encouraged to provide time off to vote when employee’s regular work schedule conflicts with times polls are open | North Dakota time off to vote | |
| Ohio | Yes | A resonable amount of time off although no specific amount to specified. | Not defined | Not defined | Not defined | Ohio time off to vote | |
| Oklahoma | Yes | Two hours and employee must get sufficient time off if they require more. | Employee must provide notice the day before the election | Yes | Yes, but employer may require proof of voting | Employees are excluded if shift begins three or more hours after the polls open, or ends three or more hours before polls close. | Oklahoma time off to vote |
| Oregon | No | ||||||
| Pennsylvania | No | ||||||
| South Carolina | No | ||||||
| Rhode Island | No | ||||||
| South Dakota | Yes | Two hours required | Not defined | Yes | Yes | Employees are not eligible
if they have two consecutive non-working hours in which the polls are open. |
South Dakota time off to vote |
| Tennessee | Yes | Up to three hours | Not defined | Yes | Yes | Employees are excluded if they have three nonworking hours with the polls open. | Tennessee time off to vote |
| Texas | Yes | Not defined, but time off is permitted | Not defined | Not defined | Yes | Employees are excluded if they have two consecutive non-working hours in which to vote. | Texas time off to vote |
| Utah | Yes | Two hours | Employee must apply prior to election day | YES, but must
grant request for leave to be taken at the beginning or end of the shift. |
Yes | Employees are excluded if they have three or more non-working hours in which to vote. | Utah time off to vote |
| Vermont | No | Yes, amount not specified | Not defined | Not defined | |||
| Virginia | No | ||||||
| Washington | Yes | Up to two hours | Not defined | Not defined | Yes | Washington State time off to vote | |
| West Virginia | Yes | Up to three hours | Employee must make request in writing at least three days in advance of election day. | Yes, if the
employee works in
essential government, health, hospital, transportation, or in an industry requiring continuous operation. |
Yes | Employees are not eligible if they have three or more non-working hours in which to vote. | West Virginia time off to vote |
| Wisconsin | Yes | Up to three hours | Employee must provide notice before election day | Yes | No | Employees serving as
election officials must be allowed leave upon seven days notice to the employer. |
Wisconsin time off to vote |
| Wyoming | Yes | One hour | Not defined | Not defined | Yes | Employees are excluded if they have three or more consecutive non-working to vote. |
Wyoming time off to vote |
| Washington D.C. | No |
StaffMarket Services, LLC
431 12th Street West, Suite 202
Bradenton, Florida 34205
(get map)
Phone: 941-750-9450 - Fax: 877-471-5608
Office hours are 9:00am to 5:00pm EST
Send e-mail to: StaffMarket Information
Copyright
2013 StaffMarket Services. All rights reserved.
StaffMarket and StaffMarket.com are registered trademarks of StaffMarket Services, LLC.
Patent Pending
|
|
|
|
You are viewing our regular site View Mobile Site
StaffMarket Sitemap
