Last updated: October 2026
Whether employers must give employees time off to vote depends on state law. Some states require paid voting leave for eligible employees. Others require unpaid leave or schedules that allow time to vote. Some have no general voting-leave requirement for private employers.
Election Day is Tuesday, November 3, 2026. Here’s a look at the rules across all 50 states and Washington, D.C., so you know what to check before setting your team’s schedule.
Which States Require Paid Time Off to Vote?
The following states require paid voting leave for eligible employees, subject to state-specific conditions:
Alaska, Arizona, California, Colorado, Illinois, Iowa, Kansas, Maryland, Minnesota, Missouri, Nebraska, Nevada, New Mexico, New York, Oklahoma, South Dakota, Tennessee, Texas, Utah, West Virginia, and Wyoming. Washington, D.C., also requires paid voting leave.
That doesn’t mean every employee automatically gets the same amount of paid time. Eligibility may depend on their work schedule, the time available to vote outside work, advance notice, or other conditions.
Which States Require Voting Leave or Scheduling Flexibility?
Alabama, Arkansas, Georgia, Kentucky, Massachusetts, Ohio, and Wisconsin require voting leave or an opportunity to vote through scheduling, with different rules about pay.
A few distinctions matter:
Massachusetts: The rule covers manufacturing, mechanical, and mercantile workplaces, including retail. Eligible employees who request leave must be allowed time off during the first two hours the polls are open in their voting district. The voting-leave law doesn’t require pay.
Ohio: Employees are protected when taking a reasonable amount of time to vote. Voting leave generally must be paid for salaried employees but may be unpaid for hourly employees.
Arkansas: Employers must schedule work hours so employees have an opportunity to vote. The law doesn’t establish a fixed block of paid voting leave.
Which States Have No General Voting-Leave Requirement?
Connecticut, Delaware, Florida, Hawaii, Idaho, Indiana, Louisiana, Maine, Michigan, Mississippi, Montana, New Hampshire, New Jersey, North Carolina, North Dakota, Oregon, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia, and Washington have no general state requirement for private employers to provide voting leave.
Connecticut’s temporary two-hour unpaid voting-leave requirement expired June 30, 2024.
“No general requirement” doesn’t mean employees have no voting protections. Company policies, applicable agreements, and other laws may still matter.
What Should Employers Check Before Election Day?
Before approving or denying a request, check:
Eligibility: Does the employee qualify based on their schedule and workplace?
Pay: How much voting time, if any, must be paid?
Advance requests: Does the employee need to give notice before Election Day?
Required posters: Does your state require a workplace voting-leave notice?
Your handbook: Have you promised more time or flexibility than state law requires?
For example, New York requires its voting-leave notice at least ten working days before an election. California requires its notice at least ten days before a statewide election.
If you have remote employees, check the rules where they work.
Make the Plan Clear to Your Team
Let employees know how to request time and whether it’s paid. Even where voting leave isn’t required, flexibility with start times or shift coverage can help.
If you provide paid voting leave, make sure it’s recorded correctly in payroll.
Planning ahead for year-end? Our 2026 year-end payroll checklist covers other items to review before your final payroll.
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Selected official state guidance: Massachusetts · New York · California
This is a general overview for private employers. Check current state and local requirements for your workplace.