Time Off to Vote, State Law Summary and Sample Policies

Before implementing any “time off to vote” policy, an employer should check to see if there are any state law requirements and any applicable collective bargaining agreements. While some states have no such requirements, some do, such as a minimum time off and even posting requirements (California and New York). Employers should be knowledgeable about the hours of operation for the polls in their surrounding precincts.

Sample #1
Because the company has a continuing interest in encouraging responsible citizenship, you are urged to vote for the candidates of your choice at local, state and national elections either before or after your regular shift. In extreme cases, if you do not have sufficient time outside of working hours within which to vote, you will be allowed to take up to two hours off with pay for this purpose. Such time off should be taken at the beginning or end of your regular shift, whichever allows for more free time to vote.
To receive time off for voting, you must advise your supervisor that you will need time off at least three days before election day, receive approval from your supervisor, and present a voter’s receipt to your supervisor. No action will be taken against any employee in any manner for requesting or taking any time off as provided for in this policy.

Sample #2
The company encourages employees to fulfill their civic responsibilities by participating in elections. Generally, employees are able to find time to vote either before or after their regular work schedule. If employees are unable to vote in an election during non-working hours, the company will grant up to two hours paid time off so that employees may vote.
Employees should request time off to vote from their advisor at least two working days prior to the Election Day. Advance notice is required so that the necessary time off can be scheduled at the beginning or end of the work shift, whichever provides the least disruption to the normal work schedule.

Sample #3
We encourage you to vote. Because of the extended hours that the polls are open, we do not anticipate that it will be necessary for anyone to take time off to vote.
In the unlikely event your work schedule does not allow time for you to vote during the hours the pools are open, you will be given a reasonable period of time off work to vote. Please remember to advise your supervisor in writing by noon the day before the election, so that arrangements can be made to properly cover your job duties.

Sample #4
The company’s policy is to encourage its employees to participate in the election of government leaders and polices. Therefore, adequate time off without pay is allowed from the beginning or end of the workday to exercise this right. Please be sure to schedule this time off with your supervisor to ensure proper coverage of your workstation. If the employee otherwise will be unable to vote, he/she may wish to inquire with the Registrar of Voters about the possibility of voting by absentee ballot.

Summaries of State Voting Leave Laws for Private Employers as of August 2014. Source: Commerce Clearing House

Alabama
Each employee in the state shall, upon reasonable notice to his or her employer, be permitted by his or her employer to take necessary time off from his or her employment to vote in any municipal, county, state, or federal political party primary or election for which the employee is qualified and registered to vote on the day on which the primary or election is held. The necessary time off shall not exceed one hour, and 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. The employer may specify the hours during which the employee may absent himself or herself as provided in this section (Sec. 1, H. 141, L. 2006, effective April 25, 2006).

Election officers. Effective until January 1, 2007, any inspector, clerk, or returning officer appointed pursuant to Secs. 17-6-1 and 17-6-9 must be excused from his or her employment without penalty of loss of time for election day only in order to perform the duties of the position to which he or she has been appointed. Proper documentation of the appointment and the dates of the required service must be furnished to the employer by the appointee at least seven days before the expected absence from his or her employment. These provisions do not apply to any employee working for an employer with 25 or fewer employees or require an employer to compensate an employee while performing the duties as prescribed above (Sec. 17-6-17).

Effective January 1, 2007, any precinct election official appointed pursuant to Sec. 17-8-1 shall be excused from his or her employment without penalty of loss of time for election day only in order to perform the duties of the position to which he or she has been appointed. Proper documentation of the appointment and the dates of the required service must be furnished to the employer by the appointee at least seven days before the expected absence from his or her employment. These provisions do not apply to any employee working for an employer with 25 or fewer employees or require an employer to compensate an employee while performing the duties as prescribed above (Sec. 17-8-13, as amended and renumbered by Act 570 (H. 100), L. 2006, effective January 1, 2007).

Alaska
All employers are covered. Employers must provide employees who do not have sufficient time outside working hours to do so enough paid time off to vote in a state election. However, an employee is considered to have sufficient time if the employee has two consecutive hours either between the opening of the polls and the beginning of the employee's regular working shift, or between the end of the regular working shift and the closing of the polls (Sec. 15.15.100).

Arizona
All employers are covered. Employers must provide up to three hours paid time off to enable an employee to vote in a primary or general election if the employee has less than three hours either before or after work in which to vote. Also, employers may require that employees apply for voting leave prior to election day (Sec. 16-402). Employers may specify the hours that an employee may be absent to vote (Sec. 16-402).

Arkansas
All employers are covered. Employers must schedule the work hours of employees on election days so that each employee will have an opportunity to vote (Sec. 7-1-102).

California
All employers are covered. Employers must provide up to two hours paid time off to employees who do not have sufficient time outside of working hours to vote at a statewide election (Elections Code, Sec. 14000). Employers may require that employees give at least two working days' notice that time off for voting is desired (Elections Code, Sec. 14000). Voting time must be 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 (Elections Code, Sec. 14000). Employers must post in a conspicuous place notices setting forth requirements for compliance with California's voting leave law 10 days prior to every statewide election (Elections Code, Sec. 14001). See http://www.sos.ca.gov/elections/time-vote-notices/ 

Colorado
All employers are covered. Denying an employee time off to vote is not prohibited if there are three or more nonworking hours between the opening and closing of the polls (Sec. 1-7-102). Employers must provide employees up to two hours paid time off during the time the polls are open to enable employees to vote, unless there are three or more nonworking hours between the opening and closing of the polls. Also, employers may not discharge an employee who takes time off to vote (Sec. 1-7-102). Employers may require that employees apply for voting leave prior to election day (Sec. 1-7-102). Employers may specify the hours during which an employee may be absent, but the hours must be at the beginning or end of the work shift (Sec. 1-7-102). Employers may not subject an employee to a penalty or reduction of wages because the employee exercises voting leave rights (Title 1, Art. 13, Sec. 1-13-719).

Connecticut
Connecticut does not have a voting leave law. However, state law does prohibit anyone, including an employer, from influencing a person's voting.

Delaware
Delaware’s voting leave law only applies to elected officials. If an employee has vacation time accrued and available for use and is not in a critical need position, an employer shall not deprive an employee of employment, nor threaten or otherwise coerce an employee with respect thereto, because the employee is serving as an election officer on an election day, or is otherwise serving in accordance with this chapter (Sec. 4709(a), as added by Ch. 379 (H. 550), L. 2001, effective July 8, 2002).

District of Columbia
The District of Columbia has no voting leave law.

Florida
Florida’s voting law only requires that employers allow employees to vote. There are no time off requirements. 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 this section is guilty of a felony of the third degree (Sec. 104.081).

Georgia
All employers are covered. Denying an employee time off to vote is not prohibited if there are at least two nonworking hours after the opening and before the closing of the polls (Sec. 21-2-404).

Employers must provide employees up to two hours time off to enable employees to vote in any election, unless there are two nonworking hours after the polls open and before the polls close (Sec. 21-2-404). Employers may require that employees give reasonable notice if time off to vote is desired (Sec. 21-2-404). Employers may specify the hours during which the employee may be absent (Sec. 21-2-404).

Hawaii
All employers are covered. Denying an employee time off to vote is not prohibited if there are two consecutive nonworking hours, excluding any lunch or rest periods, between the time of opening and closing of the polls (Sec. 11-95(a), as amended by S. 1065, L. 1998, effective July 20, 1998). Deducting the wages or salary of an employee is not prohibited if it is verified that the employee failed to vote after taking time off for that purpose (Sec. 11-95(a), as amended by S. 1065, L. 1998, effective July 20, 1998). Employers must provide employees up to two consecutive hours paid time off, excluding lunch or rest periods, in which to vote, unless there are two consecutive nonworking hours between the opening and closing of the polls when the employee is not working. The voter may not be liable for any penalty nor can there be any rescheduling of normal hours or any deduction in wages made (Sec. 11-95(a), as amended by S. 1065, L. 1998, effective July 20, 1998). Employers may make deductions from the salary or wages of an employee, if it is verified that the employee failed to vote after taking time off for that purpose (Sec. 11-95(a), as amended by S. 1065, L. 1998, effective July 20, 1998). Employers may require the presentation of a voter's receipt to verify voting by employees (Sec. 11-95(a), as amended by S. 1065, L. 1998, effective July 20, 1998).

Idaho
Idaho’s state law on voting leave only applies to state employees. It does not apply to private employers.

Illinois
With limited exceptions (see below), all employers are covered under Illinois' voting leave law.

Primary Elections. Any person entitled to vote at a primary shall, on the day of such primary, with the consent of his or her employer be entitled to absent himself or herself from any service or employment in which he or she is then engaged or employed for a period of two hours between the time of opening and closing the polls. The employer may specify the hours during which said employee may absent himself or herself (10 ILCS 5/7-42).

General and special elections. Any person entitled to vote at a general or special election or at any election at which propositions are submitted to a popular vote in Illinois, shall, on the day of such election, be entitled to absent himself or herself from any services or employment in which he or she is then engaged or employed, for a period of two hours between the time of opening and closing the polls; and such voter shall not because of so absenting himself or herself be liable to any penalty; Provided, however, that application for such leave of absence shall be made prior to the day of election. The employer may specify the hours during which said employee may absent himself or herself as aforesaid, except that the employer must permit a two-hour absence period during working hours if the employee's working hours begin less than two hours after the opening of the polls and end less than two hours before the closing of the polls. No person or corporation shall refuse to an employee the privilege hereby conferred, nor shall subject an employee to a penalty, including a reduction in compensation due to an absence under this section, because of the exercise of such privilege, nor shall directly or indirectly violate this section (10 ILCS 5/17-15, as amended by H. 1968, L. 2005, effective August 22, 2005).

Election judges. Any person who is appointed as an election judge may, after giving his or her place of work for the purpose of serving as an election judge. An employer may not penalize an employee for that absence other than a deduction in salary for the time the employee was absent from his or her place of employment. This section does not apply to an employer with fewer than 25 employees. An employer with more than 25 employees shall not be required to permit more than 10 percent of the employees to be absent under this section on the same election day (10 ILCS 5/13-2.5 and 10 ILCS 5/14-4.5, as added by H. 1968, L. 2005, effective August 22, 2005).

Indiana
Indiana does not have a voting leave law.

Iowa
All employers are covered. Employers must provide employees, who do not have three consecutive hours between the time of the opening and the closing of the polls, three consecutive hours paid time off in which to vote (Sec. 49.109). An employer commits the crime of election misconduct in the fourth degree if it willfully denies an employee the privilege conferred by Sec. 49.109 (see above), or subjects an employee to a penalty or reduction of wages because of the exercise of that privilege (Sec. 5, Ch. 1071 (H. 2409), L. 2001, effective July 1, 2002). Employers may require that employees apply for each voting leave individually and in writing prior to election day (Sec. 49.109). Employers may specify the period of time the employee may be absent (Sec. 49.109).

Kansas
All employers are covered. Employers must allow employees paid leave to vote for a period of not to exceed two consecutive hours between the time of opening and closing of polls. If the polls are open before or after the employee's working time, but the period of time the polls are so open is less than two consecutive hours, the employee is only entitled to take leave for such a period of time that, when added to the period of time the polls are so open, will not exceed two hours (Sec. 25-418). Employers may specify the particular time during the day that the employee may be absent, except such time will not include regular lunch periods (Sec. 25-418).

Kentucky
All employers are covered. Employers must provide employees enough reasonable time, but not less than four hours, between the opening and closing of the polls in which to vote (Sec. 118.035, as amended by H. 6, L. 1998, effective February 17, 1998). Employers may require that employees apply for voting leave prior to election day (Sec. 118.035, as amended by H. 6, L. 1998, effective February 17, 1998). Employers may specify the hours that an employee may be absent (Sec. 118.035, as amended by H. 6, L. 1998, effective February 17, 1998).

Louisiana
Louisiana does not have a voting leave law.

Maine
Maine does not have a voting leave law.

Maryland
Employers must permit employees who are registered voters a period not to exceed two hours' absence from work on election day in order to vote if an employee does not have two hours of continuous off-duty during the time that the polls are open (Sec. 10-315). The employer must pay the employee for the two hours' absence from work (Sec. 10-315). Each employee must furnish to the employer proof that the employee has voted. The proof must be on a form prescribed by the State Board (Sec. 10-315).

Massachusetts
Massachusetts' voting leave law covers employment in manufacturing, mechanical or mercantile establishments (Ch. 149, Sec. 178). No owner, superintendent or overseer in any manufacturing, mechanical or mercantile establishment may employ or permit to be employed any person entitled to vote at an election, during the period of two hours after the opening of the polls in the voting precinct, ward or town in which such person is entitled to vote, if the employee makes application for leave of absence during such period (Ch. 149, Sec. 178).

Michigan
Michigan does not have a voting leave law.

Minnesota
All employers are covered.  Every employee who is eligible to vote in an election has the right to be absent from work for the time necessary to appear at the employee’s polling place, cast a ballot, and return to work on the day of that election, without penalty or deduction from salary or wages because of the absence. An employer or other person may not directly or indirectly refuse, abridge, or interfere with this right or any other election right of an employee (Sec. 204C.04, Subd. 1, as amended by Ch. 201 (H. 3108), L. 2009, enacted April 1, 2010). “Election” means (Sec. 204C.04):

1. a regularly scheduled state primary or general election;

2. an election to fill a vacancy in the office of U.S. senator or U.S. representative; or

3. an election to fill a vacancy in the office of state senator or state representative.

Mississippi
Employees may not, at the expense of the employer in whole or in part, take any part whatever in any election campaign, except the necessary time to cast their vote (Sec. 23-15-871).

Missouri
All employers are covered under Missouri's voting leave law. Employers must provide employees three hours paid time off between the time of opening and closing of the polls in which to vote, unless there are three successive nonworking hours during the time the polls are open (Sec. 115.639). Employers may require that employees apply for voting leave prior to election day (Sec. 115.639). Employers may specify the hours that the employee may be absent (Sec. 115.639). Employers may make deductions from the salary or wages of an employee if the employee failed to vote after taking time off for that purpose (Sec. 115.639). Missouri's voting leave law does not specify any deadlines for employers; however, employees must apply for voting leave prior to election day (Sec. 115.639).

Montana
Montana does not have a voting leave law.

Nebraska
All employers covered. Employers must provide employees up to two consecutive hours paid time off between of the opening and closing of the polls in which to vote, unless there are two consecutive nonworking hours that the polls are open (Sec. 32-922). Employers may require that employees apply for voting leave prior to election day (Sec. 32-922). Employers may specify the hours that the employee may be absent (Sec. 32-922).

Election workers. Any person who is appointed in any county to serve as a judge or clerk of election, a precinct or district inspector, a canvassing board member, or any other election worker shall not be subject to discharged from employment, loss of pay, loss of overtime pay, loss of sick leave, loss of vacation time, the threat of any such action, or any other form of penalty as a result of his or her absence from employment due to such service if he or she gives reasonable notice to his or her employer of such appointment. Reasonable notice shall be waived for those persons appointed as judges or clerks of election on the day of election to fill vacancies. Any such person shall be excused upon request from any shift work, without loss of pay, for the hours he or she is required to serve and, if he or she is required to serve eight hours or more, for eight hours prior to and eight hours following the hours he or she is required to serve (Sec. 32-241, as amended by L.B. 548, L. 2003).

No employer shall subject an employee serving as a judge or clerk of election, a precinct or district inspector, a canvassing board member, or any other election worker to coercion, discharge from employment, loss of pay, loss of overtime pay, loss of sick leave, loss of vacation time, the threat of any such action, or any other form of penalty on account of his or her absence from employment by reason of such service, except that an employer may reduce the pay of an employee for each hour of work missed by an amount equal to the hourly compensation other than expenses paid to the employee by the county for such service (Sec. 32-241, as amended by L.B. 548, L. 2003).

Nevada
All employers are covered. Employers must provide employees who do not have sufficient time during nonwork hours to vote sufficient paid time off in which to vote. Employers may determine sufficient time as follows (Sec. 293.463):

(1) one hour, if the distance to the employee's polling place is two miles or less;
(2) two hours, if the distance to the employee's polling place is more than two miles but less than 10 miles; and
(3) three hours, if the distance to the employee's polling place is more than 10 miles.

Employers may require employees to apply for voting leave prior to election day (Sec. 293.463). Employers may specify the hours that the employee may be absent (Sec. 293.463).

New Hampshire
New Hampshire does not have a voting leave law.

New Jersey
New Jersey does not have a voting leave law.

New Mexico
All employers are covered under New Mexico's voting leave law. The voting leave law 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 (Sec. 1-12-42, as amended by Ch. 106 (H. 260), L. 2001, effective June 15, 2001). Employers must provide employees two hours between the opening and closing of the polls in which to vote, unless there are two nonworking hours after the polls open and three nonworking hours before the polls close (Sec. 1-12-42, as amended by Ch. 106 (H. 260), L. 2001, effective June 15, 2001). Also, employers may specify the time that employees may be absent to vote (Sec. 1-12-42, as amended by Ch. 106 (H. 260), L. 2001, effective June 15, 2001). These provisions also apply to elections of Indian nations, tribes or pueblos for a voter enrolled as a member of the Indian nation, tribe or pueblo and who is qualified to vote in the election (Sec. 1-12-42, as amended by Ch. 106 (H. 260), L. 2001, effective June 15, 2001).

New York
All employers are covered under New York's voting leave law. Denying voting leave to an employee is not unlawful if there are four consecutive nonworking hours between the opening and closing of the polls in which to vote (Sec. 3-110). Deducting the wages or salary of an employee is not prohibited if the employee takes more than two hours time off in which to vote (Sec. 3-110). Employers must provide employees who do not have sufficient time outside of working hours up to two hours paid time off in which to vote, unless there are four consecutive nonworking hours between the opening and closing of the polls. However, if an employee needs more than two hours in which to vote, the employer is not required to pay the employee for such time off (Sec. 3-110). Employers may require that employees apply for voting leave not more than 10 nor less than two working days prior to election day (Sec. 3-110). Employers may specify that employees take voting leave at the beginning or end of the working day, unless otherwise mutually agreed (Sec. 3-110). Employers must post in a conspicuous place notices setting forth requirements for compliance with New York's voting leave law 10 days prior to election day (Sec. 3-110). http://www.elections.ny.gov/NYSBOE/elections/AttentionEmployees.pdf

North Carolina
North Carolina does not have a voting leave law.

North Dakota
All employers are covered under North Dakota's voting leave law. Employers must provide employees enough time off in which to vote when regular work hours conflict with voting during the time the polls are open (Sec. 16.1-01-02.1).

Ohio
All employers are covered under Ohio's voting leave law. Employers must provide employees reasonable time in which to vote on election day (Sec. 3599.06).

Oklahoma
Employers covered under Oklahoma's voting leave law include corporations, firms, associations and individuals (Sec. 7-101). Denying an employee voting leave is not prohibited if there are three or more nonworking hours during the time the polls are open in which to vote (Sec. 7-101). Denying an employee voting leave for a school board or bond election is not prohibited (Sec. 7-101). Employers must provide employees two hours paid time off between the time of opening and closing of the polls in which to vote, unless there are three or more nonworking hours during the time the polls are open (Sec. 7-101). Also, if an employee needs additional time in which to vote due to distance of the employee's voting place, employers must provide sufficient time for the employee to vote (Sec. 7-101). Employers may require that employees apply for voting leave prior to election day (Sec. 7-101). Employers may specify the time that the employee may be absent (Sec. 7-101). Employers may require that employees prove that a vote was cast in order to be compensated for voting leave (Sec. 7-101).

Oregon
Oregon does not have a voting leave law.

Pennsylvania
Pennsylvania does not have a voting leave law.

Puerto Rico
Election day is a legal holiday in Puerto Rico. Puerto Rico's voting leave law covers every employer of a continuous operation firm in operation on the day of a referendum, plebiscite or election (Sec. 3237). Every employer of a continuous operation firm in operation on the day of a referendum, plebiscite or election must take positive action to establish shifts that will allow the employees to go to the polls between 8:00 a.m. and 3:00 p.m. (Sec. 3237). Employees of both private and public employers have a right to exercise their right to vote without impediment. An employer whose business remains open on election day must establish work shifts that allow employees to go to their corresponding polling places during the hours in which they are open for voting and must allow employees to be granted the time off from work that is reasonably necessary to exercise the right to vote, considering, among other factors, the distance between the workplace and the polling center (Section 6.001 of Act 78 (H. 1863), L. 2011).

Rhode Island
Rhode Island does not have a voting leave law.

South Carolina
South Carolina does not have a voting leave law.

South Dakota
All employers are covered under South Dakota's voting leave law. Denying an employee voting leave is not prohibited if there are two consecutive nonworking hours during the time the polls are open in which to vote (Sec. 12-3-5). Employers must provide employees two consecutive hours paid time off between the opening and closing of the polls in which to vote, unless there are two consecutive nonworking hours during the time the polls are open (Sec. 12-3-5). Employers may specify the time that the employee may be absent (Sec. 12-3-5).

Tennessee
All employers are covered under Tennessee's voting leave law. Any person entitled to vote in an election held in Tennessee may be absent from any service or employment on the day of the election for a reasonable period of time, not to exceed three hours, necessary to vote during the time the polls are open in the county where the person is a resident (Sec. 2-1-106(a)). A voter who is absent from work to vote in compliance with this section may not be subjected to any penalty or reduction in pay for such absence (Sec. 2-1-106(b)). If the tour of duty of an employee begins three or more hours after the opening of the polls or ends three 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 (Sec. 2-1-106(c)). The employer may specify the hours during which the employee may be absent. Application for such absence shall be made to the employer before twelve o'clock noon of the day before the election (Sec. 2-1-106(d)).

Voting machine technicians. Voting machine technicians appointed by the county election commission who perform duties on a part-time basis and who have other full-time employment must be excused without pay from their full-time employment for the day(s) required for the performance of the technician's duties. An employer may not require the technician to use vacation time or other leave time days while on voting machine duty, effective April 15, 1998 (Sec. 2-9-103, as amended by S. 2281, L. 1998).

Texas
All employers are covered under Texas' voting leave law. Denying an employee voting leave is not prohibited if there are two nonworking hours during the opening and closing of the polls in which to vote (Sec. 276.004). Employers must provide employees paid time off between the opening and closing of the polls in which to vote, unless there are two nonworking hours during the time the polls are open (Sec. 276.004).

Utah
All employers are covered under Utah's voting leave law. Denying an employee voting leave is not prohibited if there are three or more nonworking hours between the opening and closing of the polls in which to vote (Sec. 20A-3-103). Employers must provide employees up to two hours paid time off between the time the polls open and close in which to vote, unless there are three or more nonworking hours during the time the polls are open (Sec. 20A-3-103). Employers may require that employees apply for voting leave prior to election day (Sec. 20A-3-103). Employers may specify the hours that the employee may be absent. However, if an employee requests voting leave at the beginning or end of the work shift, employers are required to grant that request (Sec. 20A-3-103).

Vermont
Vermont does not have a voting leave law, but the state does have a law giving employees the right to attend town meetings. Subject to the essential operation of a business or entity of state or local government, which shall prevail in any instance of conflict, an employee shall have the right to take unpaid leave from employment under this section or Sec. 472(b) of this title for the purpose of attending his or her annual town meeting, provided the employee notifies the employer at least seven days prior to the date of the town meeting (Sec. 472b(a), as amended by Act 31 (H. 99), L. 2013, effective July 1, 2013).

Virgin Islands
Residents of the U.S. Virgin Islands are U.S. citizens and may vote in primaries, but not in Presidential/Vice Presidential elections.  Residents may vote for a non-voting Representative in the U.S. House of Representatives.  (a) The day on which general elections are held shall be a legal holiday in the Virgin Islands, while all primary elections shall be held on a Saturday. All employees who are required to work on those days shall be entitled to two hours off from their jobs without loss of pay to vote in all primaries and elections, provided that they notify their employers before such primaries or elections of their intention to be absent for the purpose of voting.

(b) No part of any day fixed for the performance of any duties by any person or official under this title shall be deemed a Sunday or other legal holiday so as to affect the legality of any work done for the purpose of carrying out the provisions of this title, or the right of any person to any compensation herein provided for rendering any service required hereby, or so as to relieve any person from doing on such day whatever is necessary for such purposes, and such services are hereby declared to be necessary public services.
[Sec. 3, amended by Act No. 6246, L. 1998, eff. 7/30/98.]

Virginia
Virginia does not have a voting leave law, but there are provisions regarding absentee ballots for employees (Code of Virginia, Title 24.2, Chapter 7, Article 5). Also, there are provisions prohibiting employment discrimination against officers of elections (Sec. 24.2-118.1).

Absentee ballots. Any person who, in the regular and orderly course of his or her business, profession or occupation, will be at his or her place of work for 11 or more hours of the 13 hours that the polls are open, may vote by absentee ballot in any election in which they are qualified to vote. Such a person's application for an absentee ballot must contain the name of his or her business or employer, address of his or her place of work, and hours he or she will be at the workplace on election day (Secs. 24.2-700 and 24.2-701, as amended by Ch. 378 (S. 315), L. 2000, effective July 1, 2000).

Officers of elections. Any person who serves as an officer of election shall neither be discharged from employment, nor have any adverse personnel action taken against him or her, nor shall he or she be required to use sick leave or vacation time, as a result of his or her absence from employment due to such service, provided he or she gave reasonable notice to the employer of such service. No person who serves for four or more hours, including travel time, on his or her day of service shall be required to start any work shift that begins on or after 5:00 p.m. on the day of his or her service or begins before 3:00 a.m. on the day following the day of service. Any employer violating the provisions of this section shall be guilty of a Class 3 misdemeanor (Sec. 24.2-118.1, as added by Ch. 790 (H. 1840), L. 2004, enacted March 26, 2005).

Washington
All employers are covered under Washington's voting leave law. Denying an employee voting leave is not prohibited if there are two consecutive nonworking hours when the polls are open in which to vote (Sec. 49.28.120). Denying an employee voting leave is not prohibited if there is sufficient time to secure an absentee ballot (Sec. 49.28.120). Employers must provide employees up to two hours paid time off between the opening and closing of the polls in which to vote, unless there are two consecutive nonworking hours during the time the polls are open or the employee has sufficient time to secure an absentee ballot (Sec. 49.28.120).

West Virginia
All employers are covered under West Virginia's voting leave law. Denying an employee paid voting leave is not prohibited if there are three consecutive nonworking hours in which to vote during the time the polls are open (Sec. 3-1-42). Employers must provide employees up to three hours paid time off between the opening and closing of the polls in which to vote, unless there are three consecutive nonworking hours during the time the polls are open (Sec. 3-1-42). Employers may require that employees apply for voting leave in writing and three days prior to election day (Sec. 3-1-42). Employers may deduct the wages or salary of an employee if the employee take voting leave and elects not to vote (3-1-42).

Wisconsin
Employers covered under Wisconsin's voting leave law include all employers and the state and any of its political subdivisions (Sec. 7.76). Employers must provide employees up to three consecutive hours off between the opening and closing of the polls in which to vote (Sec. 6.76). Employers may require that employees apply for voting leave prior to election day (Sec. 6.76). Employers may specify the time that the employee may be absent (Sec. 6.75).

Wyoming
All employers are covered under Wyoming's voting leave law. Employers must provide employees up to one hour paid time off between the opening and closing of the polls in which to vote (Sec. 22-2-111). Employers may specify the hours, not including meal hours, that the employee may be absent (Sec. 22-2-111). Employers may require employees prove that a vote was cost in order to be compensated for voting leave (Sec. 22-2-111).

 

Published on Wednesday, December 21, 2005 (updated 10/07/2016)

Contact Author

By submitting this form, you accept the Mollom privacy policy.