Election 2025: Employer Guide to State + Local Employee Voting Leave Laws

TAKEAWAYS

• Know your state’s rules: Voting leave requirements vary widely — some mandate paid time off, others unpaid, and several include posting or notice obligations.
• Review and update practices annually: State laws change frequently — conduct a yearly compliance review ahead of each election cycle.
• Remember remote workers: Voting leave laws generally depend on the employee’s work location, not the company’s headquarters.
• Build goodwill via compliance: Supporting employees’ right to vote not only avoids penalties but also fosters a culture of civic engagement and trust.

ARTICLE

As Election Day 2025 approaches, employers should ensure compliance with state and local laws governing employee voting leave. While not all jurisdictions require employers to provide time off to vote, many do—often with specific conditions related to notice, pay and posting obligations. Failure to comply with these requirements can result in civil or even criminal penalties.

Given the continuing evolution of state election and voting leave laws, employers are encouraged to review their practices annually to confirm they remain compliant and to ensure all employees are properly advised of their rights related to time off and, as applicable, pay to vote.

Understanding State-Specific Obligations

Employer obligations vary significantly by state. Some states mandate paid time off for voting, including early voting or absentee ballot submission. Others allow this time to be unpaid. The specifics can differ widely, including:

• Amount of time: The required amount of time off can vary. Some states specify a set number of hours, while others require “sufficient” time to vote.
• Work hours consideration: In some states, if employees have sufficient time to vote outside of work hours, employers may not be obligated to provide additional time off.
• Scheduling: Employers may have the right to dictate when the time off is taken, such as at the beginning or end of the workday.
• Notice and posting requirements: Certain jurisdictions require employers to post notices informing employees of their voting leave rights.
• Election officials and elected office: Some states also require employers to provide time off for employees serving as election officials or in elected positions.

Note that applying these specifics to expanded early voting often is not clear.

Best Practices for Employers

To ensure compliance and support employee participation in the election, employers should:

1. Regularly review practices: Ensure they align with current laws and be prepared to address employee requests for time off before election day.
2. Consider remote employees: Understand how state laws apply to remote employees; the rise of remote work may afford employers more flexibility in meeting voting leave obligations.
3. Address posting requirements: Ensure that any required notices about voting leave rights are posted in accordance with state laws, which may include digital postings for remote employees.
4. Promote employee morale: Consider creating a culture that encourages voting and ensures compliance with all relevant policies; employees’ right to vote can positively impact morale.

By staying informed and proactive, employers can navigate the complexities of voting leave requirements and support their employees’ civic engagement during the 2025 election.

Sampling of State Law Requirements 

California: Pursuant to California Election Code § 14000, an employee who does not have sufficient time outside of working hours to vote at a statewide election may take off enough working time that, when added to the voting time available outside of working hours, will enable the voter to vote without loss of pay. 

Colorado: Colorado Revised Statute §1-7-102 provides that eligible voters are entitled to be absent from work for up to two hours for the purpose of voting on election day, unless the employee has at least three nonworking hours to vote while the polls are open.

District of Columbia: Under D.C. Official Code § 1-1001.07a, eligible voters are allowed at least two hours of paid leave to vote in person or, if the employee is not eligible to vote in the District, in any election run by the jurisdiction in which the employee is eligible to vote.

Florida: Fla. Stat. § 104.081 provides that employers cannot fire an employee for voting; otherwise, no law requiring employee time off to vote. Employer may specify the hours during which employee may be absent.

Illinois: Under Illinois Statute 10 ILCS 5/17-15, an eligible voter is allowed time off for a period of up to two hours between the time the polls open and close.

Iowa: Under Iowa Code § 49.109, eligible voters are allowed two voting hours when polls are open, unless employee has two consecutive nonworking hours when polls are open to vote.

Kentucky: Pursuant to Kentucky Revised Statute § 118.035, eligible voters are allowed reasonable time to vote, but not less than four hours while polls are open. Employees are also allowed up to four hours’ absence on the day of appearing before the county clerk, during business hours, to request an application or execute an absentee ballot. Employer may specify hours during which an employee may absent themselves.

Missouri: Under Mo. Rev. Stat. §115.639, eligible voters are entitled to three hours to vote, unless polls are open during three successive nonworking hours.

Nebraska: Under Neb. Rev. Stat. § 32-922 eligible voters are allowed up to two hours to participate in all elections, unless polls open two consecutive hours before or after work, then the employee is allowed enough time off, when added to free time, to equal two consecutive hours.

Nevada: Under Nev. Rev. Stat. §293.463, eligible voters are allowed “sufficient time” to vote, unless “sufficient time” exists during nonworking hours. Employees must be granted one to three hours to vote, depending on distance to the polls, as follows: One hour, if the distance between the voter’s place of employment and polling place is two miles or less; two hours, if the distance is from two to 10 miles; and three hours, if the distance is more than 10 miles.

New York: New York Election Law §3-110 states that a registered voter who does not have four consecutive nonworking hours to vote while the polls are open may take off so much working time as will enable the person to vote at any election without loss of pay for up to two hours.

Texas: Under Tex. Elect. Code §276.004, an eligible voter is not entitled to any time off if polls are open during two consecutive nonworking hours.

Wisconsin: Wis. Stat. § 6.76, an eligible voter is allowed up to three consecutive hours to vote while polls are open. Employers may designate time of day for absence.

Conclusion | Contact

It is important for employers to check local laws (albeit limited) to ensure compliance with voting leave rights. 

Our team of attorneys at Jackson Lewis is available to assist with any inquiries regarding state and local regulations and best practices to help ensure your organization remains compliant.