Election 2026: Employers’ State + Local Obligations for Employee Voting Time Off
Takeaways
- Private employers in 28 states and the District of Columbia are required to provide some form of voting leave, although leave duration, pay, scheduling, employee notice and posting obligations vary significantly.
- To prepare for Election Day 2026, employers should confirm the requirements that apply to their workforce and calendar employee notice and employer posting deadlines.
- Employers should identify the requirements applicable to employees in each jurisdiction and ensure remote employees receive required notices, including under District of Columbia’s individual notice requirement.
Article
In advance of Election Day and early voting periods, employers should review their voting leave requirements applicable to their workforces. Although no federal law requires private employers to provide voting leave, 28 states and the District of Columbia impose some form of requirement. Generally, the leave laws vary regarding the amount and timing of leave, whether leave is paid, and the applicable employee notice and employer posting obligations. The laws’ application to early voting often is unclear because most jurisdictions’ voting leave laws do not directly address the issue; however, Colorado, Georgia, and D.C. are among the jurisdictions that provide specific guidance.
This article highlights recurring compliance issues, notable requirements for 2026, and selected state laws.
Understanding State-Specific Obligations
Voting leave laws vary across several recurring issues. States may require employers to provide a set number of hours or to allow “necessary,” “sufficient,” or “reasonable” time off, often based on the employee’s nonworking hours while polls are open. Requirements also vary regarding employer control over scheduling, employee notice, employer postings, and whether leave must be paid. Posting deadlines range from 60 days before elections in D.C. to at least 10 days before every statewide election in California, and at least 10 workdays before elections in New York. Some jurisdictions require paid leave, while others provide unpaid leave or condition pay on proof the employee voted or attempted to vote.
Employers should review applicable requirements before each election, identify the jurisdictions in which employees work, and update policies and procedures as needed. Multi-state employers should account for differences in paid and unpaid leave, the amount and scheduling of leave, employee request procedures, and posting obligations. Employers should also ensure that required notices reach remote employees. In D.C., for example, an employer must provide individual notice and obtain a signed acknowledgment of receipt from remote employees, or from nonremote employees when no conspicuous and accessible posting location exists.
Notable Requirements for 2026
Colorado permits voting leave on days when voter service and polling centers are open. Eligible employees may take up to 2 hours of paid leave unless they have at least 3 consecutive nonworking hours on the day for which leave is requested while the polls are open. Employers may specify the hours but must allow leave at the beginning or end of the work shift if the employee requests. Employees must apply before the day the leave will be taken.
D.C. imposes substantial leave and notice obligations. Employers must provide eligible employees at least 2 hours of paid leave to vote in person upon request and may direct employees to use the early voting period. Employers must also comply with advance posting and remote employee notice requirements.
Select State Voting Leave Laws
The following selected jurisdictions illustrate the range of voting leave requirements. Each summary identifies the governing statute and core notice, timing, and pay rules. These examples are illustrative and are not an exhaustive survey.
Jurisdiction | Citation | Summary |
Alaska | Alaska Stat. §§ 15.15.100, 15.56.100 | Employees are entitled to enough paid time to vote, unless they have 2 consecutive nonworking hours while polls are open. The statute is silent on notice requirements. |
| California | Cal. Elec. Code § 14000 | If a voter does not have sufficient time outside working hours, the employee may take enough working time to vote, up to 2 hours are paid. Time off is at the beginning or end of the shift (whichever allows the most free time and the least time off), unless the parties mutually agree otherwise. Employees who know by the third working day prior to the election that time off will be needed must give at least 2 working days’ notice. Employers must post notice not less than 10 days before every statewide election. |
| Colorado | Colo. Rev. Stat. §§ 1-7-102, 1-13-719 | Eligible employees may take up to 2 hours of paid leave on any day voter service and polling centers are open for a general, primary, or coordinated election. Leave is not required if the employee has at least 3 consecutive nonworking hours while polls are open. Employers may specify the hours but must allow the beginning or end of shift if the employee requests. Employees must apply before the day the leave will be taken. |
| District of Columbia | D.C. Code § 1-1001.07a | Employers must provide at least 2 hours of paid leave to vote in person. Employers may specify the hours, including requiring use of the early voting period or the beginning or end of working hours. Employers may require reasonable notice (consistent with existing leave policy or, if no policy exists, no later than 7 days before the election). Employers must post notice 60 days before and until all scheduled elections. For remote workers, employers must provide individual notice and signed acknowledgment of receipt. Anti-retaliation protections apply, and employers may not deduct voting leave from salary, wages, or accrued leave. |
| Georgia | Ga. Code Ann. § 21-2-404 | Employees may take up to 2 hours of unpaid leave for advance in-person voting or election day voting. The employer may specify the hours. Employees must apply with reasonable notice. |
| Kentucky | Ky. Rev. Stat. Ann. § 118.035 | Employees are entitled to reasonable, unpaid time, not less than 4 hours, while polls are open. Employees may also take up to 4 hours to request an application or execute an absentee ballot. Employers may specify the hours of leave. Employees must apply prior to voting day. |
| Maryland | Md. Code Ann., Elec. Law § 10-315 | Employees may take up to 2 hours to cast a ballot, unless they have 2 continuous nonworking hours while polls are open. The leave is paid only if the employee provides proof of voting or attempted voting. The statute is silent on notice. |
| Minnesota | Minn. Stat. § 204C.04 | Employees are entitled to “necessary” paid time to vote (the statute does not specify an amount). The statute is silent on notice. |
| Nevada | Nev. Rev. Stat. § 293.463 | Employees receive paid leave at a time designated by the employer, unless they have sufficient time during nonworking hours. The amount depends on distance to the polling place: 1 hour if within 2 miles, 2 hours if 2-10 miles, and 3 hours if more than 10 miles. The employee must apply prior to election day. |
| New York | N.Y. Elec. Law § 3-110 | Employees may take up to 2 hours of paid leave to vote, unless they already have 4 consecutive nonworking hours while polls are open. Time off is at the beginning or end of the shift as the employer designates, unless mutually agreed. Employees must apply for leave 2-10 workdays before election day. Employers must post notice at least 10 workdays before each election, and the notice must remain posted until polls close. |
| Texas | Tex. Elec. Code Ann. § 276.004 | The statute does not specify the amount of paid leave. No time off is required if polls are open during 2 consecutive nonworking hours. The statute is silent on notice. |
States Without a Private Employer Voting Leave Mandate
Numerous states do not require private employers to provide voting leave. Connecticut most recently joined that group when its temporary voting leave requirement expired in 2024.
Even where voting leave is not required, employers should evaluate requests consistently under applicable policies and consider employee-relations concerns and any protections against retaliation or adverse action based on voting or political activity.
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As the 2026 election approaches, employers, particularly those with remote or multi-state workforces, should review voting leave policies, confirm the requirements applicable to their employees, and calendar employee notice and employer posting deadlines.
Our team at Jackson Lewis can assist with voting leave requirements and compliance practices.
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