With just over two weeks to go before the general election, US citizens are faced with some big decisions. Aside from choosing which candidate they want to be president, voters need to address the logistical challenges associated with getting there in the first place — and some states make this a lot easier than others.
While a number of states require companies to offer voting leave to their workforce — either on a paid or unpaid basis — the policy isn’t mandated federally. This can have a huge impact on voter turnout, with conflicting work and school schedules being cited as the number one reason for voter absenteeism.
To help you understand your rights, this guide breaks down the voting leave laws in all 50 states. We also offer practical advice for talking to your employer, to ensure that your state’s time-off policy doesn’t interfere with your paycheck, or your right to vote.
Is Your Employer Legally Required to Give You Time Off to Vote?
Federal law does not mandate that US employers provide time off for their employees to vote. So, your right to access voting leave will depend on the state you live in and the company you work for.
The majority of polling places open at 7 am and close at 7 pm — with some states like New York extending their close time to 9 pm — giving most workers the chance to cast their vote in person before their shift starts or after it finishes. Yet, for some full-time workers, squeezing in a trip to the polling station isn’t always a possibility — especially if they’re burdened with extra parental or caring responsibilities.
What’s more, with no opportunities to vote online for the general election, letting workers vote during the business day is a crucial step in reducing barriers to voting. Fortunately, the majority of states require companies to offer some form of unpaid, or paid time off (PTO) for workers looking to exercise their rights. Read on to find out what rights you’re entitled to this election season.
Which US States Are Giving Workers Time Off to Vote?
Currently, under half (20) of US states mandate companies to give workers paid time off to vote in elections, while 12 let workers take time off without pay. Check out the map below to see what category your state falls in at a glance, or scroll down for the full lists.
States that mandate paid time off for voting
The 20 states that require companies to offer paid time off to their employees include: Alaska, Arizona, California, Colorado, Delaware, the District of Columba, Florida, Kansas, Maryland, Minnesota, Missouri, Nebraska, New Mexico, South Dakota, Texas, Utah, Virginia, Washington, West Virginia, and Wyoming.
While employees working in the states listed above are legally entitled to PTO when they vote, every state has certain stipulations. Except for Minnesota, which doesn’t place any specific time limits on the activity, these states grant employees with up to one to three hours of paid leave, so check your state’s individual policy before booking off time.
States that mandate unpaid time off for voting
12 states currently mandate unpaid time off for employees, including: Alabama, Arkansas, Illinois, Georgia, Hawaii, Kentucky, Massachusetts, Oklahoma, Ohio, South Dakota, Tennessee, and Wisconsin.
Like the states that offer PTO for voting, there are certain stipulations around taking unpaid leave if you work in the states above. Except for Ohio, which doesn’t specify the amount of time workers are eligible to take off, the states let you take anywhere from one to three successive hours out of the day.
States that don’t currently mandate any time off for voting
If you live in the following 18 states, your company isn’t legally required to give you any time off work for voting: Connecticut, Idaho, Indiana, Louisiana, Maine, Michigan, Mississippi, Montana, New Hampshire, New Jersey, North Carolina, Oregon, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia, and Washington.
While it’s true that these states are currently free from voting leave laws, companies operating in these regions can still offer their employees the privilege without being legally coerced. To find out if your company is one of them, we’d recommend checking its employee handbook or reaching out to a manager or a member of its HR department.
How To Ask Your Employer for Voting Leave
If you live in one of the states that lack a time off policy for voting, and your company doesn’t currently offer the perk, you’re not completely out of luck. Ten US states, including Colorado, Florida, and Louisiana, currently offer opportunities for early voting, affording citizens the opportunity to vote in advance, when they have more time on their hands.
What’s more, if your employer doesn’t currently offer time off for voters, this doesn’t mean there can’t be exceptions. In most cases, companies are willing to make a one-off exception if you ask them ahead of time. We’d recommend talking to your line manager directly if you have a good relationship with them or writing a formal request to your supervisor or a member of your HR department.
Whether you’re breaching the subject in person or in writing, you should mention why you need the time off, how long you’ll need it, and from what times you’ll be absent. To sweeten the deal, we’d also advise telling them you can make up the hours if necessary and provide them with proof of voting if required.
Asking superiors for favors can be a nerve-wracking prospect, but it often pays dividends. If you want to take this opportunity to arrange a more flexible working arrangement too, read our guide on how to ask to work from home remotely in 2024.
