Overview
This topic provides an overview of the state requirements for voting time. The majority of states require employers to provide their employees with time off from work to vote in an election. Employers in these states may not take adverse employment action against employees who take time off for this purpose, although some states require employees to provide advance notice to be eligible for protected leave. There is no corresponding federal law requiring time off to vote in an election. Therefore, only state requirements apply.
Questions Answered
- Are employers required to grant voting leave to employees?
- How much voting time must an employee be given?
- Is an employer required to pay an employee for time off to vote?
- Are there voting time notice requirements for employers or employees?
Additional Information
Even when state law allows voting leave to be unpaid, an employer may not deduct from or reduce the salary of exempt employees (e.g., employees not eligible for overtime pay) who take time off to vote. Such a deduction would violate the salary basis requirement for exemption under the federal Fair Labor Standards Act and result in the loss of the exemption.