What HR Needs to Know About Paid Time Off for Voting in 2026

As Election Day approaches, employers have an important opportunity to ensure employees can exercise their right to vote while understanding their obligations around voting leave.

For HR teams, that means not just reminding employees to get to the polls, but also understanding state and local requirements for voting leave, determining whether that time must be paid, and having clear procedures in place for handling requests.

Although no federal law requires private employers to provide voting leave, 28 states and the District of Columbia impose some form of voting leave requirement. Those laws differ in how much time employees can take, whether leave must be paid, when it can be used, and what notice employers and employees must provide.

At the same time, many employers offer paid voting leave even when it is not legally required. According to SHRM’s 2026 Employee Benefits Survey, 46% of employers said they offer paid time off to vote, down from 51% in 2025. And 39% of employers offer unpaid time off to vote, beyond legal requirements, down from 45% in 2025. 

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For HR, step one is to determine which rules apply to their workforce and whether existing policies meet those requirements, said Daniel Jacobs, a principal with Jackson Lewis in New York City.

“Employers should first analyze whether applicable law provides for paid or unpaid voting time and any related employer obligations to notify employees of their rights and employee obligations to request time off in advance,” he said.

Understand Legal Requirements 

Voting leave laws can impose different requirements on employers, including whether employees are entitled to paid or unpaid time away from work, how much time they can take, and whether they must notify their employer in advance.

Employers should determine whether existing paid time off (PTO) policies meet those requirements. Even when the law doesn’t require PTO for nonexempt employees, state or local rules may affect whether employees can use accrued PTO. “To the extent the partial day time off need not be paid by law for non-exempt employees, employers that don’t otherwise intend to provide paid time off as a matter of company policy should ensure compliance with state or local laws allowing or permitting use of paid time off benefits,” Jacobs said.

Another consideration is early voting. Employees may head to the polls before Election Day, but employers shouldn’t assume the same rules necessarily apply to every early-voting scenario.

“Employers also should be mindful of potential ambiguities in relevant laws as it relates to voting on early voting days and whether such instances are covered by applicable laws,” Jacobs said. 

For HR teams with employees in multiple states or localities, this may require reviewing the relevant rules jurisdiction by jurisdiction and coordinating with legal counsel when the requirements are unclear.

How Employers Should Prepare

Knowing the law is one thing; making sure the workplace is ready is another.

That preparation should include reviewing required notices and workplace postings, and communicating with employees. HR also should determine whether the applicable law allows employers to specify when an employee can take voting leave, such as at the beginning or end of a shift. 

“Employers should determine notice, posting and payment obligations that they must comply with,” Jacobs said.

Employers should also make sure they have a process in place for responding to employee requests including evaluating whether relevant laws allow an employer to pick the timing of time off provided, Jacobs said. 

Communicating that information to employees — and managers — is just as important. 

Meeting legal requirements is the starting point, but employers also can consider how their approach to voting leave affects the employee experience. 

Providing clear guidance and a straightforward request process can help employees understand their options and plan around work responsibilities. But perhaps just as important, providing paid time off for voting may help improve morale and employees’ mental health by giving them a sense of control — especially since election season can result in increased stress and anxiety.

“The election can bring significant anxiety and stress, and the workplace climate can make the difference between a person finding healthy ways to reduce and manage that stress, or becoming even more affected in ways that can reduce retention, productivity, and satisfaction,” said Alan Jacobson, a licensed psychologist in Westwood, Mass.