State Laws: Time Off to Vote
With Election Day coming up on Nov. 5, employers need to stay aware of state laws that guarantee workers time off to vote. There's no federal law requiring employers to give workers time off to vote, but 30 states and the District of Columbia have such laws.
Employers in California, District of Columbia, and New York must post a mandatory notice regarding employees’ right to time off to vote. Please see the last section below for more information.
Are we obligated to give employees time off of work to vote?
SHRM HRQA
Create your own Time Off to Vote chart with SHRM's interactive tool.
Multistate Laws Comparison Tool
SHRM
Law Firm Resources
You Have the Right to Vote: But, do I Have to Give you the Time off? Pay you? Maybe.
Bricker | Apr 2024
An Election Year Reminder to Employers: Know Your State’s Voting Leave Laws
Maynard Nexsen | Mar 2024
Election Season in the Workplace: Employers’ Essential FAQs for 2024
Fisher Phillips | Jan 2024
Follow this topic: Voting Leave
JD Supra | On-going Updates as Applicable
Charts/Resources
Create your own Time Off to Vote chart with SHRM's interactive tool.
Multistate Laws Comparison Tool
SHRM
2024 Primary Elections Calendar
NBC News
2024 United States Elections
Wikipedia
Elections and Campaigns
NCSL
Newer State Laws
GA update: Voting leave, no sunset on Kin Care
Constangy | Sep 2023
Puerto Rico's New Electoral Code Creates Two Hours of Paid Voting Leave
Littler | Aug 2020
New Voting Leave Laws in New York State and Washington D.C.
Proskauer | May 2020
Samples and Tools
(Please use as a guideline only. You must ensure your policy complies with relevant state law.)
Voting Leave Policy
SHRM
California Voting Leave Policy
SHRM
State Posting Requirements: California | District of Columbia | New York
California Mandatory Posting: Time Off to Vote
Employers must post the employee notice 10 days before a statewide election.
District of Columbia Mandatory Posting: Time Off to Vote
Note: As of 6/6/24, the DCBOE site had been updated through the primary election only.
This notice must be posted conspicuously at all sites where employees report to work and on the employer's website, if applicable.
New York Mandatory Posting: Time Off to Vote
At least 10 working days prior to every election day, all employers must post in a conspicuous place notices setting forth requirements for compliance with New York's voting leave law. Such notice shall be kept posted until the close of polls on election day.
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