Working on election day: Does my boss have to let me go vote?
In many states, your boss is required to take time off to vote.
Since Election Day is not a public holiday, workers must plan how they will vote, especially if their boss makes it difficult for them to do so. However, workers should be aware of their rights, which in some states protect their ability to vote even if it conflicts with their work schedule.
The rules vary from state to state, and some jurisdictions do not offer workers any legal support for taking time off during the workday. Even in states where workers can request time off to vote, the amount of time and notice one must give vary widely, so you will want to ensure the specific restrictions in your home state.
States that allow workers to take time off to vote
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Georgia
- Illinois
- Iowa
- Kansas
- Kentucky
- Maryland
- Massachusetts
- Minnesota
- Missouri
- Nebraska
- Nevada
- New Mexico
- New York
- Ohio
- Oklahoma
- South Dakota
- Tennessee
- Texas
- Utah
- West Virginia
- Wisconsin
- Wyoming
Source: Fisher & Philips
Fisher Phillips, the labor and civil rights-focused law firm, has released a state-by-state guide to help workers understand the law in their state.
States where employers are not required to give workers time off to vote
- Deleware
- Florida
- Idaho
- Indiana
- Louisiana
- Maine
- Michigan
- Mississippi
- Montana
- New Jersey
- Pennsylvania
- Rhode Island
- South Carolina
- Vermont
- Virginia
- Washington
Source: Fisher & Phillips
Workers planning to vote on Election Day, and not early or by mail, should be sure to check how much notice they must give their employer to have the time off approved.
Are employers required to pay?
In California, voters can be paid up to two hours of leave time for voting. However, in several states, including Arkansas and Massachusetts, no compensation is offered. In a handful of other states, pay cannot be docked, but employers are not required to compensate them for the time they take off to vote.
Vote early to avoid issues
Early voting is an option for some workers who will not be allowed to take time off on Election Day. Increasingly, early voting takes place over the weekend, meaning those who work Monday to Friday can cast their ballot without having to fit into their workday.
Read more: 2024 US presidential election: In which states can voters already cast a ballot?