Time to Vote: A Guide to Paid Time Off on Election Day

With the Presidential Election around the corner, folks are hopefully planning to vote on Tuesday, November 5th, 2024. However, for many hourly employees, the question of how to balance voting with precious time off is a serious one. Time off is often stored away for travel, family, or simply recharging, and taking time off to vote might feel like a trade-off. But in some states, employers are required to provide time off specifically for voting.

Let’s break down how payroll professionals can navigate these rules, ensuring compliance while helping employees make their voices heard.

Federal vs. State Law 

While Election Day is a national event, the laws that grant employees time off aren’t governed at the federal level. There’s no federal law requiring employers to give workers time off to vote. However, 30 states and the District of Columbia do have such laws in place, and these laws come with a variety of stipulations.

In some states, time off to vote must be paid, while in others, it can be unpaid. Additionally, there are differences in how much time employees can take, whether advance notice is required, and whether employers can request proof of voting.

The Role of Payroll

Payroll processors can play a vital role in ensuring that companies can stay compliant with state laws. That means carefully supporting the setup for specific state regulations. Here are key factors to consider:

• Paid vs. Unpaid Leave: Some states require paid time off, while others do not. Payroll systems should offer ways to differentiate payment for this time.
• Amount of Time Off: Be clear on how much time an employee is entitled to take.
• Shift Considerations: If polls are open before or after an employee’s shift, the need for time off may differ.
• Notice Requirements: Some states require employees to notify their employer in advance if they plan to take time off to vote.
• Designated Voting Hours: Can employers specify when employees take their voting time?
• Proof of Voting: Certain states allow employers to request proof of voting, but others do not; be cautious and verify the legality of this request before making it.

For states like California and New York, employers must also post notices informing employees about their right to take time off to vote. As a payroll expert, ensuring this is handled is another step toward compliance. 

A Closer Look at State Variations

For companies, it’s important to keep track of the varied laws across states. For example:

• California mandates paid time off for up to two hours, provided it’s at the beginning or end of a shift.
• Texas requires paid time off unless the employee has at least two consecutive non-working hours while polls are open.
• New York allows up to three hours of paid time off, but advance notice is required.

Understanding these details helps avoid confusion and ensures compliance in a multi-state workforce.

For workers in states like Connecticut and North Carolina, there are no laws entitling them to time off to vote on Election Day. In these, and several other states without such protections, employees may want to consider early voting or mail-in ballots to ensure they can cast their votes without needing to miss work.

‍States where employers are mandated to give some amount of time off for employees to vote (23 total)

Alaska, Arizona, California, Colorado, District of Columbia, Hawaii, Illinois, Iowa, Kansas, Maryland, Minnesota, Missouri, Nebraska, Nevada, New Mexico, New York, Ohio, Oklahoma, South Dakota , Tennessee, Texas, Utah, West Virginia, Wyoming

States that allow time off, but the time is unpaid (6 total)

Alabama, Arkansas, Georgia, Kentucky, Massachusetts, Wisconsin

The remaining states don't have policies in place for workers on Election Day. 

Get out and Vote! 

At the end of the day, voting is more than just a few hours off of work: it’s a civic duty. Employers across the country have the opportunity to support the workforce in a meaningful way, ensuring that everyone can participate in the democratic process. By setting up clear, supportive policies and making sure employees feel empowered to vote, we contribute to a culture of civic responsibility. 

So, as Election Day approaches, take the time to review your policies and communicate the importance of voting to your workforce. After all, payroll is about more than just numbers—it’s about supporting people.

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Links:

• California: California law allows employees up to two hours of paid time off to vote if they do not have sufficient time outside of working hours. This time off must be taken at the beginning or end of the shift unless otherwise agreed upon. Link‍
• Texas: Texas law requires employers to provide paid time off to vote unless employees have at least two consecutive non-working hours while the polls are open. Link‍
• ‍New York: New York law allows employees up to three hours of paid time off to vote, provided they notify their employer at least two working days in advance. Link‍
• North Carolina: North Carolina does not have a law which requires an employer to grant its employees leave, either paid or unpaid, to vote. Link‍
• Connecticut: No Connecticut laws require companies to give workers time off to vote. Link