- Twenty-eight states require employers to provide either paid or unpaid leave for voting.
- Some states have notice requirements related to employees’ right to take time off to vote.
- Election Day is November 3, 2026, but many states have in-person early voting that starts mid-October.
Quick Hits
Twenty-eight states and Washington, D.C., require employers to provide time off for employees to vote. Many states also require time off for employees who serve as election officials or voting machine technicians. Some states also require employees to request time off in advance.
For example, Colorado’s law, which took effect on June 1, 2026, mandates up to two hours of paid leave to vote on any day the voter service and polling centers are open, not just on Election Day. In Maryland, employers must provide employees who claim to be registered voters up to two hours of paid leave to vote on Election Day, but only if the employee does not have two consecutive nonworking hours to vote while the polls are open. California’s law prohibits employers from requesting that an employee bring a mail ballot to work or vote with a mail ballot at work.
Employer obligations related to voting do not stop at providing time off. Some states have notice provisions that require employers to display a poster or online information describing employees’ right to take time off to vote.
Like other leave laws, the wide variation in state voting leave laws may make compliance complicated for multistate employers. Using state-specific supplements or addenda to employee handbooks may be helpful for multistate employers to address unique state and local laws. While having state-specific voting leave policies is not generally required, this approach may be the most efficient way to help employees and managers navigate these situations. Additionally, employers may want to consider training managers on how to respond to employee requests for time off in these scenarios, regardless of whether jurisdiction-specific policies are used.
From a practical perspective, maintaining adequate staffing can obviously be a concern for certain industries or corporate units that operate 24/7, including many healthcare facilities, hospitality businesses, manufacturing facilities, convenience stores, and gas stations. To permit time off to vote while the polls are open, employers may consider options like shift adjustments, shift swapping, or extra staffing on Election Day.
Next Steps
Employers may want to review their employee handbooks and written policies to ensure they comply with applicable state and local laws on voting leave. They may also wish to train managers to properly handle requests for time off to vote.
Ogletree Deakins’ Leaves of Absence and Multistate Advice and Counseling Practice Groups will continue to monitor developments and will post updates on the Leaves of Absence, Multistate Compliance, and State Developments blogs as additional information becomes available.
In addition, the Ogletree Deakins Client Portal covers legal developments in state and major locality voting and election leave laws. Premium-level subscribers have access to comprehensive law summaries and policies; Snapshots and Updates are complimentary for all registered client users. For more information on the Client Portal or a Client Portal subscription, please email clientportal@ogletree.com.
Lucas J. Asper is a shareholder in Ogletree Deakins’ Greenville office.
This article was co-authored by Leah J. Shepherd, who is a writer in Ogletree Deakins’ Washington, D.C., office.
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