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It's Election Day! Does That Mean Paid Time Off for Employees To Vote?


Yes indeed, today is election day.  That means that many employees will be going to the polls before, during, and after their work day.  For those employees who want to go vote during the work day, the question arises, can they?  

Well, like with any good legal question, the answer is, "It depends."  Depending upon what state you are in, employees may be entitled to paid time off to go vote.  A brief overview of which states allow for paid time off, which don't, and which states haven't specifically addressed the issue:


Paid Time Off States
  • Alaska, Arizona, California, Colorado, Hawaii, Iowa, Kansas, Maryland, Minnesota, Missouri, Nebraska, Nevada, New Mexico, New York, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah, Washington, West Virgina, and Wyoming

No Paid Time Off States

  • Alabama, Arkansas, Kentucky, Massachusetts, New Hampshire, North Dakota, and Wisconsin


States That Have No Law on the Issue

  • Connecticut, Washington D.C., Delaware, Florida, Idaho, Indiana, Louisiana, Maine, Michigan, Mississippi, Montana, New Jersey, North Carolina, Oregon, Pennsylvania, Rhode Island, South Carolina, Vermont, and Virginia


As a reminder, for those states that do allow for paid time off to go vote, both employers and employees should remember to consult the law first.  For instance, in California, paid time off is allowed for employees to vote, but the time off must be taken at the beginning or end of the work shift and the employee must give at least two business days notice to the employer that time off will be required to go vote.  Other states, such as Texas, allow for paid time off but only if polls are not open for two consecutive hours outside the employee's work day.


Additional information can be found here:  http://www.findlaw.com/voting-rights-law.html

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