Choosing when to vote is usually about finding that one block of time between your responsibilities at home and at work.
But, in many states, your calculation might also include the fact that, by law, your employer must allow you some time off during the workday to vote, albeit with certain restrictions. (And if you could use free child care to enable you to get out to vote, there may be some options available to you where you live. More on that below.)
Here’s what you need to know:
Which states have voting leave laws?
There is currently no federal law requiring organizations to give their employees time off to vote during working hours.
However, 28 states and the District of Columbia do have such laws. And a 29th state, North Dakota, has a law simply encouraging, but not requiring, employers to provide time off.
The states requiring voting leave be granted are: 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 and Wyoming.
The rules and allowances differ by state, according to law firm Fisher Phillips, which compiled a state-by-state guide for employers.
(You can also look up specific state statutes at Justia.)
How much time can I take?
Among states with voting leave laws, they most typically require employers to allow either one, two or three hours off. But Kentucky allows up to four hours.
Still, several states may disallow such leave if the polls are open for a few consecutive hours before or after an employee’s shift. In New York, for example, “if employees have four consecutive hours between the time the polls open and the start of their shift or between the end of their shift and the time the polls close, they are considered to have enough time to vote outside of their work hours,” Fisher-Phillips notes.
Is time away from work to vote paid time?
Most of the states requiring employers to permit voting leave also require that this time be paid.
Among those that do not require that the time be paid are Alabama, Arkansas, Georgia, Massachusetts and North Dakota.
In Wisconsin, employers may deduct time lost but can’t penalize employees in any other way.
Do I have to notify my employer about my plans?
In many states, yes.
For instance, the leave laws in New York and California require you to give at least two days’ notice. In Oklahoma, three days’ notice is required.
Also, in New York and California, employers are on the hook to provide notice to employees before Election Day about their options. Most states, however, do not impose such a requirement on companies.
Do the laws apply to all employers in all industries?
It seems to be the case in most instances, but check your state’s specific law.
In Massachusetts, for instance, the leave law applies just to “manufacturing, mechanical and mercantile establishments.”
Do time-off laws apply to early voting too?
Again, rules vary by state.
If your state allows for early voting — and, according to the National Conference of State Legislatures, 47 states do, along with the District of Columbia, Puerto Rico, the Virgin Islands and Guam — voting leave rules may or may not apply.
Some statutes explicitly say they apply to early voting — such as in Georgia and Washington, DC. In Kentucky, “eligible employees are entitled to take up to four hours of leave” either to vote or “to apply for or execute an absentee ballot,” according to the state’s statute. And the absentee ballot as described here is a form of early voting. Oklahoma, too, allows time off for in-person absentee voting.
Where is the best information about my options to take time off to vote where I live?
Start by contacting your human resources department at work to find out about your employer’s policy about voting, said Jeanette Senecal, senior director of mission impact at the League of Women Voters.
If you live in a state that does have a time-off-to-vote law, remember that “state law is the floor, not the ceiling (of what is required), and your employer may have a more generous policy,” Senecal said.
Even if you live in a state without a voting leave law, your company may voluntarily permit time during working hours to vote.
You also can find a state-by-state breakdown on a number of voting issues — including time-off laws, polling hours, rules about absentee ballots, how to make a plan to vote, etc. — at Vote411.org.
If you have further questions pertaining to time-off laws or any other voting issues, Senecal suggests contacting the chief election officials where you live. That may be the state board of elections or the secretary of state’s office. They should have essential information on voting rights and rules.
Free child care options to free up parents to vote in several states
As first reported by The 19th, nonprofit organization Politisit and its partners are providing free Election Day child care options across a variety of states, including Alabama, California, Georgia, Maryland, New York, North Carolina, Pennsylvania and Texas.
The reason is simple, Politisit notes on its site: “Making sure every eligible voter can vote is the bedrock of democracy. The cost of childcare can be a barrier to parents voting, especially when a long line or voter intimidation is expected. At Politisit, we believe that parents shouldn’t have to choose between voting and care for their children.”
This story has been updated with additional developments and context.
