Upcoming 2026 Elections: Employee Voting Leave Requirements

With State primary elections occurring throughout 2026 and the nationwide general election scheduled for November 3, employers should review applicable state and local requirements for employee time off to vote.

There is no federal requirement that private employers provide voting leave, but 28 states and the District of Columbia have laws requiring some form of voting leave and may address the amount of time available, whether the time is paid, when the leave may be taken, employee notice, and required employer postings.
Because polling hours vary by jurisdiction, employers should not assume that an employee can vote outside of working hours.
Employers should allow employees reasonable time to vote consistent with applicable state and local requirements.
Even when voting leave is not legally required, employers should handle employee requests consistently with applicable company policies and avoid retaliation or other adverse action related to an employee’s lawful voting or political activity.
Where permitted by law, employers may schedule voting time at the beginning or end of the employee's workday, or otherwise adjust the employee's schedule, to minimize disruption to business operations while ensuring the employee has sufficient time to vote before voting locations close.
Employees may also request to use available PTO or vacation time for voting, subject to applicable law and the employer's leave policy; however, employers should not substitute PTO for a separate voting-leave entitlement where state or local law provides one.

Selected State Voting-Leave Requirements

The following summarizes key requirements in jurisdictions highlighted in recent 2026 guidance. This is not an exhaustive 50-state survey.

State / Area

Key Requirement

Alaska

Paid time necessary to vote unless the employee has two consecutive nonworking hours while polls are open.

California

Necessary time to vote when the employee lacks sufficient nonworking time; up to 2 hours are paid. Generally taken at the beginning or end of the shift.

Colorado

Up to 2 hours of paid leave when voting centers are open, unless the employee has at least three consecutive nonworking hours available. Employer may schedule the time but must accommodate beginning/end-of-shift requests. Applies to days when voter service and polling centers are open.

District of Columbia

At least 2 hours of paid leave to vote in person. Employer may establish the time, including requiring use of early voting. Advance posting and individual notice requirements apply, including special requirements for remote employees.

Georgia

Up to 2 hours of unpaid leave for advance in-person voting or Election Day voting. Employer may specify the hours. Reasonable advance notice is required.

Kentucky

Unpaid leave of at least 4 hours while polls are open. Up to 4 hours may also be available for certain absentee-ballot activities. Employer may specify the hours, and advance application is required.

Maryland

Up to 2 hours to vote if the employee does not have two continuous nonworking hours while polls are open. Leave is paid when the employee provides proof of voting or attempted voting.

Minnesota

Paid time necessary to vote and return to work. The law does not establish a specific number of hours or an advance-notice requirement.

Nevada

Paid voting leave when sufficient nonworking time is unavailable. Generally 1–3 hours, depending on the distance between the workplace and polling location. Advance application is required.

New York

Up to 2 hours of paid leave when the employee lacks four consecutive nonworking hours while polls are open. Employer generally designates the beginning or end of the shift. Advance employee notice and employer posting requirements apply.

Texas

Employees may not be prohibited from taking time off to vote. The statute does not establish a specific number of hours; paid time is generally required when the employee does not have two consecutive nonworking hours while polls are open.

Wisconsin

Up to 3 consecutive hours of unpaid leave to vote. Employer may designate when the leave is taken, and advance notice is required.

As Election Day approaches, employers should contact the C2 HR Team with questions about voting-leave requirements applicable to employees in specific work locations. Because voting-leave laws are jurisdiction-specific, employers should not assume that a policy or practice that applies in one state will satisfy requirements in another.

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