Most States Require Employee Time Off for Voting

Federal laws vary widely, with 28 states and Washington D.C. currently mandating time off for workers to cast ballots.

Updated on Oct. 31, 2026 in Elections

Bold flat-color editorial illustration depicting a stylized geometric ballot box and pillar, representing state-level voting leave policies. — Twenty-eight states and Washington D.C. mandate employee voting leave, though laws vary significantly on whether that time off must be paid. AI Illustration. Upload story photo >

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Should employers be legally required to provide employees time off to vote on Election Day?

While 28 states and Washington D.C. require employers to provide time off for voting, 22 states have no such mandate. These regulations vary significantly in their requirements for advance notice and whether the leave must be paid or unpaid.

Why it matters

Understanding state-specific voting leave laws is essential for employees balancing work obligations with civic participation. With 17.8% of registered nonvoters citing busy schedules, these policies aim to remove barriers to casting a ballot.

Current laws show 28 states and D.C. mandate voting leave, while 15 of those jurisdictions require advance notice from employees. Seven states do not specify if leave must be paid, and penalties for non-compliance include Arkansas fines up to $250.

The players

Rep. Fitzpatrick

Rep. Fitzpatrick is a U.S. legislator who has introduced multiple bills seeking to establish Election Day as a federal holiday.

The details

Texas law makes preventing an employee from voting a misdemeanor offense, whereas North Dakota encourages voting leave without legally requiring it. Nationwide, 72% of Americans support establishing Election Day as a federal holiday to increase accessibility.

2024: The Census Bureau recorded reasons why registered voters missed elections.
November 2023: Rep. Fitzpatrick introduced a bill to create an election holiday.
January 2025: Rep. Fitzpatrick introduced a subsequent election holiday bill.
October 31, 2026: The report regarding voting leave laws was published.

Political Context

Opponents of federal mandates often argue that voting leave should remain under state jurisdiction rather than being governed by federal policy like the Help America Vote Act. These critics suggest that federal requirements could impose undue burdens on small businesses and local labor markets.

Employees should review their specific state labor codes to determine if they are entitled to paid or unpaid leave for Election Day. Understanding whether your state requires advance notice can help you avoid potential conflicts with your employer.

The takeaway

Voters should confirm their company's internal policy regarding voting leave well before Election Day to ensure they have the necessary time protected. Checking your state's specific laws is the best way to exercise your right to vote without risking your employment status.