Skye Gould/Olivia Reaney/Business Insider
If you’re wondering whether you can come in late or leave work early to cast your vote in the 2018 midterm elections on November 6, the short answer is, it depends on where you work.
Currently, there is no federal law that mandates employers provide their employees time off to cast their ballots. But the majority of US states have time-off-to-vote laws, also referred to as voter-leave laws, and have different requirements and exceptions for employers and employees.
While some states guarantee paid time off, for example, others do not. And the time guaranteed for employees to vote varies state-by-state as well.
Of course, your own employer may offer leave to vote, even if your state does not. In 2016, for example, Patagonia announced that would close all US stores on Election Day in an effort to encourage customers and employees to vote.
But, since not everyone’s employer is so generous, you’d be well-advised to learn about the specific voter leave provisions in your state before the midterms.
Alabama
Time off required
One hour
Paid or unpaid
Unpaid
Notes and exceptions
• Unless employee has at least two hours available before or one hour after work to vote.
• Employee must provide “”reasonable notice”” before taking time off.
• Employer may specify the hours employee can take off.”
Alaska
Time off required
As long as it reasonably takes to vote
Paid or unpaid
Paid
Notes and exceptions
• Unless employee has at least two hours available before or after work to vote.
Arizona
Time off required
Three hours
Paid or unpaid
Paid
Notes and exceptions
• Unless employee has at least three hours available before or after work to vote.
• Employee must provide notice before Election Day.
• Employer may specify the hours employee can take off.”
Arkansas
Time off required
As long as it reasonably takes to vote
Paid or unpaid
Unpaid
Notes and exceptions
• Employer must schedule work hours on Election Day so that employees have enough time to vote.
California
Time off required
Two hours
Paid or unpaid
Paid
Notes and exceptions
• Unless employee has “sufficient” time outside of working hours to vote.
• Time off for voting should be only at the beginning or end of the regular working shift, whichever allows the most free time for voting and the least time off from the regular working shift, unless otherwise mutually agreed.
• Whenever possible, employee must provide at least two working-days’ notice before taking time off.
Colorado
Associated Press/Lynne Sladky
Time off required
Two hours
Paid or unpaid
Paid
Notes and exceptions
• Unless employee has at least three hours available to vote.
• Employee must provide notice before Election Day.
• Employer may specify the hours employee can take off, but employee may request that the time off is at the beginning or end of a work shift.
Connecticut
Time off required
None
Delaware
Time off required
None
District of Columbia
Time off required
None
Florida
Time off required
None
Georgia
Time off required
Two hours
Paid or unpaid
Unpaid
Notes and exceptions
• Unless employee has at least two hours available before or after work to vote.
• Employee must provide “”reasonable notice”” before taking time off.
• Employer may specify the hours employee can take off.
Hawaii
Time off required
Two hours
Paid or unpaid
Paid
Notes and exceptions
• Unless employee has at least two hours available before or after work to vote.
• Time off excludes any lunch break or rest periods.
• If employer can verify employee took leave and failed to vote, employer may make appropriate deductions from employee’s salary or wages.
Idaho
Time off required
None
Illinois
Time off required
Two hours
Paid or unpaid
Unpaid
Notes and exceptions
• Unless employee has at least two hours available before or after work to vote.
• Employee must provide notice before Election Day.
• Employer may specify the hours employee can take off.
• These rules apply to general or special election, not primary.
Indiana
Time off required
None
Iowa
Associated Press/Matt York
Time off required
Three hours
Paid or unpaid
Paid
Notes and exceptions
• Unless employee has at least three hours available before or after work to vote.
• Employee must provide notice before Election Day.
• Employer may specify the hours employee can take off.
Kansas
Time off required
Two hours
Paid or unpaid
Paid
Notes and exceptions
• Unless employee has at least two hours available before or after work to vote.
• Employer may specify the hours employee can take off.
• Time off excludes any regular meal break.
Kentucky
Time off required
Four hours
Paid or unpaid
Unpaid
Notes and exceptions
• Employee must provide notice before Election Day.
• Employer may specify the hours employee can take off.
• If employee takes leave and fails to vote without a valid reason, employee may be subject to disciplinary action.
Louisiana
Time off required
None
Maine
Time off required
None
Maryland
Time off required
Two hours
Paid or unpaid
Paid
Notes and exceptions
• Unless employee has at least two hours available before or after work to vote.
• Employee must provide notice before Election Day.
• Employee must provide proof of voting or attempt to vote.
• Employer may specify the hours employee can take off.
Massachusetts
Time off required
First two hours after polls open
Paid or unpaid
Unpaid
Notes and exceptions
• Applies only to workers in manufacturing, mechanical, or mercantile establishments.
• Employee must apply for a leave of absence for time off.
Michigan
Time off required
None
Minnesota
Time off required
As long as it reasonably takes to vote
Paid or unpaid
Paid
Mississippi
Time off required
As long as it reasonably takes to vote
Paid or unpaid
Not specified
Missouri
Time off required
Three hours
Paid or unpaid
Paid
Notes and exceptions
• Unless employee has at least three hours available before or after work to vote.
• Employee must provide notice before Election Day.
• Employer may specify the hours employee can take off.
Montana
Time off required
None
Nebraska
Time off required
Two hours
Paid or unpaid
Paid
Notes and exceptions
• Unless employee has at least two hours available before or after work to vote.
• Employee must provide notice before or on Election Day.
• Employer may specify the hours employee can take off.
Nevada
Time off required
One to three hours
Paid or unpaid
Paid
Notes and exceptions
• Employees who work two miles or fewer from the polling place may take one hour; two to 10 miles, two hours; more than 10 miles, three hours.
• Employee must provide notice before Election Day.
• Employer may specify the hours employee can take off.
New Hampshire
Time off required
None
Notes and exceptions
• Employee may request an absentee ballot if they must be physically present at work, or in transit to and from work, during the period the polls are open.
New Jersey
Associated Press/John Minchillo
Time off required
None
New Mexico
Time off required
Two hours
Paid or unpaid
Paid
Notes and exceptions
• Unless employee has at least two hours available before or three hours after work to vote.
• Employer may specify the hours employee can take off.
New York
Time off required
Two hours
Paid or unpaid
Paid
Notes and exceptions
• Unless employee has at least four hours available before or after work to vote.
• Employee must provide notice “not more than ten nor less than two working days before” Election Day.
• Employer may specify the hours employee can take off.
• If employee requires more than two hours to vote, employee may take additional unpaid time to vote.
North Carolina
Time off required
None
North Dakota
Time off required
None
Ohio
Time off required
As long as it reasonably takes to vote
Paid or unpaid
Paid for salaried employees, unpaid for hourly, commissioned, or piecework employees
Oklahoma
Time off required
Two hours
Paid or unpaid
Paid
Notes and exceptions
• Unless employee has at least three hours available before or after work to vote.
• Employee must provide notice one day before Election Day.
• Employee must provide proof of voting.
• Employer may specify the hours employee can take off.
• If employee requires more than two hours to vote, employee may take additional “sufficient” time to vote.
Oregon
Time off required
None
Notes and exceptions
• Oregon is a vote-by-mail state, with the option of voting in person.
Pennsylvania
Time off required
None
Rhode Island
Time off required
None
South Carolina
Time off required
None
Notes and exceptions
• Employee may request an absentee ballot if they must be physically present at work, or in transit to and from work, during the period the polls are open.
South Dakota
Time off required
Two hours
Paid or unpaid
Paid
Notes and exceptions
• Unless employee has at least two hours available before or after work to vote.
• Employer may specify the hours employee can take off.
Tennessee
Time off required
Three hours
Paid or unpaid
Paid
Notes and exceptions
• Unless employee has at least three hours available before or after work to vote.
• Employee must provide notice by noon the day before Election Day.
• Employer may specify the hours employee can take off.
Texas
Time off required
As long as it reasonably takes to vote
Paid or unpaid
Paid
Notes and exceptions
• Unless employee has at least two hours available before or after work to vote.
Utah
Time off required
Two hours
Paid or unpaid
Paid
Notes and exceptions
• Unless employee has at least three hours available before or after work to vote.
• Employee must provide notice before Election Day.
• Employer may specify the hours employee can take off, but employee may request that the time off is at the beginning or end of a work shift.
Vermont
Time off required
None
Virginia
Time off required
None
Washington
Time off required
None
Notes and exceptions
• Washington is a vote-by-mail state.
West Virginia
Time off required
Three hours
Paid or unpaid
Paid
Notes and exceptions
• Unless employee has at least three hours available before or after work to vote.
• Employee must provide notice at least three days before Election Day.
• In certain industries, employer may specify the hours employee can take off.
Wisconsin
Time off required
Three hours
Paid or unpaid
Unpaid
Notes and exceptions
• Employee must provide notice before Election Day.
• Employer may specify the hours employee can take off.
Wyoming
Time off required
One hour
Paid or unpaid
Paid
Notes and exceptions
• Unless employee has at least three hours available before or after work to vote.
• Time off excludes any meal break.
Read more of Business Insider’s 2018 Midterm Election coverage:
