Voting Leave Laws for the 2026 Election
Election Day is Tuesday, November 3, 2026, and if you have employees working across multiple states, now is a good time to take a quick look at your voting leave obligations.
There is no federal law requiring private employers to provide time off to vote. Instead, voting leave is largely governed by state law, which means the rules can look very different depending on where your employees work.
As of 2026, 28 states and Washington, D.C. have laws providing employees with some form of time off to vote. In many of those states, the time is paid, but eligibility, notice requirements, timing, and documentation can vary significantly.
For employers, the goal is simple: know which rules apply to your team, make sure managers understand them, and have a consistent process for handling requests.
Start With These Four Things
You do not need to make Election Day complicated. A little preparation now can prevent confusion later.
1. Know where your employees work
Voting leave is based on state law, so your first step should be identifying which states have employees who may need time off to vote.
If you have a remote or distributed workforce, do not assume the same policy applies to everyone. An employee working from California may have different voting leave rights than an employee working from New York, Colorado, or Texas.
2. Understand whether the time is paid
Some states require paid voting leave, while others require unpaid time off or simply require employers to provide employees with sufficient time to vote.
There are also states where employees only qualify for voting leave if they do not have enough time to vote outside of their normal work hours.
That distinction matters. An employee saying, "I need two hours off to vote" does not necessarily mean the employer automatically owes two hours of paid leave. The answer depends on the state and the employee's schedule.
3. Know your notice requirements
Several states require employees to provide advance notice if they intend to use voting leave.
California, for example, requires employees to notify their employer at least two working days before the election if they need time off to vote.
New York requires employees to provide notice at least two working days, but not more than ten working days, before the election.
Oklahoma requires employees to request voting time at least three days before the day they intend to be absent.
The takeaway is you need to have a clear process for employees to request voting leave, and make sure managers know that these requests should be handled consistently.
4. Check whether you have a required notice to post
Some states require employers to notify employees of their voting leave rights.
California requires employers to post a voting leave notice at least 10 days before a statewide election. For the November 3, 2026 election, that means the notice should be posted by October 24, 2026.
New York also requires employers to post its voting leave notice at least 10 working days before Election Day.
If you have remote employees, make sure you consider how required notices and employee communications are being distributed to employees who do not regularly report to a physical workplace.
A Quick Look at Paid Voting Leave States
The following states currently have laws providing paid time off to vote, although the amount of time and eligibility requirements vary:
Alaska: Paid time off as needed to vote when the employee does not have sufficient time outside working hours.
Arizona: Up to three hours of paid time off when the employee does not have sufficient time to vote outside of work.
California: Up to two hours of paid time off if the employee does not have sufficient time to vote outside working hours. The time generally must be taken at the beginning or end of the shift. Employees must provide at least two working days' notice.
Colorado: Up to two hours of paid time off. Beginning in 2026, Colorado expanded voting leave so that employees may use the leave on any day when voter service and polling centers are open, rather than limiting it to Election Day. Employers may deny the request when the employee has three or more consecutive hours away from work while the polling location is open.
Hawaii: Up to two hours of paid time off when the employee does not otherwise have sufficient time to vote. Proof of voting may be required.
Illinois: Up to two hours of paid time off, subject to the state's notice and scheduling requirements.
Iowa: Up to three hours of paid time off when the employee does not otherwise have sufficient time to vote.
Kansas: Up to two hours of paid time off when the employee does not otherwise have sufficient time to vote.
Maryland: Up to two hours of paid time off when the employee does not have two continuous hours available outside work while polls are open. Employees must provide proof that they voted or attempted to vote.
Minnesota: Paid time off during the morning of Election Day.
Missouri: Up to three hours of paid time off when the employee does not otherwise have sufficient time to vote. The employee must vote to receive the paid time.
Nebraska: Up to two hours of paid time off when the employee does not have sufficient time outside work to vote.
Nevada: Paid voting leave based on the distance between the employee's residence and polling location, generally one to three hours.
New Mexico: Up to two hours of paid time off unless the employee's schedule provides sufficient time to vote outside working hours.
New York: Up to two hours of paid time off when the employee does not have four consecutive hours available outside work to vote. Employees must provide notice within the state's required window.
Oklahoma: Employees may receive up to two hours to vote, including during early voting, subject to the state's requirements. Employees must provide advance notice, and proof of voting is required for the time to be paid.
South Dakota: Up to two consecutive hours of paid time off when the employee does not otherwise have sufficient time to vote.
Tennessee: Up to three hours of paid time off when the employee does not otherwise have sufficient time to vote.
Texas: Employees must be allowed sufficient paid time to vote when they do not have two consecutive hours available outside their working hours.
Utah: Up to two hours of paid time off when the employee does not otherwise have three consecutive hours available to vote.
West Virginia: Up to three hours of paid time off when the employee does not have sufficient time to vote outside working hours. Certain employees must provide advance notice, and proof of voting may affect whether the time is paid.
Wyoming: Up to one hour of paid time off unless the employee has three consecutive nonworking hours while the polls are open.
This list is intended as a practical overview, not a substitute for reviewing the specific law that applies to your employee. Voting leave laws can have important exceptions and scheduling requirements, and local requirements may also apply.
What About States Without Paid Voting Leave?
Not every state requires paid time off to vote.
Some states require employers to provide unpaid voting leave, while others do not have a general voting leave requirement for private employers.
That does not mean employers should automatically say no to an employee who wants time to vote. Your company policy, PTO policy, scheduling practices, local requirements, and applicable anti retaliation protections should all be considered.
For employers with employees in multiple states, this is one area where a single "Election Day policy" may not be enough.
Keep the Workplace Politically Neutral
Election season can bring more political conversations into the workplace, but employers do not need to take a position on political issues to support employees during an election.
From an HR perspective, the goal is to maintain a workplace where employees can understand and exercise their rights without feeling pressured to share their political views or participate in political conversations.
Managers should be reminded to apply workplace policies consistently and avoid making assumptions about an employee's political beliefs or voting choices.
It is also important to separate an employee's lawful political activity outside of work from conduct that may violate a legitimate workplace policy. Depending on the state, employees may have additional protections related to political activity or retaliation.
A Few Practical Steps for Employers
Before Election Day, we recommend taking a few simple steps:
Review your employee locations and identify which voting leave laws apply.
Confirm whether voting leave is paid or unpaid in each applicable state.
Review employee notice requirements.
Check whether your state requires a voting leave notice to be posted.
Make sure managers know how to handle voting leave requests.
Decide how employees should submit requests and who should approve them.
Review your handbook or leave policies for outdated language.
Consider sending employees a short reminder about the process before Election Day.
Make sure remote employees receive any required notices or communications.
Remind managers to remain neutral and apply policies consistently.
What About California Employers?
Since so many of our clients have employees in California, this is one we pay particular attention to.
California employees may take up to two hours of paid time off to vote if they do not have sufficient time outside of working hours. The time is generally taken at the beginning or end of the employee's shift, and employees must provide at least two working days' notice. Employers are also required to post a voting leave notice at least 10 days before a statewide election.
For the November 3, 2026 general election, California employers should have the required notice posted by October 24.
The California Secretary of State provides a voting leave notice that employers can use, including versions in multiple languages.
The Bottom Line
Voting leave is one of those HR topics that can seem simple until you have employees working in five different states.
The good news is that you do not need a complicated process. Start by understanding where your employees are located, know the rules that apply to each state, make sure managers understand the process, and communicate clearly with your team.
And remember, you do not need to get involved in politics to handle election related HR issues well. Your role as an employer is simply to understand your legal obligations, respect employee rights, and maintain a professional and neutral workplace.
At Rising Tide HR, this is the kind of compliance work we help our clients stay ahead of. We can help review state specific requirements, update policies and handbooks, prepare employee communications, and make sure your managers know how to handle voting leave requests appropriately.
