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The Finance Base
employee rights

These States Require Paid Time Off for Election Day Voting

A 2026 compilation lists 21 states and Washington, D.C. as requiring paid time off to vote, but the amount, eligibility, notice, and scheduling rules vary.

By TheFinanceBase Team 5 min read
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For 2026, two state-law compilations identify 21 states and Washington, D.C., as requiring some paid time off for voting. The states are Alaska, Arizona, California, Colorado, Illinois, Iowa, Kansas, Maryland, Minnesota, Missouri, Nebraska, Nevada, New Mexico, New York, Oklahoma, South Dakota, Tennessee, Texas, Utah, West Virginia, and Wyoming. The rules are not uniform: eligibility, paid hours, notice, and employer scheduling authority vary.

Which states require paid time off to vote?

The following inventory is reported by Paylocity’s 2026 state-law comparison and Minimum Wage Lookup’s 2026 compilation. It is a practical starting point, not a finding that every employee in each jurisdiction qualifies under identical conditions.

  • Alaska
  • Arizona
  • California
  • Colorado
  • Illinois
  • Iowa
  • Kansas
  • Maryland
  • Minnesota
  • Missouri
  • Nebraska
  • Nevada
  • New Mexico
  • New York
  • Oklahoma
  • South Dakota
  • Tennessee
  • Texas
  • Utah
  • West Virginia
  • Wyoming

Washington, D.C., also requires paid voting leave under its law. These counts come from secondary compilations; only selected state and District rules below are described using official guidance.

How much time off is paid, and who qualifies?

There is no single nationwide formula. Many jurisdictions cap paid leave at two or three hours, while others calculate the entitlement differently or provide the time needed to vote. Some laws apply only when an employee lacks a specified stretch of consecutive nonwork time while polls are open. The applicable election, worker category, shift, and local rule can matter.

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Official examples show how much the rules differ

Jurisdiction What the rule provides Conditions and administration
California Up to two hours away from work without loss of pay, according to the California Secretary of State’s voting-leave guidance. Applies when the worker does not have enough nonwork time to vote in a statewide election. The guidance says only up to two hours are paid even if more time is needed. An employee who needs leave must give two working days’ notice; the employer must post a notice at least ten days before an election.
Minnesota The employee may take the time needed to vote and return to work without losing pay, personal leave, or vacation. The Minnesota Secretary of State says the protection covers state and federal elections and regularly scheduled local elections. Employers may coordinate absences to reduce workplace disruption, but may not refuse, limit, or interfere with the employee’s choice of when to vote.
New York Up to two hours of paid time for a registered voter who lacks sufficient time outside scheduled work hours. Four consecutive hours between poll opening and the start of work, or between the end of work and poll closing, count as sufficient time. The employer may choose whether leave is at the beginning or end of the shift unless both sides agree otherwise. The employee must give notice two to ten working days before the election, and the employer must post a workplace notice. Source: New York Election Law § 3-110.
Washington, D.C. At least two hours of paid leave, upon request, for in-person voting during time the employee was scheduled to work. The employer may require reasonable advance notice and designate the hours, including requiring use of early voting instead of Election Day. Covered time may not be deducted from salary, wages, or accrued leave. Source: D.C. Code § 1–1001.07a.
Iowa Up to two hours off for an employee who lacks two consecutive nonwork hours while polls are open, according to the Iowa Secretary of State’s FAQ. The employee must submit an individual written request before Election Day; the employer chooses the time. The FAQ says the absence may not result in a penalty or deduction from regular wages.

These examples are not a substitute for checking the rule in the employee’s own jurisdiction. The selected official sources do not establish the precise conditions for every state in the 21-state compilation.

What should you check before requesting voting leave?

  1. Confirm the rule where you work. Use the state labor or election agency’s current guidance, and check local rules where relevant. The state inventory above is based on 2026 secondary summaries rather than an individual review of every statute and exception.
  2. Check the election and polling hours. Determine whether the law covers that election and when polls open and close. Compare those hours with your scheduled shift and any consecutive time you are not working while polls are open.
  3. Follow the notice procedure. Give notice in the form and time window required where you work. Requirements can include advance notice or a written request; do not assume that asking on Election Day is sufficient.
  4. Ask how the time will be scheduled. Some rules let the employer select the time or require leave at the beginning or end of a shift. Others limit that authority. Confirm the arrangement before relying on a particular voting window.
  5. Clarify pay and eligibility if your situation is unusual. Contact the official state labor or election agency if your pay category, shift, election type, or qualification is unclear. Keep a copy of your request and the employer’s response.

Important exceptions and limits in the state list

Ohio is a distinct pay-status case

The 2026 comparison flags Ohio as a special case involving pay status by worker type, rather than including it among states that generally require paid leave. Its treatment should not be reduced to a simple statewide guarantee of paid voting hours.

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Texas guidance does not establish a universal paid-hours formula

The Texas Workforce Commission discusses voting leave and notes that schedule flexibility, including making up lost time on other days, may accommodate voting. Confirm the applicable wage and penalty rules for the specific employment situation instead of assuming Texas uses the same paid-hour formula as another state.

South Carolina’s state-employee guidance is narrower

South Carolina’s 2024 state human-resources regulations say no state or federal law mandates voting time off, while giving state agencies discretion to grant up to two hours of paid leave in specified extenuating circumstances. That excerpt concerns state employees; it does not establish the policy or legal protection applicable to every South Carolina employer.

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What the state count does—and does not—tell you

The figure of 21 states plus Washington, D.C., is a count from two 2026 secondary compilations, not a federal statistic. It does not measure how many workers use voting leave or establish that the laws increase turnout. Because the inventory has not been individually verified against every state’s current official rules, check the agency guidance for your location before making plans or relying on a specific entitlement.

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