Voter Leave Laws: A State-by-State Guide for Employers

As midterm elections approach, employers face a patchwork of voting leave laws that vary significantly in their requirements and penalties. Noncompliance can result in civil liability, criminal penalties, or both. The severity of these penalties makes it essential for employers to review their policies in advance of Election Day.

More than half of the states have adopted some statutory voting leave requirement that sets the baseline for employer policies. Even in states that do not mandate voting leave, encouraging employees to exercise their civic rights promotes engagement and goodwill. But in many states, the obligation goes beyond best practice. Legislatures have enacted specific requirements governing notice, duration, pay, and scheduling of voting leave.

The survey below addresses each state in the Adams & Reese footprint and organizes the applicable requirements around four key questions employers should be prepared to answer:

• Notice: Can the employer require advance notice of the employee’s leave?
• Duration: How much leave must the employer provide?
• Pay: Is the employer required to compensate the employee during voting leave?
• Scheduling: May the employer designate when the leave is taken?

Employers operating in multiple jurisdictions, or those with remote employees in other jurisdictions, should pay particular attention to the variations among these requirements, as a one-size-fits-all policy may not satisfy each state’s law.

State-by-State Survey

Alabama: Ala. Code § 17-1-5

• The employee may be required to give reasonable notice.
• The employer must provide up to one hour of leave unless the polls are open at least two hours before the employee starts work or one hour after the employee finishes work.
• There is no express requirement that the leave be paid.
• The employer may choose when the hour is taken.

Colorado: Colo. Rev. Stat. § 1-7-102

• The employee may be required to make the request before Election Day.
• The employer must provide two hours while the polls are open unless the employee has three non-working hours while the polls are open.
• The two hours must be paid.
• The employer may choose when the time is taken but must allow the employee to take it at the beginning or end of the employee’s shift if the employee so requests.

District of Columbia: D.C. Code § 1-1001.07a

• The employee may be required to give reasonable notice.
• The employer must provide up to two hours of leave if the employee is scheduled to work during the period for which the leave is requested.
• The two hours must be paid.
• The employer may choose when the time is taken and may require the leave to be taken during an early voting period.

Note that D.C. employers must also post and maintain a specific notice including an easily understood provision of D.C.’s employee voter law in a conspicuous place pursuant to D.C. Code § 1-1001.07a(5).

Florida: Fla. Stat. § 104.081

Florida law provides only that an employer may not fire or threaten to fire an employee for voting.

Georgia: Ga. Code § 21-2-404

• The employee may be required to give reasonable notice.
• The employer must give “necessary” time off not to exceed two hours.
• There is no express requirement that the leave be paid.
• The employer may choose when the time is taken.

Louisiana:

Louisiana has no provision governing an employer’s obligations with respect to employee voting.

Mississippi: Miss. Code § 23-15-871

Mississippi does not expressly require employers to provide voting leave, but an employee may be allowed leave at the employer’s expense only to the extent necessary to cast a vote.

North Carolina:

North Carolina has no provision governing an employer’s obligations with respect to employee voting.

South Carolina:

South Carolina has no provision governing an employer’s obligations with respect to employee voting.

Tennessee: Tenn. Code § 2-1-106

• Employees may be required to notify their employer before noon the day before the election.
• The employer must give a reasonable period of time not to exceed three hours unless the employee begins working three or more hours after the polls open or stops working three or more hours before the polls close.
• The leave must be paid.
• The employer may choose when the time is taken.

Texas: Tex. Elec. Code § 276.004

• Employees are not required to give notice.
• The employer cannot prohibit an employee from being absent to vote on Election Day or during early voting unless the polls are open for two consecutive non-working hours.
• The leave must be paid.
• There is no provision dictating whether an employer may choose when an employee votes.

Key Takeaways

Voting leave requirements vary considerably across states, from no mandate at all in Louisiana, North Carolina, and South Carolina to paid leave obligations in Colorado, the District of Columbia, Tennessee, and Texas. Employers with multi-state workforces cannot rely on a single, uniform policy to ensure compliance. Accordingly, employers should take the following measures:

• Audit existing policies. Review employee handbooks and leave policies to confirm they address voting leave requirements for each state where employees are located.

• Train managers and supervisors. Ensure that front-line supervisors understand their obligations, including any notice, scheduling, and pay requirements, and know not to discourage or penalize employees for taking voting leave.

• Monitor legislative developments. Voter leave laws change frequently, so employers should revisit their policies before each election cycle to ensure they remain compliant.

• Consult legal counsel. Because noncompliance can carry significant penalties, employers should work with counsel to develop compliant policies, update employee handbooks, and train supervisors ahead of Election Day.

Conclusion

With Election Day on November 3, 2026, and early voting periods opening in many jurisdictions in the coming weeks, now is the time for employers to confirm that their voting leave policies are ready. Although the specific requirements differ by state, the underlying principle is consistent: employees should not have to choose between their jobs and their right to vote. Employers who review their policies in advance can avoid costly missteps, reduce liability risk, and demonstrate genuine commitment to their employees’ civic participation.

*Research and contributions to this article were made by Adams & Reese Law Clerk, Jackson Gregory, law student at the LSU Paul M. Hebert Law Center (Class of 2027).