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Friday, October 16, 2026

Do Your Employees Get Time Off to Vote? A State-by-State Guide for the 2026 Midterms - Fisher Phillips LLP

Do Your Employees Get Time Off to Vote? A State-by-State Guide for the 2026 Midterms

Election Day is November 3, and if you have employees in more than one state, your voting leave obligations probably differ from location to location. Do you know which rules apply to your workplace? This Insight provides you with a comprehensive checklist and breakdown of each state’s requirements, including what’s new for 2026, so you can stay compliant while supporting your employees.

You can visit our Election Season Resource Hub to review all our thought leadership and practical resources.

Voting Leave Laws: Your Workplace Compliance Checklist

While there’s no federal law providing workers with time off to vote, state laws can vary significantly. So, as you review and potentially revise your voting leave policies this fall, you’ll want to consider the following questions:

  • Does your state require you to provide voting leave to employees? If so, what are the parameters?
  • Do you have to pay employees for the time they take to vote during work hours?
  • Can you set specific hours or a time limit for employees to take such leave?
  • Can you require employees to give advance notice if they intend to take voting leave?
  • Do you have to provide notice to employees about their right to take voting leave?
  • Do any local ordinances impact your voting leave policy?
  • Do you want to provide more flexibility than what’s required under state and local law?

Alabama

  • Leave: Eligible employees are entitled to...


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