TAKEAWAYS

• Know your state’s rules: Voting leave requirements vary widely — some mandate paid time off, others unpaid, and several include posting or notice obligations.
• Review and update practices annually: State laws change frequently — conduct a yearly compliance review ahead of each election cycle.
• Remember remote workers: Voting leave laws generally depend on the employee’s work location, not the company’s headquarters.
• Build goodwill via compliance: Supporting employees’ right to vote not only avoids penalties but also fosters a culture of civic engagement and trust.

ARTICLE

As Election Day 2025 approaches, employers should ensure compliance with state and local laws governing employee voting leave. While not all jurisdictions require employers to provide time off to vote, many do—often with specific conditions related to notice, pay and posting obligations. Failure to comply with these requirements can result in civil or even criminal penalties.

Given the continuing evolution of state election and voting leave laws, employers are encouraged to review their practices annually to confirm they remain compliant and to ensure all employees are properly advised of their rights related to time off and, as applicable, pay to vote.

Understanding State-Specific Obligations

Employer obligations vary significantly by state. Some states mandate paid time off for voting, including early voting or absentee ballot submission. Others allow this time to be unpaid. The specifics...

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