Takeaways

• Private employers in 28 states and the District of Columbia are required to provide some form of voting leave, although leave duration, pay, scheduling, employee notice and posting obligations vary significantly.
• To prepare for Election Day 2026, employers should confirm the requirements that apply to their workforce and calendar employee notice and employer posting deadlines.
• Employers should identify the requirements applicable to employees in each jurisdiction and ensure remote employees receive required notices, including under District of Columbia’s individual notice requirement

Article

In advance of Election Day and early voting periods, employers should review their voting leave requirements applicable to their workforces. Although no federal law requires private employers to provide voting leave, 28 states and the District of Columbia impose some form of requirement. Generally, the leave laws vary regarding the amount and timing of leave, whether leave is paid, and the applicable employee notice and employer posting obligations. The laws’ application to early voting often is unclear because most jurisdictions’ voting leave laws do not directly address the issue; however, Colorado, Georgia, and D.C. are among the jurisdictions that provide specific guidance.

This article highlights recurring compliance issues, notable requirements for 2026, and selected state laws.

Understanding State-Specific Obligations

Voting leave laws vary across several recurring...

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