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Sunday, October 25, 2026

Employers, Be Mindful of Voting Leave Laws as Election Day Approaches - Ogletree

  • Twenty-eight states require employers to provide either paid or unpaid leave for voting.
  • Some states have notice requirements related to employees’ right to take time off to vote.
  • Election Day is November 3, 2026, but many states have in-person early voting that starts mid-October.

Quick Hits

Twenty-eight states and Washington, D.C., require employers to provide time off for employees to vote. Many states also require time off for employees who serve as election officials or voting machine technicians. Some states also require employees to request time off in advance.

For example, Colorado’s law, which took effect on June 1, 2026, mandates up to two hours of paid leave to vote on any day the voter service and polling centers are open, not just on Election Day. In Maryland, employers must provide employees who claim to be registered voters up to two hours of paid leave to vote on Election Day, but only if the employee does not have two consecutive nonworking hours to vote while the polls are open. California’s law prohibits employers from requesting that an employee bring a mail ballot to work or vote with a mail ballot at work.

Employer obligations related to voting do not stop at providing time off. Some states have notice provisions that require employers to display a poster or online information describing employees’ right to take time off to vote.

Like other leave laws, the wide variation in state voting leave laws may make compliance complicated for multistate...



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