Federal law does not require employers to give employees time off from work to vote, but most states and some local ordinances require employers to do so—especially when an employee’s work hours do not allow sufficient time for an employee to vote during poll hours.

Voting-leave laws vary from state to state, including whether time off must be paid or unpaid for employees who are eligible to receive overtime pay under the Fair Labor Standards Act (FLSA) because they are not exempt under the FLSA. But employees who are exempt from overtime pay under the FLSA (professional, administrative, executive, outside sales, computer software employees) should not have their pay reduced for taking time off to vote, as doing so may jeopardize their exempt status under the FLSA.

State voting-leave laws also vary regarding the amount of time off that must be provided and whether an employer can dictate which hours are taken off. Some states and cities require employers to post information advising employees of their voting-leave rights. And some states and cities require employers to provide time off to employees who serve as election officials or who serve in an elected office.

State laws that require employers to provide employees with time off from work to vote often limit voting leave to employees who do not have sufficient time to vote outside of working hours. States and localities with flexible voting options may reduce or eliminate the need for employees to take time off from work on election days.

In California, state law mandates that employers provide employees with up to two hours of paid leave at the beginning or end of their shift to vote, if they do not have sufficient time outside of working hours to do so. This time off must be provided without loss of pay. Employees are required to give their employer two working days' notice of the need for time off to vote if they know or have reason to believe they will need to take time off to vote. Additionally, California law prohibits employers from discriminating or retaliating against employees for taking time off to vote. Employers are also required to post a notice of the voting leave provisions at least 10 days before a statewide election. The notice must be posted in a location at the workplace where it can be seen by employees as they come and go to their place of work. Failure to comply with these requirements can result in penalties for the employer. There is no specific provision in California law regarding time off for employees who serve as election officials or in an elected office, but such individuals may be protected under other provisions or local ordinances.