(CNN) — Choosing when to vote usually comes down to finding time between your responsibilities at home and at work.
Who can vote and who cannot in the 2024 US presidential election?
However, in many states, your calculation might also include the fact that, by law, your employer must allow you time off during the workday to vote, although with certain restrictions. (And if you need free child care to get out and vote, there may be some options available to you where you live. More on that below.)
Here’s what you need to know:
In which states can I be absent to vote?
Currently, there is no federal law requiring organizations to give their employees time off to vote during work hours.
However, 28 states and the District of Columbia do have such laws. And one more state, North Dakota, has a law that simply encourages, but does not require, employers to provide time off.
States that require permission to vote are: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Georgia, Illinois, Iowa, Kansas, Kentucky, Maryland, Massachusetts, Minnesota, Missouri, Nebraska, Nevada, New Mexico, New York, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah, West Virginia, Wisconsin and Wyoming.
The rules and allowances differ by state, according to law firm Fisher Phillips, which compiled a state-by-state guide for employers.
(You can also check state-specific statutes on Justia.)
Where I vote in the 2024 US elections: how to find my voting center
How much time can I take to go to vote?
Among states with voting leave laws, they generally require employers to allow one, two, or three hours off. But Kentucky allows up to four hours.
However, several states may not allow such leave if polls are open for a few consecutive hours before or after an employee’s shift. In New York, for example, “if employees have four consecutive hours between the time the polls open and the start of their shift or between the end of their shift and the time the polls close, they are considered to have enough time to vote outside of their working hours,” says Fisher-Phillips.
Is the time away from work you use to vote paid?
Most states that require employers to provide voting leave also require this time to be paid.
Among those that do not require time to be paid include Alabama, Arkansas, Georgia, Massachusetts and North Dakota.
In Wisconsin, employers can deduct lost time but cannot penalize employees in any other way.
Do I have to notify my employer of my plans to vote?
In many states, yes.
For example, leave laws in New York and California require you to give at least two days’ notice. In Oklahoma, three days notice is required.
Additionally, in New York and California, employers are required to notify employees before Election Day about their options. However, most states do not impose such a requirement on businesses.
Do the laws apply to all employers in all industries?
This appears to be the case in most instances, but check your state’s specific law.
In Massachusetts, for example, the permit law applies only to “manufacturing, mechanical, and mercantile establishments.”
Do free time laws also apply to early voting?
Again, rules vary by state.
If your state allows early voting—and, according to the National Conference of State Legislatures, 47 states do, along with the District of Columbia, Puerto Rico, the Virgin Islands, and Guam—voting permission rules may or may not apply.
Some statutes explicitly say they apply to early voting, such as in Georgia and Washington state. In Kentucky, “eligible employees have the right to take up to four hours of leave” either to vote or “to request or execute an absentee ballot,” according to state statute. And the absentee ballot described here is a form of early voting. Oklahoma also allows free time for in-person absentee voting.
Where do I find the best information about my options for taking time off to vote where I live?
Start by contacting your human resources department at work to find out about your employer’s policy on voting, says Jeanette Senecal, senior director of mission impact at the League of Women Voters.
If you live in a state that has a time off law for voting, remember that “state law is the floor, not the ceiling (of what is required), and your employer may have a more generous policy,” Senecal said.
Even if you live in a state without a voting leave law, your company can voluntarily allow time during work hours to vote.
You can also find a state-by-state breakdown on various voting topics — including time off laws, poll hours, absentee ballot rules, how to make a plan to vote, etc. — at Vote411.org.
If you have more questions related to time off laws or other voting issues, Senecal suggests contacting the chief election officials where you live. This may be the state board of elections or the secretary of state’s office. They should have essential information about voting rights and rules.
Free child care options for parents voting in several states
As first reported by The 19th, nonprofit Politisit and its partners are providing free child care options on Election Day in several states, including Alabama, California, Georgia, Maryland, New York, North Carolina, Pennsylvania and Texas.
The reason is simple, Politisit notes on its site: “Ensuring that every eligible voter can vote is the foundation of democracy. The cost of child care can be a barrier to parents voting, especially when long lines or voter intimidation are expected. At Politisit, we believe that parents should not have to choose between voting and caring for their children.
