Wolters Kluwer Offers Guidance on Time-Off-to-Vote Rights across Super Tuesday States

Arkansas

Employers must schedule the work hours of employees so that each employee will have an opportunity to vote. The law refers to "election days." There is no requirement for the employer to pay wages for the time off. The law applies to all employees. Any employer who fails or refuses to provide the time off will be subject to a fine ($25 to $250).

California

Employees can take up to two hours at the beginning or end of the shift, whichever allows the most time for voting and the least time off from the regular working shift. The law refers to all "statewide elections". This is paid time off. The law applies to all employees. Influencing an employee's voting or political activities is a misdemeanor (up to 1 year and/or $1,000 to $5,000).

Colorado

Employees can take up to two hours during the time the polls are open and may request the beginning or end of the shift. The law applies to all elections. This does not apply to employees who have up to 3 non-work hours available while the polls are open. This is paid time off. The law applies to all employees. To refuse to allow the time off or not pay for it is a misdemeanor (up to 1 year and/or $1,000).

Maine

There are no provisions requiring employers to give employees time off to vote.

Massachusetts

There are no provisions requiring employers to give employees time off to vote, except for the manufacturing, mechanical, and mercantile industries. Employees cannot be employed for the first two hours during the period of two hours after the opening of the polls. The laws states "at an election." There is no requirement for the employer to pay wages for the time off. Violators are subject to a fine (up to $500).

Minnesota

All employees have the right to take time off to vote during an election day and must be paid. No specific time is mentioned. "Election" means a regularly scheduled election, an election to fill a vacancy in the office of U.S. Senate or House, an election to fill a vacancy in nomination for a constitutional office, an election to fill a vacancy in the office of state senator or state representative, or a presidential nomination primary.  It is a misdemeanor (up to 90 days in jail and/or fine of up to $1,000) for employers who directly or indirectly refuse, abridge, or interfere with the right to vote or any other election right of an employee.

North Carolina

There are no provisions requiring employers to give employees time off to vote.

Oklahoma

Employers must grant employees up to two hours to vote, unless more time is needed because of the distance of the polling place. The law refers to "election day." Employers set the hours. Employees must be paid if they prove they voted. This does not apply to employees who have up to three non-work hours available while the polls are open. The law applies to all employees. Any employer who fails to comply is guilty of a misdemeanor (fine up to up to $100).

Tennessee

Voters of an "election held in this state" may be absent from service or employment on the day of the election for up to three hours. The law covers all elections. The law applies to "any" service or employment. It does not apply to employees who have up to three non-work hours available while the polls are open. Employees must be paid. Coercing, directing, or threating to discharge any employee to vote for any measure, party is a Class C misdemeanor (up to 30 days in jail or a fine up to $50).

Texas

Employers may not refuse to allow an employee to take time off to vote. There is no time limit, but it does not apply to employees who have up to two non-work hours available while the polls are open. Employees must be paid. The law applies to all general, special, and primary elections and to all employees. State employees must be given "sufficient time off." Any employer who fails to comply is guilty of a Class C misdemeanor (fine of up to $500).

Utah

Employers must grant employees up to two hours to vote on election day. "Election" means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a local district election. It does not apply to employees who have up to three non-work hours available while the polls are open. The law applies to all employees and employees must be paid. Any employer who fails to comply is guilty of a Class B misdemeanor (up to six months in jail and/or a fine of up to $1,000).

Vermont

There are no provisions requiring employers to give employees time off to vote.

Virginia

There are no provisions requiring employers to give employees time off to vote.