As nationwide midterms approach and millions prepare to cast ballots, more than half of all U.S. states legally mandate that employers provide time off to visit polling locations. However, whether workers receive compensation during this absence, alongside the exact duration permitted, varies significantly across jurisdictions.

Data compiled by payroll provider Paylocity shows that 28 states, alongside Washington, D.C., currently enforce some form of mandatory voting leave for employees on Election Day.

The specific jurisdictions maintaining active statutes that grant time off for voting comprise: 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, Wyoming, and Washington, D.C.

Although the majority of these regions mandate paid leave, Rich Glass, a consulting attorney at HR advisory firm Marsh, points out that statutes in seven states—specifically Alabama, Arkansas, Georgia, Kentucky, Massachusetts, Ohio, and Wisconsin—fail to specify whether the granted time must be compensated.

Furthermore, Glass highlights that among the states providing voting leave, advance notice must be given to employers in 15 jurisdictions: Alabama, Arizona, California, Georgia, Illinois, Iowa, Massachusetts, Missouri, Nebraska, New York, Oklahoma, Tennessee, Utah, West Virginia, Wisconsin, and Washington, D.C.

Which States Don’t Offer Time Off To Vote?

The remaining 22 states lack any legislation regulating time off during Election Day. For instance, North Dakota law actively encourages employers to give workers time to vote, but stops short of making it mandatory.

Non-compliance carries severe consequences in certain regions. Arkansas employers who breach voting leave laws face fines ranging from $25 to $250. Meanwhile, other jurisdictions impose criminal penalties for violations. Under Texas statute, any employer who "refuses to permit the other person to be absent from work on election day or while early voting is in progress for the purpose of attending the polls to vote" becomes liable to misdemeanor charges.

Because Election Day is not recognized as a federal holiday, many citizens who abstain from voting point to scheduling conflicts. U.S. Census Bureau figures from the 2024 elections revealed that "too busy/conflicting schedule" was the second most frequent reason for skipping the ballot box, cited by 17.8% of registered nonvoters. Only apathy ranked higher, with 19.7% of nonvoters indicating they were simply "not interested."

Polling conducted by the Pew Research Center demonstrates that most Americans support designating Election Day as a federal holiday. A 2024 survey showed that 72% of participants favored the idea, marking a seven-point rise from 2018 when 65% supported it. Bipartisan backing remains robust, with 78% of Democrats and 68% of Republicans in agreement during the 2024 poll. Although various federal lawmakers have repeatedly introduced bills to establish the holiday, these proposals have consistently stalled. Representative Brian Fitzpatrick (R-Pa.) submitted measures at the start of the 119th Congress in January 2025 as well as in November 2023 alongside Representative Debbie Dingell (D-Mich.), though neither advanced to a floor vote. Historical attempts by figures such as Senator Bernie Sanders (I-Vt.) and former Representative Anna Eshoo (D-Calif.) similarly failed to gain legislative traction.

Meanwhile, early voting numbers highlight surging participation. According to the University of Florida’s Election Lab, 42 million early ballots had been processed by Thursday morning. Turnout has accelerated across numerous regions featuring tightly contested races for governorships and congressional seats. The New York Times documented that 5.7 million Texans had voted early by Tuesday, vastly exceeding the 3.8 million recorded at the identical milestone during the 2022 midterms. Texas hosts one of the nation's most expensive and intensely scrutinized campaigns, featuring a Senate showdown between Republican Attorney General Ken Paxton and Democratic state representative James Talarico. While recent surveys grant Talarico a narrow advantage, the Cook Political Report continues to classify the contest as a toss-up.