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 Texas, state law requires employers to provide employees with time off to vote on Election Day. According to Texas Election Code Section 276.004, an employer must allow an employee to take paid time off to vote, unless the employee has at least two consecutive hours to vote outside of the voter's working hours. This means if the polls are open for two hours before or after the employee's work shift, the employer is not obligated to provide time off to vote. Texas law does not specify the exact amount of time that must be given, but it should be sufficient to enable the employee to vote. Employers are not allowed to penalize or deduct from an employee's salary for voting time. Additionally, Texas does not require employers to post notices about voting leave rights. It's important to note that these provisions apply to all employees, regardless of whether they are exempt or non-exempt under the Fair Labor Standards Act (FLSA).
