--- title: "Do I Need To Give My Employees Time Off to Vote?" description: "" url: "https://wimlaw.com/articles/employees-time-off-vote" date: "2026-06-02T01:48:58+00:00" language: "en-US" --- # Do I Need To Give My Employees Time Off to Vote? Written on October 27, 2020. *Tag(s):* [Kathleen J. Jennings](https://wimlaw.com/index.php?option=com_tags&view=tag&id%5B0%5D=8:kathleen-j-jennings) Election Day is one week away, so it is a good time for employers to review the laws governing voting leave in the states where they do business. Chances are that you may be required to give employees some time off to vote. In Georgia, there is a law that generally requires employers to give employees leave time to vote. O.C.G.A. 21-2-404 provides as follows: > Each employee in this state shall, upon reasonable notice to his or her employer, be permitted by his or her employer to take any necessary time off from his or her employment to vote in any municipal, county, state, or federal political party primary or election for which such employee is qualified and registered to vote on the day on which such primary or election is held; provided, however, that such necessary time off shall not exceed two hours; and provided, further, that, if the hours of work of such employee commence at least two hours after the opening of the polls or end at least two hours prior to the closing of the polls, then the time off for voting as provided for in this Code section shall not be available. The employer may specify the hours during which the employee may absent himself or herself as provided in this Code section. Translated into a regular language from legalese: a Georgia employer must give employees up to 2 hours off to vote, with the following conditions: (1) the employee gives reasonable notice of his/her intention to take the time off to vote, and (2) the employee’s work schedule on Election Day does not begin two or more hours after the polls open or end two or more hours before the polls close. An employer who violates the statute is guilty of a misdemeanor. The statute does not specify whether an employer must pay the employee during this voting leave, which means that an employer is not required to pay employees for their voting leave time. If an employer decides to pay employees for voting leave time, it should be consistent in its practice–if you decide to pay one employee for voting leave time, you should pay all employees for voting leave time. The Georgia statute predates the current early voting periods. A literal reading of the statute would make it applicable *only* to voting leave on Election Day, and not during the entire voting period. However, there may be a practical reason for an employer to allow employees to use voting leave during the early voting period, especially when long delays in voting are expected on Election Day–it will limit the number of employees who are out of work at one time to vote. In other words, an employer can use an expanded voting leave policy to spread out the number of absent employees during the early voting period rather than have a large number out on Election Day. As always, an employer needs to be consistent in the application of its policy to avoid potential claims of discrimination. - [](https://x.com/intent/post?url=https%3A%2F%2Fwimlaw.com%2Farticles%2Femployees-time-off-vote.md&text=) - [](https://www.facebook.com/sharer/sharer.php?u=https%3A%2F%2Fwimlaw.com%2Farticles%2Femployees-time-off-vote.md) - [](https://www.linkedin.com/sharing/share-offsite/?url=https%3A%2F%2Fwimlaw.com%2Farticles%2Femployees-time-off-vote.md) - [](mailto:?subject=Do%20I%20Need%20To%20Give%20My%20Employees%20Time%20Off%20to%20Vote%3F) ![Kathleen J. Jennings](https://wimlaw.com/images/resources/articles/2020/06/kathleen-portrait-300.jpg) Kathleen J. Jennings Former Principal Kathleen J. Jennings is a former principal in the Atlanta office of Wimberly, Lawson, Steckel, Schneider, & Stine, P.C. She defends employers in employment matters, such as sexual harassment, discrimination, Wage and Hour, OSHA, restrictive covenants, and other employment litigation and provides training and counseling to employers in employment matters. ## Related Content [ ![grandma reaching out to hold great grandson](https://wimlaw.com/media/yootheme/cache/81/rod-long-y0OAmd_COUM-unsplash-811d54ec.jpg) ](https://wimlaw.com/index.php?option=com_content&view=article&id=1277:age-discrimination-workplace&catid=222) ### [E27: Age is More Than a Number-Age Discrimination in the Workplace](https://wimlaw.com/index.php?option=com_content&view=article&id=1277:age-discrimination-workplace&catid=222) [Podcasts](https://wimlaw.com/index.php?option=com_content&view=category&id=222) [Read more](https://wimlaw.com/index.php?option=com_content&view=article&id=1277:age-discrimination-workplace&catid=222) [ ![cannabis on a table, indoors](https://wimlaw.com/media/yootheme/cache/f8/wesley-gibbs-NxRx7_mPdEk-unsplash-f84b6c27.jpg) ](https://wimlaw.com/index.php?option=com_content&view=article&id=1271:workplace-marijuana&catid=222) ### [E26: Weed in the Workplace](https://wimlaw.com/index.php?option=com_content&view=article&id=1271:workplace-marijuana&catid=222) [Podcasts](https://wimlaw.com/index.php?option=com_content&view=category&id=222) [Read more](https://wimlaw.com/index.php?option=com_content&view=article&id=1271:workplace-marijuana&catid=222) [ ![box on white table in a white room indoors](https://wimlaw.com/media/yootheme/cache/66/box-kelli-mcclintock-GopRYASfsOc-unsplash-663953ce.jpg) ](https://wimlaw.com/index.php?option=com_content&view=article&id=1270:ban-box-laws&catid=222) ### [E25: What Are Ban the Box Laws?](https://wimlaw.com/index.php?option=com_content&view=article&id=1270:ban-box-laws&catid=222) [Podcasts](https://wimlaw.com/index.php?option=com_content&view=category&id=222) [Read more](https://wimlaw.com/index.php?option=com_content&view=article&id=1270:ban-box-laws&catid=222) ## Get Email Updates Receive newsletters and alerts directly in your email inbox. Sign up below. ## Recent Content [ Articles ](https://wimlaw.com/index.php?option=com_content&view=category&id=205) [ ![ai, human reach out](https://wimlaw.com/media/yootheme/cache/f1/igor-omilaev-FHgWFzDDAOs-unsplash-f12346e8.jpg) ](https://wimlaw.com/index.php?option=com_content&view=article&id=1582:fcra-litigation-challenges-employers-ai-hiring&catid=53)### [FCRA Litigation Challenges Employers’ Use of AI Hiring Platforms](https://wimlaw.com/index.php?option=com_content&view=article&id=1582:fcra-litigation-challenges-employers-ai-hiring&catid=53) [Employment Law Newsletter: A Monthly Report On Labor Law Issues](https://wimlaw.com/index.php?option=com_content&view=category&id=53) A January 20, 2026, class action filed against Eightfold AI, Inc. in California is sending shockwaves through the employer and AI community… [Read more](https://wimlaw.com/index.php?option=com_content&view=article&id=1582:fcra-litigation-challenges-employers-ai-hiring&catid=53) [ ![danger sign, skull](https://wimlaw.com/media/yootheme/cache/01/mikael-seegen-jX6WXNkvsPs-unsplash-01c1ebef.jpg) ](https://wimlaw.com/index.php?option=com_content&view=article&id=1584:ai-research-discovery-requests-dangers&catid=53)### [The Dangers of Employers Using AI Research Tools as to Discovery Requests from Plaintiffs](https://wimlaw.com/index.php?option=com_content&view=article&id=1584:ai-research-discovery-requests-dangers&catid=53) [Employment Law Newsletter: A Monthly Report On Labor Law Issues](https://wimlaw.com/index.php?option=com_content&view=category&id=53) A second “bombshell” affecting HR pertaining to AI is a federal court ruling in New York, that a defendant’s use of AI in researching and p… [Read more](https://wimlaw.com/index.php?option=com_content&view=article&id=1584:ai-research-discovery-requests-dangers&catid=53) [ ![CHAT GPT](https://wimlaw.com/media/yootheme/cache/64/emiliano-vittoriosi-fvxNerA8uk0-unsplash-64a16be4.jpg) ](https://wimlaw.com/index.php?option=com_content&view=article&id=1585:ai-employer-protection&catid=53)### [Two Subsequent Cases Protect Defendant’s Use of AI as Subject to Work-product Protection](https://wimlaw.com/index.php?option=com_content&view=article&id=1585:ai-employer-protection&catid=53) [Employment Law Newsletter: A Monthly Report On Labor Law Issues](https://wimlaw.com/index.php?option=com_content&view=category&id=53) Soon after the deciding of the above-discussed case on February 17, 2026, in U.S. v. Heppner, a criminal case in the District Court for the… [Read more](https://wimlaw.com/index.php?option=com_content&view=article&id=1585:ai-employer-protection&catid=53) [ ![avoid, wave away](https://wimlaw.com/media/yootheme/cache/6f/priscilla-du-preez-NQTphr4Pr60-unsplash-6fb4df83.jpg) ](https://wimlaw.com/index.php?option=com_content&view=article&id=1586:employer-avoid-waiving-privileges-ai-research&catid=53)### [Is There Anything an Employer Can Do to Avoid Waiving Privileges in Using AI Research Tools?](https://wimlaw.com/index.php?option=com_content&view=article&id=1586:employer-avoid-waiving-privileges-ai-research&catid=53) [Employment Law Newsletter: A Monthly Report On Labor Law Issues](https://wimlaw.com/index.php?option=com_content&view=category&id=53) There are no easy answers to the above question, but some general observations will nevertheless be made. First, the New York district cou… [Read more](https://wimlaw.com/index.php?option=com_content&view=article&id=1586:employer-avoid-waiving-privileges-ai-research&catid=53) [ ![ai visualization](https://wimlaw.com/media/yootheme/cache/45/milad-fakurian-5yWtM3M3JKM-unsplash-45306e6d.jpg) ](https://wimlaw.com/index.php?option=com_content&view=article&id=1587:ai-legal-recommendations&catid=53)### [Suggestions on Use of AI](https://wimlaw.com/index.php?option=com_content&view=article&id=1587:ai-legal-recommendations&catid=53) [Employment Law Newsletter: A Monthly Report On Labor Law Issues](https://wimlaw.com/index.php?option=com_content&view=category&id=53) Perhaps the starting point is to look at the type of AI platforms generally available. At a recent conference about AI use for HR, speaker… [Read more](https://wimlaw.com/index.php?option=com_content&view=article&id=1587:ai-legal-recommendations&catid=53) [ ![june 2026 legal immigration webinar promo graphic](https://wimlaw.com/media/yootheme/cache/45/june-2026-webinar-immigration-453d45bc.jpg) ](https://wimlaw.com/index.php?option=com_content&view=article&id=1583:worksite-enforcement-tps-parole&catid=221)### [Worksite Enforcement and TPS and Parole Status Update](https://wimlaw.com/index.php?option=com_content&view=article&id=1583:worksite-enforcement-tps-parole&catid=221) [Webinars: Employment Law "Hot Topics"](https://wimlaw.com/index.php?option=com_content&view=category&id=221) The webinar will cover how to deal with a worksite enforcement action and various types of immigration enforcement activities. The webinar… [Read more](https://wimlaw.com/index.php?option=com_content&view=article&id=1583:worksite-enforcement-tps-parole&catid=221) ### Additional Legal Resources [### Newsletter Explore ](https://wimlaw.com/publications/newsletters) [### Books Explore ](https://wimlaw.com/publications/books) [### Alerts Explore ](https://wimlaw.com/alerts) [### Articles Explore ](https://wimlaw.com/articles) [### Audits Explore ](https://wimlaw.com/audits) [### Events Explore ](https://wimlaw.com/events) ## Schema ```json { "@context": "https://schema.org", "@type": "BreadcrumbList", "itemListElement": [ { "@type": "ListItem", "position": 1, "name": "Home", "item": "https://wimlaw.com" }, { "@type": "ListItem", "position": 2, "name": "Articles", "item": "https://wimlaw.com/articles" }, { "@type": "ListItem", "position": 3, "name": "Do I Need To Give My Employees Time Off to Vote?", "item": "https://wimlaw.com/articles/employees-time-off-vote" } ] } ```