Texas Voting Leave Law: Up to 2 Hours Paid Time Off to Vote (2025)
Texas is one of approximately 30 states that requires employers to provide time off for voting. Under Texas Election Code § 276.004, employees who don’t have sufficient time to vote outside of working hours are entitled to paid leave to cast their ballots.
This is one of the few areas where Texas mandates paid leave—but there are important limitations and conditions you need to understand.
Texas Voting Leave Requirements: Election Code § 276.004
Texas law provides specific voting leave protections to ensure employees can participate in elections.
Who Is Entitled to Voting Leave
All employees are covered, including:
- Full-time and part-time workers
- Hourly and salaried employees
- Temporary workers
- New employees
- Employees of any tenure or hours worked
All employers must comply, regardless of size. Unlike FMLA (which requires 50+ employees), voting leave applies to every employer in Texas, from sole proprietors to multinational corporations.
When You’re Entitled to Paid Voting Leave
You’re entitled to paid time off to vote only if you do not have at least two consecutive hours to vote outside of your working hours while polls are open.
Understanding the two-hour rule:
Texas polls are typically open from 7:00 AM to 7:00 PM on election day.
Example 1 – You qualify for leave:
- Your shift: 8:00 AM to 6:00 PM
- Polls open: 7:00 AM to 7:00 PM
- Time before work: 1 hour (7:00-8:00 AM)
- Time after work: 1 hour (6:00-7:00 PM)
- Total time outside work: Not two consecutive hours
- Result: You’re entitled to paid voting leave
Example 2 – You don’t qualify for leave:
- Your shift: 9:00 AM to 5:00 PM
- Polls open: 7:00 AM to 7:00 PM
- Time before work: 2 consecutive hours (7:00-9:00 AM)
- Result: You’re not entitled to leave because you have sufficient time to vote before work
Example 3 – You don’t qualify for leave:
- Your shift: 7:00 AM to 5:00 PM
- Polls open: 7:00 AM to 7:00 PM
- Time after work: 2 consecutive hours (5:00-7:00 PM)
- Result: You’re not entitled to leave because you have sufficient time to vote after work
How Much Paid Leave You Get
Up to 2 hours: If you qualify for voting leave, your employer must provide sufficient time for you to vote, not to exceed two hours.
Paid leave: The time off must be paid at your regular rate. You cannot be required to use vacation time or PTO.
Employer can specify timing: Your employer has the right to designate whether you take voting leave at the beginning or end of your shift.
Example:
- You work 8:00 AM to 6:00 PM
- Employer designates that you arrive at 10:00 AM (voting at beginning of shift)
- You receive 2 hours of paid leave to vote before reporting to work
Alternatively, the employer could allow you to leave at 4:00 PM to vote before polls close at 7:00 PM.
Employer’s discretion: The employer chooses when you take the leave. You can request a preference, but the employer has final say as long as you’re given sufficient time to vote.
Which Elections Are Covered
Texas voting leave applies to all elections, not just presidential or general elections.
Covered elections include:
- Presidential elections
- Gubernatorial elections
- State and federal primary elections
- General elections
- Special elections
- Local elections (city, county, school board)
- Constitutional amendment elections
- Bond elections
Important: This is a broader protection than some states provide. In Texas, you have the right to voting leave for every election in which you’re eligible to vote.
Early Voting and Absentee Voting
Texas offers early voting for nearly all elections, typically starting 17 days before election day and ending 4 days before election day. Early voting hours are often more flexible than election day hours.
Does Early Voting Affect Your Right to Leave?
The law is unclear: Texas Election Code § 276.004 specifically references “the day of any election.” It doesn’t explicitly address whether the availability of early voting negates your right to leave on election day.
Practical considerations:
- Some employers argue that if early voting is available with extended hours, you don’t need leave on election day
- Some employees prefer to vote on election day for various reasons
- Courts have not definitively resolved this question
Best practice: If possible, use early voting if your work schedule makes election day voting difficult. If you need to vote on election day and meet the two-hour requirement, you should be entitled to leave.
Mail-In (Absentee) Voting
Texas allows mail-in voting for:
- Voters 65 and older
- Voters with disabilities
- Voters who will be out of the county during early voting and election day
- Voters confined in jail (but eligible to vote)
If you vote by mail, you obviously don’t need time off to vote in person. However, requesting an absentee ballot is your choice, and employers cannot require you to vote by mail to avoid providing voting leave.
Notice Requirements
Texas law does not specify how much advance notice you must give your employer to request voting leave.
Best practices:
- Notify your employer as soon as you know you’ll need voting leave
- Provide reasonable advance notice (at least 24-48 hours if possible)
- Follow any company procedures for requesting time off
- Put your request in writing if possible
Employer policies: Some employers have policies requiring advance notice for voting leave. While not required by law, following company policies avoids potential conflicts.
Short notice: If you forget to request leave in advance, you’re still entitled to it if you meet the two-hour threshold. However, last-minute requests may create scheduling difficulties.
Proof of Voting
Employers cannot require proof: Texas law does not allow employers to require you to provide proof that you voted (such as an “I Voted” sticker or voter registration receipt).
Penalty for not voting: Your employer cannot penalize you if you take voting leave but ultimately decide not to vote. The law provides leave to give you the opportunity to vote; it doesn’t require that you actually cast a ballot.
Good faith requirement: You should request voting leave in good faith. Fraudulently requesting leave when you have no intention of voting could be grounds for discipline, though employers cannot verify whether you voted.
Retaliation and Discrimination Protections
While Texas Election Code § 276.004 doesn’t explicitly state penalties for employer violations, retaliation for requesting or using voting leave is illegal.
Prohibited Employer Actions
Illegal conduct:
- Refusing to provide voting leave to eligible employees
- Firing or disciplining employees for requesting or using voting leave
- Reducing pay or benefits as punishment for voting
- Threatening employees who request voting leave
- Creating a hostile work environment for exercising voting rights
Legal Remedies
If your employer violates your voting leave rights, you may have grounds for:
- A wage claim for unpaid voting leave (file with Texas Workforce Commission)
- A lawsuit for lost wages and damages
- A retaliation claim if you were fired or disciplined
Document everything:
- Written requests for voting leave
- Employer responses (emails, texts, verbal statements)
- Evidence of discipline or retaliation
- Pay stubs showing unpaid voting leave
Consult an attorney: If you face retaliation for exercising voting rights, contact an employment attorney promptly. Voting rights violations can also implicate constitutional protections.
Practical Tips for Employees
Determine If You Qualify
Before requesting leave, calculate whether you have at least two consecutive hours to vote outside work hours.
Check poll hours: Texas polls are typically open 7:00 AM to 7:00 PM, but verify your local poll hours on election day.
Consider your commute: If you have a long commute, factor that into your calculation. If your commute means you can’t realistically vote before or after work, explain this to your employer.
Request Leave Properly
- Give advance notice when possible
- Specify that you’re requesting leave under Texas Election Code § 276.004
- Be clear about how much time you need (up to 2 hours)
- Follow your employer’s procedures
Use Early Voting When Possible
Early voting in Texas typically offers:
- Extended hours (often 7:00 AM to 7:00 PM, sometimes later)
- Weekend voting options
- Less crowded polling locations
- More flexibility to fit voting into your schedule
Using early voting can eliminate the need for voting leave and avoid potential conflicts with your employer.
Know Your Rights
- You’re entitled to paid leave, not unpaid
- Your employer chooses the timing (beginning or end of shift)
- You cannot be required to use vacation or PTO
- You cannot be penalized for requesting leave
- All elections are covered, not just major elections
Frequently Asked Questions
Do I get paid for voting leave in Texas?
Yes. If you’re entitled to voting leave (because you don’t have two consecutive hours outside work hours), the leave must be paid at your regular rate.
Can my employer require me to vote early instead of taking leave on election day?
No. Your employer cannot force you to vote early or by mail to avoid providing voting leave. However, if early voting is available, your employer may argue that you had sufficient opportunity to vote, though the law specifically references “the day of any election.”
What if I need more than 2 hours to vote due to long lines?
Texas law limits the required leave to 2 hours. If lines are unexpectedly long and you need more time, communicate with your employer. Some employers may be flexible, but they’re not legally required to provide more than 2 hours.
Can I take voting leave if I work a night shift?
If your night shift prevents you from having two consecutive hours while polls are open, you should be entitled to voting leave. For example, if you work 11:00 PM to 7:00 AM and polls close at 7:00 PM, you’d have no opportunity to vote and would qualify for leave.
Does voting leave apply to federal employees in Texas?
Federal employees are governed by federal law, not state voting leave laws. Federal employees generally receive administrative leave to vote, but the rules differ from state law.
What if I’m scheduled to work on election day but normally have that day off?
If you’re not scheduled to work on election day, you obviously don’t need voting leave. The law only requires employers to provide leave when your work schedule conflicts with your ability to vote.
Understanding Your Voting Leave Rights in Texas
Texas voting leave is a mandatory paid benefit that ensures all employees can exercise their right to vote, regardless of their work schedule. It’s one of the few areas where Texas requires paid time off.
Key points:
- Up to 2 hours of paid leave if you lack 2 consecutive hours outside work to vote
- Applies to all elections
- Employer chooses timing of leave
- Cannot be required to use vacation or PTO
- No retaliation for exercising voting rights
Plan ahead: Check your work schedule against poll hours before each election and determine whether you need voting leave. Early voting often provides more flexibility and eliminates the need for leave on election day.
For related information, explore:
Return to the Texas Leave Laws Hub for a complete overview of leave rights in Texas.
Legal Disclaimer: This article provides general information about Texas voting leave laws and should not be construed as legal advice. Employment laws are complex and fact-specific. If you believe your rights have been violated or have questions about your specific situation, consult with a qualified employment law attorney.