Top Tip: Voting Leave Laws in the Mid-Atlantic

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Election Day is Tuesday, November 3, 2020, and many states require employers to provide employees with paid or unpaid leave to vote. Although early voting or vote-by-mail has been implemented in numerous states, employers may still need to provide leave on Election Day. Below is a summary of voting leave laws in the Mid-Atlantic region.

  • Delaware: None
  • District of Columbia: Employers must provide two hours of paid leave if the employee would have been scheduled to work during the time for which the leave is requested. The employee must request the leave a “reasonable” time in advance. The employer can schedule the leave, including during an early voting period or at the beginning or end of the employee’s shift.
  • Maryland: Employers must provide up to two hours of leave if the employee does not have two non-work hours during the period polls are open. The leave is paid if the employee provides proof of voting (a State form).
  • New Jersey: None
  • New York: Employers must provide up to two hours of paid leave during the time polls are open if the employee does not have at least four consecutive nonworking hours during the period polls are open in which to vote. Employees must provide at least two working days’ and up to ten working days’ notice of the need for leave.
  • Pennsylvania: None
  • Virginia: None
  • West Virginia: Employers must provide up to three hours of paid leave if the employee does not have three hours of nonworking time during the period polls are open in which to vote. Employees must request the leave in writing three days prior to the election. Employers in essential government, health, hospital, transportation, and communication services, and in production, manufacturing and processing works requiring continuity of operations may schedule the voting leave to avoid impairment or disruption of essential services and operations.