Employers must give you time off to vote in 28 states: What workers need to know about Election Day rights

Although a record number of Americans are voting early this year, both at the polls and by mailing in ballots, most people will vote on Election Day, Tuesday, November 5.

Some 68 million people have already voted and heavy turnout is expected in many states on Election Day, so be prepared for the possibility of long lines at polling stations and some delays.

You might be wondering what you should do if you need time off to vote. Here’s what to know.

Which states have voting leave laws?

Your employer has to give you time off to exercise your right to vote (with some restrictions) in more than half the states in the country, plus the District of Columbia. (This is not a federal law, so details vary from state to state.)

The 28 states with laws in place are: 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, and Wyoming.

Additionally, North Dakota has a law encouraging employers to provide time off, but it’s not mandated.

Want to know your rights? This state-by-state guide to time off from Fisher Phillips will tell you if your state provides voting leave, if your employer has to pay you for the time it takes to vote during work hours, whether you can block out specific hours to vote, and if you have to give your job advance notice to leave.

Will I still get paid if I leave work to vote?

That depends on which state you work in. Most of those 28 states that have voting leave laws plus Washington, D.C., also require your job to pay you for time spent voting during work hours. The exceptions are Alabama, Arkansas, Georgia, Massachusetts, and North Dakota.

How much time off can I take to vote?

While it varies from state to state, it really depends how long the polls are open before and after your workday. And it can get a little complicated.

For example, in Alabama, eligible employees are entitled to take up to one hour of leave, unless their shift starts at least two hours after the polls open or ends at least one hour before they close.

In New York, if employees have four consecutive hours between the time the polls open and the start of their shift, or between the end of their shift and the time the polls close, they are considered to have enough time to vote outside of their work hours.

Plan your vote

Before you go to the polls, it is helpful to read about Election Day voting rules, voter ID requirements, and key races in your state.

NBC News has put together this 2024 election page to help you plan your vote. Just type in your state (you can even type in your Congressional district) and it will tell you everything you need to know before you head out the door to the polls.

And while nobody likes to wait in line, it may help to remember that historically, not everyone in this country has always had the right to vote. Women were denied the right to vote until 1920, while African-Americans were not assured basic voting rights until 1965.