Proposed Federal Law Mandates 2 Hours Paid Time Off for Voting for Employees at Companies with 25+ Staff

The new Time Off to Vote Act is pretty straightforward: it mandates that employers with 25 or more workers must give those employees a minimum of two consecutive hours of paid leave to vote in federal elections. This isn’t a suggestion; it’s a requirement, and it applies to everything from voting on Election Day to dropping off a mail-in ballot in person.

Your Two Hours, Paid

For most people juggling work and life, finding time to get to the polls can be a headache, especially if you work shifts or have a long commute. This bill (SEC. 2) removes the financial barrier by making those two hours paid time. That means you don't have to burn PTO or lose wages just to exercise your civic duty. This is a significant baseline protection, especially in states that currently only require unpaid leave or no leave at all. If you're covered, your employer can’t mess with your benefits or retaliate against you for taking this time, and the Department of Labor can hit them with up to a $10,000 fine per violation if they try anything.

The Employer's Call on Timing

While the leave is mandatory and paid, the bill gives employers a decent amount of control over when you take it (SEC. 2). They get to decide the exact two-hour window. Crucially, they can also require you to take this time during an early voting period instead of on Election Day itself, provided state law allows for early voting. This is where things get a bit nuanced: while it guarantees time, it doesn't guarantee you get to vote exactly when you want. For example, if your state has three weeks of early voting, your employer could schedule your two hours for a Tuesday morning two weeks before the actual election day. This flexibility helps businesses manage staffing but might be less convenient for workers who prefer voting on the traditional day or need to coordinate with family schedules.

Who’s Covered and Who Isn’t

This law applies to employers who have 25 or more employees. If you work for a small, local business with 24 employees or fewer, this federal mandate won't cover you, though you might still be protected by state or local laws. The good news is that the federal law explicitly states that it doesn't override any existing state or local laws that are better for the employee (SEC. 2). So, if your state already gives you four hours of paid leave, that better state law still applies. This federal bill is essentially setting a national floor, not a ceiling, for voting access.

The Real-World Impact

For a warehouse worker who clocks in at 6 AM and works until 4 PM, this paid leave means they don't have to choose between a paycheck and casting a ballot. For the employer, the cost is the two hours of wages for every employee who requests the time off, plus the administrative task of scheduling these windows. The law is enforced by the Secretary of Labor, following rules similar to the Family and Medical Leave Act (FMLA), which means there’s an established system for handling complaints and penalties. The penalty structure is somewhat flexible, allowing the Secretary to consider the size of the business and the seriousness of the violation when deciding the fine, which should help avoid crushing fines for honest mistakes by mid-sized businesses.