Election Day is fast approaching and, if you're not one of the tens of thousands of Texans who has already cast a ballot during Early Voting, you might be wondering: Does my boss have to give me time off to vote on Election Day?
Federal law doesn't require employers to give employees any time off to vote, much less paid time off, and the laws vary from state to state.
CNBC reports just 29 states and the District of Columbia currently require employers to give employees time off to vote in general elections. Texas is one of 23 states that guarantee employees time off to vote on Election Day and also guarantees that if that time cuts into a person's normal workday that they are paid for that time. But, as you might expect, there are a few rules around that.
According to the Texas Workforce Commission, Texas Election Code entitles any employee who did not vote during Early Voting to take paid time off to vote on Election Day unless that employee has at least two consecutive hours to vote outside of their normal working hours.
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Polls on Election Day are open from 7 a.m. until 7 p.m. So, if you work from 9 a.m. to 5 p.m., you have two hours on either side of your work day to vote and won't be guaranteed paid time off during the work day.
However, if your work schedule is such that you do not have two consecutive hours to vote on Election Day, your employer is required to provide you with a "reasonable amount of time to vote" and that time is to be paid.
The law does not require an employer to pay employees working overtime hours that they voluntarily requested, only those employees for whom overtime hours are mandatory.
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Lastly, an employer can prescribe a block of time for employees to go vote.
Guaranteed paid time off to vote is for Election Day only and not for Early Voting, which began on Oct. 24 and runs through Friday, Nov. 4.
Election Day for the 2022 midterm is Tuesday, Nov. 8.
To see CNBC's state-by-state guide to where Americans are guaranteed paid time off for voting, and where they aren't, click here.
IMPORTANT ELECTION DATES
Oct. 24 - First day of early voting
Nov. 4 - Last day of early voting
Nov. 8 - Election Day and the last day to receive a ballot by mail that is not postmarked (7 p.m.).
Nov. 9 (5 p.m.) - Last day to receive a ballot by mail that was postmarked by 7 p.m. on Nov. 8
