A law signed by New Jersey Gov. Murphy in his final days in office expands the New Jersey Family Leave Act to smaller employers and lowers the requirements for employee eligibility beginning on or about July 17, 2026. The new law also arguably provides employees who receive Temporary Disability Insurance (TDI) or Family Leave Insurance (FLI) benefits with job-protected leave. Our New Jersey colleagues provide a deep dive on employers’ obligations here: New NJ Family Leave Act Broadens Employee Access and Benefits, Complicates Employer Compliance – Jackson Lewis

Late yesterday, the 5th Circuit Court of Appeals vacated the split panel opinion from August allowing enforcement of the Pregnant Workers Fairness Act (PWFA) against the state of Texas. The issue is whether the U.S. Constitution required House lawmakers’ physical presence to have a quorum when the PWFA was approved as part of the Consolidated Appropriations Act in December 2022.

Texas filed suit against the federal government shortly after President Biden signed the Consolidated Appropriations Act in December 2022, claiming the PWFA could not be enforced against it because Congress violated the U.S. Constitution when it passed the bill relying on the COVID-19-pandemic-era rule permitting non-present members of Congress to be included in the quorum count and vote by proxy.

On Aug. 15, 2025, a divided panel of the 5th Circuit Court of Appeals held that the PWFA was constitutionally enacted because the Quorum Clause did not require members of Congress to be physically present when they enacted the Consolidated Appropriations Act of 2023, which included the PWFA.  The 5th Circuit’s August decision reversed the Northern District of Texas’ Feb. 27, 2024 decision permanently enjoining the Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) from enforcing  the PWFA against  the State of Texas and its agencies.

The scope of the district court’s injunction is narrow. The EEOC and other federal agencies are enjoined only from enforcing the PWFA against the State of Texas. The injunction does not extend to any private employers or other governmental employers.

The California Department of Labor Standards Enforcement recently released a revised Healthy Workplaces/Healthy Families Act (HWHFA) poster reflecting recent amendments to the state paid sick leave law. California employers must promptly update their workplace postings. Our California colleagues offer additional insights here.

On November 20, 2025, the Philadelphia City Council amended the Philadelphia Fair Practices Ordinance (PFPO) to prohibit discrimination against employees based on menstruation, perimenopause, and menopause.

Starting January 1, 2027, Philadelphia employers must, upon request, provide reasonable accommodations “for needs related to menstruation, perimenopause, or menopause, if the symptoms of menstruation, perimenopause, or menopause substantially interfere with an employee’s ability to perform one or more job functions,” unless doing so would cause the employer an undue hardship.

Because menstruation, perimenopause, and menopause are not explicitly recognized as protected classes under Pennsylvania or federal law, employers should be aware of these unique obligations and employee protections. While Rhode Island adopted a law in June 2025 requiring employers to provide workplace accommodations for job applicants and employees experiencing menopause and menopause-related medical conditions, Philadelphia’s ordinance specifically addresses menstruation. Philadelphia is the first major American city to include menstruation, perimenopause, and menopause among its list of protected classes.

The PFPO was last amended on January 16, 2023 to provide employees with protection on the basis of their reproductive health autonomy.  

Employers already familiar with engaging in the interactive process can follow a similar protocol when providing accommodations to those experiencing symptoms of menstruation, perimenopause, or menopause. Before the ordinance goes into effect, however, employers may consider reviewing their policies and accommodation practices as well as training managers and human resources teams.

Minnesota employers should be prepared for significant changes in the leave law landscape in 2026. The statewide Paid Leave program rolls out on Jan. 1, 2026, and Minneapolis and Saint Paul both recently amended their Earned Sick and Safe Time Laws. Our Minnesota colleagues outline key compliance considerations and next steps for employers. Read the full analysis here: Countdown to 2026: Essential Paid Leave, Earned Sick and Safe Time Updates for Minnesota Employers – Jackson Lewis

The Illinois legislature enacted a number of measures in 2025 that will impact employers’ leave and accommodation policies and practices.  Employers should be aware of important changes with regard to military leave, blood and organ donation leave, leave to care for a child in neonatal intensive care, and more.  Our Illinois colleagues provide a comprehensive summary of those developments here.

Beginning February 22, 2026, amendments to New York City’s Earned Safe and Sick Time Act go into effect expanding employee rights and increasing employers’ safe and sick time compliance obligations. Among other things, employers will be required to frontload 32 hours of unpaid safe and sick time to covered employees immediately upon hire and at the start of each calendar year. The amendments also broaden the qualifying reasons for using safe and sick time. Read more about these important changes from our New York colleagues here.

Effective October 1, 2025, Maryland House Bill 895, titled the Employment and Insurance Equality for Service Members Act broadens the definition of “Uniformed Services” to include not only the Armed Forces, but also the Commissioned Corps of the Public Health Service and the National Oceanic and Atmospheric Administration (“NOAA”).  This expansion has two key implications for employees and employers: 

  1. Broader Eligibility for Paid Leave: Employees with covered family members serving in these newly recognized branches may now qualify for paid leave under the FAMLI program. This includes leave to care for a service member with a serious health condition resulting from active duty. 
  1. Expanded Access to Exigency Leave: While the types of qualifying exigencies—such as attending deployment-related events, arranging childcare, or spending time with a service member on short-term leave—remain unchanged, the pool of eligible employees has grown due to the broader definition of “Uniformed Services.” 

Although these changes take effect in October 2025, employers should note that the implementation of the FAMLI program itself has been delayed. Contributions are now scheduled to begin on January 1, 2027, with benefits available starting January 3, 2028. 

Employers should review their leave policies and update any references to “military” or “armed forces” to reflect the new “Uniformed Services” terminology.  

Takeaways

  • Know your state’s rules: Voting leave requirements vary widely — some mandate paid time off, others unpaid, and several include posting or notice obligations.
  • Review and update practices annually: State laws change frequently — conduct a yearly compliance review ahead of each election cycle.
  • Remember remote workers: Voting leave laws generally depend on the employee’s work location, not the company’s headquarters.
  • Build goodwill via compliance: Supporting employees’ right to vote not only avoids penalties but also fosters a culture of civic engagement and trust.

Article

As Election Day 2025 approaches, employers should ensure compliance with state and local laws governing employee voting leave. While not all jurisdictions require employers to provide time off to vote, many do—often with specific conditions related to notice, pay and posting obligations. Failure to comply with these requirements can result in civil or even criminal penalties.

Given the continuing evolution of state election and voting leave laws, employers are encouraged to review their practices annually to confirm they remain compliant and to ensure all employees are properly advised of their rights related to time off and, as applicable, pay to vote.

Understanding State-Specific Obligations

Employer obligations vary significantly by state. Some states mandate paid time off for voting, including early voting or absentee ballot submission. Others allow this time to be unpaid. The specifics can differ widely, including:

  • Amount of time: The required amount of time off can vary. Some states specify a set number of hours, while others require “sufficient” time to vote.
  • Work hours consideration: In some states, if employees have sufficient time to vote outside of work hours, employers may not be obligated to provide additional time off.
  • Scheduling: Employers may have the right to dictate when the time off is taken, such as at the beginning or end of the workday.
  • Notice and posting requirements: Certain jurisdictions require employers to post notices informing employees of their voting leave rights.
  • Election officials and elected office: Some states also require employers to provide time off for employees serving as election officials or in elected positions.

Note that applying these specifics to expanded early voting often is not clear.

Best Practices for Employers

To ensure compliance and support employee participation in the election, employers should:

  1. Regularly review practices: Ensure they align with current laws and be prepared to address employee requests for time off before election day.
  2. Consider remote employees: Understand how state laws apply to remote employees; the rise of remote work may afford employers more flexibility in meeting voting leave obligations.
  3. Address posting requirements: Ensure that any required notices about voting leave rights are posted in accordance with state laws, which may include digital postings for remote employees.
  4. Promote employee morale: Consider creating a culture that encourages voting and ensures compliance with all relevant policies; employees’ right to vote can positively impact morale.

By staying informed and proactive, employers can navigate the complexities of voting leave requirements and support their employees’ civic engagement during the 2025 election.

Sampling of State Law Requirements 

California: Pursuant to California Election Code § 14000, an employee who does not have sufficient time outside of working hours to vote at a statewide election may take off enough working time that, when added to the voting time available outside of working hours, will enable the voter to vote without loss of pay. 

Notice, Hours, PostingPaid?
Notice: Two working days’ advance notice prior to the election is required if, on the third working day prior to the election, the employee knows or has reason to believe they will need time off to vote.Hours: Time may be taken only at the beginning or end of the work shift, whichever allows the greatest amount of free time for voting and least time off from work, unless otherwise mutually agreed.Posting requirement: Employers must post a notice of voting time requirements at least 10 days before an election. Employers can satisfy this requirement by posting a copy of the “Time Off to Vote” notice.Paid: No more than two hours of the time taken off for voting may be without loss of pay.

Colorado: Colorado Revised Statute §1-7-102 provides that eligible voters are entitled to be absent from work for up to two hours for the purpose of voting on election day, unless the employee has at least three nonworking hours to vote while the polls are open.

Notice, HoursPaid?
Notice: The employee must apply for leave prior to election day.Hours: The employer may specify the hours of absence, but the hours must be at the beginning or end of the work shift, if the employee so requests.Paid: No more than two hours.

District of Columbia: Under D.C. Official Code § 1-1001.07a, eligible voters are allowed at least two hours of paid leave to vote in person or, if the employee is not eligible to vote in the District, in any election run by the jurisdiction in which the employee is eligible to vote.

Notice, Hours, PostingPaid?
Notice: Employers may require employees to give reasonable notice of intent to vote. The regulations define reasonable as either (1) a request consistent with an existing employee leave policy, or (2) if there is no leave policy, no later than seven days before the time requested to vote.Hours: Employers may specify the hours during which the employee may take the leave, including requiring that the employee take the leave either during a period designated for early voting instead of on the day of the election or at the beginning or end of their working hours.Posting requirement: For 60 days prior to and until all scheduled elections, including special elections, employers must post and maintain a notice, developed by the D.C. Board of Elections in consultation with the Office of Human Rights’ Language Access Program, in a conspicuous place and accessible place where employees work. Employers may download the notice from the Board’s website or request the notice by sending an email to communications@dcboe.org. For remote workers, or if no conspicuous and accessible place exists for posting, employers must provide the notice to individual employees, provided that the employee signs an acknowledgement of receiving the notice.Paid: Upon the employee’s request, an employer must provide the employee at least two hours of paid leave to vote in person, provided that the employee would have been scheduled to work during the time for which the leave is requested.

Florida: Fla. Stat. § 104.081 provides that employers cannot fire an employee for voting; otherwise, no law requiring employee time off to vote. Employer may specify the hours during which employee may be absent.

Notice, HoursPaid?
Notice: Statute is silent on employee notice requirement.Hours: Employer may specify the hours during which employee may be absent.Paid: Leave is unpaid.

Illinois: Under Illinois Statute 10 ILCS 5/17-15, an eligible voter is allowed time off for a period of up to two hours between the time the polls open and close.

Notice, HoursPaid?
Notice: Employees must provide notice prior to election day.Hours: Employers may specify the hours during which the employee may be absent, except that the employer must permit a two-hour absence during working hours if the employee’s working hours begin less than two hours after opening of the polls and end less than two hours before closing of the polls. Paid: Employers cannot reduce employees’ pay for voting time leave.

Iowa: Under Iowa Code § 49.109, eligible voters are allowed two voting hours when polls are open, unless employee has two consecutive nonworking hours when polls are open to vote.

Notice, HoursPaid?
Notice: Employees must make a written application to vote before voting day.Hours: The employer may designate the period of time to be taken.Paid: If taken during work hours.

Kentucky: Pursuant to Kentucky Revised Statute § 118.035, eligible voters are allowed reasonable time to vote, but not less than four hours while polls are open. Employees are also allowed up to four hours’ absence on the day of appearing before the county clerk, during business hours, to request an application or execute an absentee ballot. Employer may specify hours during which an employee may absent themselves.

Notice, HoursPaid?
Notice: The employee must apply for leave prior to voting days.Hours: The employer may specify the hours of absence.Paid: No requirement to provide paid time off.

Missouri: Under Mo. Rev. Stat. §115.639, eligible voters are entitled to three hours to vote, unless polls are open during three successive nonworking hours.

Notice, HoursPaid?
Notice: Employees must make an application to vote before voting day.Hours: Employer may specify any three hours between the polls’ opening and closing times during which an employee may be absent.Paid: If vote is cast.

Nebraska: Under Neb. Rev. Stat. § 32-922 eligible voters are allowed up to two hours to participate in all elections, unless polls open two consecutive hours before or after work, then the employee is allowed enough time off, when added to free time, to equal two consecutive hours.

Notice, HoursPaid?
Notice: Employees must apply for leave of absence to vote to the employer or person authorized to grant such leave prior to the day of the election.Hours: Employers may specify the hours during which the employee may be absent.Paid: If application is made on or before election day.

Nevada: Under Nev. Rev. Stat. §293.463, eligible voters are allowed “sufficient time” to vote, unless “sufficient time” exists during nonworking hours. Employees must be granted one to three hours to vote, depending on distance to the polls, as follows: One hour, if the distance between the voter’s place of employment and polling place is two miles or less; two hours, if the distance is from two to 10 miles; and three hours, if the distance is more than 10 miles.

Notice, HoursPaid?
Notice: Employees must apply for leave of absence to vote to the employer or person authorized to grant such leave prior to the day of the election.Hours: Employers may specify the hours during which the employee may be absent.Paid: Employers cannot reduce pay because the employee takes voting time leave.

New York: New York Election Law §3-110 states that a registered voter who does not have four consecutive nonworking hours to vote while the polls are open may take off so much working time as will enable the person to vote at any election without loss of pay for up to two hours.

Notice, Hours, PostingPaid?
Notice: The employee must provide notice of leave at least two working days prior to the election.Hours: The employer may specify the hours. Leave must be given at the beginning or end of the work shift, as the employer may designate, unless otherwise agreed.Posting requirement: Employers must also conspicuously post a notice for employees about the law not less than 10 working days before every election. The notice must be kept posted until the close of the polls on election day.Paid: Not more than two hours may be taken without loss of pay.

Texas: Under Tex. Elect. Code §276.004, an eligible voter is not entitled to any time off if polls are open during two consecutive nonworking hours.

Notice, HoursPaid?
Notice: Statute is silent on employee notice requirement.Hours: Amount not specified.Paid: Leave is paid. 

Wisconsin: Wis. Stat. § 6.76, an eligible voter is allowed up to three consecutive hours to vote while polls are open. Employers may designate time of day for absence.

Notice, HoursPaid?
Notice: Employee must make an application to vote before election day.Hours: Employer may designate time of day for absence.Paid: Leave is unpaid. 

Conclusion | Contact

It is important for employers to check local laws (albeit limited) to ensure compliance with voting leave rights. 

Our team of attorneys at Jackson Lewis is available to assist with any inquiries regarding state and local regulations and best practices to help ensure your organization remains compliant.