Voting Leave Laws in Maryland: Your Right to Vote at Work

Maryland provides stronger protections than the federal baseline by explicitly guaranteeing paid voting leave. Maryland Election Code § 10-308 requires that any employer shall permit employees to take time off, without penalty or threat of penalty, to vote. The law does not restrict voting leave to any particular class of employer—it applies to employers of all sizes operating in Maryland. Maryland Election Code § 10-309 specifies that employees are entitled to vote without loss of compensation, and the employer may not deduct voting time from wages, accrued leave balances, or any other compensation. The statute does not impose a threshold—it covers all employees.

Under Maryland law, employees are entitled to take up to two hours of paid time off to vote during the workday, though they should provide reasonable notice to their employer if practicable. The time must be paid at the employee's regular rate. Maryland Election Code § 3-202 additionally prohibits employers from discharging, threatening, or otherwise punishing any employee because of the employee's voting or candidacy for office, extending protection beyond voting leave itself to voting conduct generally.

Maryland's approach is employee-friendly: the statute does not require employees to exhaust other remedies before asserting voting rights, and violations can expose employers to civil liability and potential criminal penalties for knowing violations. The law applies to all employers in Maryland regardless of size or industry, and covers employees voting in any election—federal, state, or local.

Maryland's voting leave law contains few explicit exceptions. However, the statute permits employers to set the time when voting leave is taken, provided it does not prevent the employee from voting. This means an employer can schedule voting time to avoid operational disruption, but cannot deny voting leave altogether or schedule it at a time that makes voting impossible.

The law does not appear to contain a carve-out for small employers, government employees, or union workers—voting leave rights apply broadly. However, the requirement to provide "reasonable notice" gives employers some flexibility to coordinate with operational needs, and courts may imply an exception for business emergencies or unforeseeable circumstances.

Voting leave does not apply to time before or after work hours if the employee can reasonably be expected to vote during those times. If an employee has time to vote before starting work, during lunch, or after work ends, an employer may argue no voting leave is required. Additionally, the law protects the act of voting and voting leave itself, not conduct that interferes with the election process—so an employee cannot use voting leave as a pretext for political campaigning or other non-voting activity on election day.

Retaliatory discharge or discipline is prohibited, but the law does not protect employees from adverse action for unrelated reasons or legitimate performance issues that happen to coincide with a voting leave request.

Step 1: Document your voting leave request and the employer's response. Keep written records of any requests you made for voting time (email, text, or written note with date and time), the employer's approval or denial, the time you actually took off, and whether you were paid. If your employer discourages or threatens you for taking voting leave, document those statements in writing (dates, times, words used) and preserve any messages.

Step 2: Request voting leave through your employer's normal process. Contact your supervisor, manager, or human resources department and inform them you intend to vote on election day and will need time off to do so. Provide reasonable advance notice (at least a few days if possible). Ask for confirmation in writing if the employer permits the time off and whether it will be paid. Note the employer's response in writing.

Step 3: If the employer denies voting leave, file a complaint with the Maryland State Board of Elections (SBE) or consult an attorney about a private civil claim. The SBE can be reached at 1-800-222-8683 or online at mde.maryland.gov/elections. You may also report violations to the Maryland Attorney General's office. Private civil actions can be brought under Maryland Election Code § 10-308 for damages. The deadline to file a complaint should be documented as soon as possible after the violation occurs.

Step 4: The complaint investigation process. The Maryland State Board of Elections or Attorney General's office will review your complaint and investigate the employer's conduct. Investigations typically take 30-60 days. You may be asked to provide additional documentation, including the date of the election, your employer's written policies, and communications about your voting leave request. The employer will be notified and given opportunity to respond.

Step 5: If informal resolution does not occur, consult an employment attorney licensed in Maryland. An attorney can assess whether you have grounds for a civil claim for damages (including lost wages, emotional distress, and potentially punitive damages if the violation was knowing and willful), help you file a formal complaint with the Maryland Attorney General, or represent you in court. Given the strong language of the statute and protections against retaliation, many violations justify legal action.