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

Missouri Revised Statutes § 115.127 requires employers to permit eligible employees to take up to 2 hours of paid time off to vote on election day. Missouri's voting leave law is employer-mandated and paid, which is stronger protection than most states that provide unpaid leave or no requirement at all.

Coverage applies to all employers in Missouri with employees subject to the statute, regardless of size. The law covers general elections, primary elections, and any election where the employee is eligible to vote. The employer does not need to match the federal thresholds for discrimination laws (15 employees) or FMLA (50 employees); the voting leave requirement applies more broadly.

Under § 115.127, the time off must be granted unless the employee has at least 3 consecutive hours during which polls are open either before the employee's shift begins or after it ends. If such time exists, the employer is not required to grant additional time. The employee must notify the employer before election day of the intent to vote.

The time off is paid at the employee's regular rate of compensation. Unlike federal law, which is silent on voting leave, Missouri imposes this affirmative duty. Employers who deny voting leave in violation of § 115.127 may be liable for unpaid wages under Missouri Revised Statutes § 290.140, the state's wage and hour law, and potentially face penalties.

Under Missouri Revised Statutes § 115.127, an employer is not required to grant voting leave if the employee has at least 3 consecutive hours during which the polls are open before the employee's shift begins or after the shift ends. This means employees working early morning or late-night shifts may not qualify if they have sufficient voting time outside their work hours.

The law does not apply to employees who fail to notify their employer before election day of their intent to vote. Advance notice is a condition of the entitlement, and employers may legally deny leave to employees who do not provide timely notification.

Partial exceptions exist for operational hardship, though Missouri law is less clear on this than some other states. Employers may argue that granting leave would unduly disrupt operations in critical roles, though the statute does not explicitly provide this exception. Courts have not widely recognized a blanket hardship defense under § 115.127.

The voting leave requirement applies only to elections where the employee is eligible to vote—citizens, registered voters, and residents of the jurisdiction holding the election. Ineligible voters cannot demand leave.

Contractual agreements may not reduce or eliminate the statutory right to voting leave. Employers cannot require employees to waive the right or to use vacation, sick leave, or other accrued leave instead of voting leave.

Step 1: Document the Denial of Voting Leave. Keep copies of any written or email communication with your employer requesting voting leave before election day. Write down the date and time you requested leave, the name of the person you spoke with or emailed, and the employer's response. Save any scheduling documents, payroll records, or correspondence showing that you were required to work on election day when you had requested voting leave. If possible, obtain a copy of the work schedule showing you were scheduled during voting hours. Document any retaliation, such as disciplinary action, written warnings, or scheduling changes that occurred after your voting leave request.

Step 2: Attempt Internal Resolution. Contact your employer's HR department or management in writing (email preferred for documentation) to request that voting leave be granted or that you be compensated for the denied time off. Clearly cite Missouri Revised Statutes § 115.127 and explain that you notified the employer before election day and did not have 3 consecutive hours outside your work shift to vote. Request payment for the 2 hours at your regular rate. Keep a copy of this communication. Many violations are resolved at this stage without escalating to a government agency.

Step 3: File a Wage Claim with the Missouri Department of Labor and Industrial Relations. File a wage claim under Missouri Revised Statutes § 290.140, which addresses unpaid wages and voting leave violations. The Department of Labor's Wage and Hour Division accepts claims. You can file online at labor.mo.gov or submit a paper form. Include your name, address, phone number, employer name and address, the date of the election, the hours of voting leave denied, your regular hourly rate, and a detailed description of the violation. Include copies of all documentation from Step 1 and Step 2. There is no statutory deadline for filing, but act promptly—generally within 1-2 years to protect your claim. Filing is typically free.

Step 4: Expect the Investigation Process. Once filed, the Department of Labor's investigator will contact both you and the employer to gather information. This process typically takes 30–90 days, though complex cases may take longer. The investigator will review payroll records, work schedules, and communications. You may be asked to provide additional documents or a written statement under oath. The employer will have an opportunity to respond to your allegations. You should be prepared to explain when you gave notice, why you needed voting leave, and how the employer denied or failed to pay for it.

Step 5: Resolution and Legal Action. If the investigation determines a violation occurred, the Department of Labor will issue an order requiring the employer to pay the unpaid wages plus interest. Interest accrues at the rate set by Missouri law. If the employer refuses to pay, you may sue in Missouri circuit court or pursue further enforcement through the Department of Labor. If you believe the case is complex or if the employer is uncooperative, consult an employment attorney licensed in Missouri. Look for attorneys who specialize in wage and hour law or employment law generally. Many offer free initial consultations and work on contingency (you pay only if you win).