Voting Leave Laws in North Carolina: Your Right to Vote at Work

Federal law does not mandate voting leave nationally. The Voting Rights Act of 1965 (42 U.S.C. § 1973) protects the right to vote but does not require employers to provide paid time off. Some states, including North Carolina, have enacted their own voting leave statutes to ensure employees can exercise their voting rights without fear of job loss or reduced pay.

The National Labor Relations Act (29 U.S.C. § 151 et seq.) protects concerted activity related to working conditions but does not specifically address voting time. The Fair Labor Standards Act (29 U.S.C. § 201 et seq.) does not address voting leave; states must establish their own protections. Federal employees are covered under 5 U.S.C. § 6311, which grants them up to three hours of paid leave to vote.

The EEOC enforces federal civil rights protections in voting contexts under Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e), ensuring that voting-related decisions are not made on the basis of race, color, religion, sex, or national origin. However, voting leave itself is a state matter, leaving North Carolina to define its own requirements.

North Carolina General Statute § 163-278.99 establishes the state's voting leave requirement. The law is stronger than federal law because it affirmatively requires employers to grant paid time off, whereas federal law is silent on voting leave.

Under N.C.G.S. § 163-278.99(a), every employer shall allow employees a reasonable opportunity to vote during the hours of the day designated for voting on any day fixed by law for the holding of any election. If there is insufficient time for an employee to vote before or after their work hours, the employer must permit the employee to be absent during working hours for the purpose of voting, without penalty and with payment for the time spent voting.

The statute applies to all employers in North Carolina, regardless of size. Unlike federal protections, North Carolina does not impose a minimum employee count threshold. All employers—public and private, large and small—must comply. The law covers all employees on the employer's payroll, with no exemption for certain job categories or industries.

N.C.G.S. § 163-278.99(d) explicitly prohibits retaliation. An employer may not discharge, threaten, or in any manner discriminate against any employee because the employee has voted or requested or been granted time off to vote. This protection extends to employees who inquire about their voting leave rights or assert those rights.

The statute is silent on whether advance notice to the employer is required. Best practice is to notify the employer as soon as practicable, but North Carolina law does not mandate a specific notice period. Remedies available under state law include reinstatement, back pay, and damages for retaliation. Violations may also trigger investigation by the North Carolina Department of Labor.

North Carolina's voting leave statute contains limited explicit exceptions. The law permits employers to specify the hours during which employees may be absent to vote, provided that the hours chosen do not prevent the employee from voting. Employers may deny time off if evidence shows the employee had sufficient opportunity to vote before or after work hours, though this is a narrow exception and the burden falls on the employer to demonstrate lack of need.

At-will employment doctrine in North Carolina does not override voting leave protections. Under N.C.G.S. § 95-28.2, employers cannot terminate employees in violation of state law, which includes N.C.G.S. § 163-278.99. Retaliation for requesting or taking voting leave constitutes unlawful termination.

Small employers are not exempt. Unlike some federal protections, North Carolina's voting leave statute does not distinguish based on employer size. Even single-employee businesses must comply.

Employees must actually vote or attempt to vote to be protected; the statute does not protect employees who take time off under false pretenses. However, an employee need only demonstrate a bona fide intent to vote; proof of actual voting is not required.

Union and collective bargaining agreements may provide greater voting leave protections, but cannot diminish the statutory minimum. Public employees have additional protections under N.C.G.S. § 163-278.99, with the same baseline requirements.

There is no exemption for businesses claiming operational hardship, though employers may stagger voting times across shifts to minimize disruption. Salaried employees must receive their full salary regardless of voting time taken.

Step 1: Document the Violation. Keep a written record of: (a) the date you requested time to vote or mentioned voting leave; (b) your employer's response, whether oral or written; (c) the date of the election; (d) whether you were permitted to vote and for how long; (e) any adverse action taken after the request, such as discipline, reduced hours, negative performance reviews, or termination; (f) names and dates of any witnesses; (g) copies of any emails, text messages, or written policies discussing voting leave. Document the time you actually spent voting and confirm you could not vote before or after your scheduled work hours.

Step 2: Internal Complaint Process. Before filing a formal charge, attempt to resolve the matter internally if safe to do so: (a) speak directly with your supervisor or HR department in writing (email preferred for documentation); (b) clearly state that you are requesting time to vote and cite N.C.G.S. § 163-278.99; (c) provide a deadline for the employer's response (5-10 business days); (d) request written confirmation of the employer's decision. This step creates a paper trail and may prompt immediate compliance. If the employer refuses or retaliates after internal complaint, proceed to Step 3.

Step 3: File a Complaint with the North Carolina Department of Labor. (a) Visit www.nclabor.com or call the Wage and Hour Bureau at (919) 807-2796. (b) You may file electronically or by mail to: North Carolina Department of Labor, Wage and Hour Bureau, 1101 Mail Service Center, Raleigh, NC 27699-1101. (c) The complaint must be filed within two years of the violation (or within four years if the violation was willful). (d) Include: your name and contact information, employer name and address, date(s) of the violation, detailed description of what happened, names of witnesses, copies of documents (emails, policies, pay stubs showing reduced hours), and your desired remedy (back pay, reinstatement, damages). (e) You do not need an attorney to file; the state processes complaints at no cost. (f) Deadline: file as soon as possible after the violation; delaying weakens your case.

Step 4: Investigation and Resolution. Once filed: (a) the North Carolina Department of Labor will contact your employer to investigate; (b) the employer will be asked to respond to allegations and provide relevant documents; (c) the department will review all evidence, typically within 30-60 days; (d) if a violation is found, the department will attempt conciliation (negotiated settlement); (e) if conciliation fails, the department may issue a citation and require the employer to pay back wages, damages, and attorney's fees; (f) you will be notified of the outcome in writing. The process is administrative and does not require court involvement unless the employer appeals or refuses to comply.

Step 5: Consult an Attorney. Contact an employment law attorney in North Carolina if: (a) your employer retaliates after you file a complaint; (b) the Department of Labor's investigation stalls or you disagree with its finding; (c) you want to pursue damages beyond back pay (such as emotional distress or punitive damages); (d) your employer is large or well-resourced and you need representation for settlement negotiations; (e) you wish to file a civil lawsuit in addition to or instead of a Department of Labor complaint. Many employment attorneys in North Carolina handle voting leave cases on a contingency basis (no upfront cost). Contact the North Carolina State Bar Lawyer Referral Service at (919) 828-4620 or visit www.ncbar.org for attorney listings.