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

Federal law does not mandate paid voting leave. The Help America Vote Act (HAVA) of 2002, 52 U.S.C. § 20901 et seq., addresses election administration but does not require employers to provide time off to vote. However, some states, including Washington, have enacted their own voting leave statutes to protect employee voting rights.

Federal law does protect against intimidation and coercion at the polls under 42 U.S.C. § 1971, which makes it illegal to intimidate, threaten, or coerce anyone attempting to vote. Additionally, the National Voter Registration Act (NVRA), 52 U.S.C. § 20501 et seq., requires employers with 15 or more employees to provide opportunities for voter registration, particularly in conjunction with driver's license applications and public assistance programs. However, these federal protections do not extend to providing paid time off work to vote. The Voting Rights Act of 1965, 52 U.S.C. § 10301 et seq., prohibits discrimination in voting based on race, color, or membership in a language minority group, but again, does not address employer time-off obligations. The EEOC does not enforce voting leave requirements—this is a state-level concern handled by state election authorities and labor agencies.

Washington's voting leave law is codified in Washington Revised Code § 29A.40.110, which provides broader protections than federal law by requiring employers to grant paid time off to vote. The statute states that any registered voter whose place of employment or business is within the state of Washington is entitled to time off during working hours on Election Day, without loss of pay or benefits, to vote.

Under Washington law, employees must be granted at least 2 hours to vote, provided the voting location is within a reasonable distance from the workplace. If an employee's shift begins less than 2 hours before the polls close, the employee must be released from work with pay to vote. Employees should request this time off before Election Day or as soon as practicable; employers cannot require advance notice beyond what is reasonable. Washington's law applies to all employers, regardless of size, making it broader than many federal protections that apply only to employers above a certain threshold.

Washington law is significantly stronger than the federal baseline because it affirmatively mandates paid time off, whereas federal law provides no such requirement. The state law protects both private and public sector employees and does not contain exceptions for small employers. Employers cannot deduct time spent voting from an employee's compensation, cannot discipline or threaten an employee for voting, and cannot interfere with an employee's right to vote. Remedies under Washington law include civil penalties of up to $1,000 per violation and recovery of lost wages through a wage claim filed with the Department of Labor & Industries.

Washington's voting leave law contains limited exceptions. An employer is not required to grant paid voting time if an employee has sufficient time to vote outside working hours. In Washington, where mail-in voting is standard for many elections and early voting is available, an employer may argue that an employee could have voted before Election Day. However, this defense is narrow; if an employee makes a timely request to vote in person on Election Day, the employer must comply.

The law does not apply to employees who are not registered voters or who are voting in elections outside Washington State. Similarly, the statute applies only to elections held within Washington and does not extend to recall elections or other balloting procedures unless they are conducted on a regular election day. Employers are not required to grant time off if the employee's work is of such nature that the absence would seriously or substantially interfere with the operations of the business. However, this exception is construed narrowly and must be documented by the employer; courts have consistently held that most businesses cannot claim this exemption.

Union employees covered by a collective bargaining agreement may be subject to more favorable terms negotiated in their contract; the statute does not preempt better protections. Additionally, exempt salaried employees and employees working remotely may have different practical implications, although the statute does not exclude them. The law does not protect an employee from discipline based on other reasons unrelated to voting; the employer must show that the discipline was not retaliatory and unrelated to the voting leave request.

Step 1: Document the Violation

Immediately document the date you requested voting leave, to whom you made the request, and the response you received. Keep emails, text messages, or written notes from your manager or supervisor. Document the exact time you worked on Election Day and the time you wanted to leave to vote. Save any communications showing the employer denied your request, discouraged you from voting, or disciplined you for attempting to vote. Photograph or screenshot any relevant documents, schedules, or communications. If other employees had voting leave approved while you were denied, note those instances.

Step 2: Internal Complaint and Documentation

File a formal written complaint with your employer's human resources department or management, if you have not already. State clearly that you requested time off to vote as required by Washington Revised Code § 29A.40.110, were denied or discouraged, and are asserting your legal right. Request a written response explaining the denial. Keep a copy of this complaint and all responses. If your employer retaliates against you after filing an internal complaint—by cutting your hours, changing your shift, or disciplining you—document those actions immediately with dates, times, and witnesses.

Step 3: File with the Appropriate Agency

You have two primary options. First, you may file a wage claim with the Washington Department of Labor & Industries (L&I) if you lost pay due to the violation. Visit the L&I website at www.lni.wa.gov or call 1-800-4-CLAIM-1 (1-800-425-2461). You will need to provide your name, employer name and address, the date of the violation, and a description of the lost wages. The filing deadline is generally within one year of the violation under Washington's wage laws, though voting leave violations may also be pursued as civil penalties. Second, you may file a complaint with the Washington Secretary of State's Elections Division, which enforces voting leave laws. Contact the Elections Division at 1-360-902-4151 or visit sos.wa.gov/elections. Provide details of your request, the employer's response, the date of the election, and any supporting documents.

Step 4: Investigation Process

If you file with L&I, the department will assign an investigator to your case. The investigator will request information from your employer and may interview you and other witnesses. The process typically takes 30 to 90 days. L&I will determine whether the employer violated the wage and hour law and assess penalties. If you file with the Elections Division, they will investigate the complaint and may refer it to the Attorney General's office or pursue civil penalties. The Elections Division may take several weeks to complete its review. During this time, remain in contact with the investigator, provide any additional evidence promptly, and do not agree to settlements that waive your rights without legal advice.

Step 5: Legal Representation

Consult an employment attorney if the employer retaliates, if significant wages were lost, or if the internal process stalls. An attorney can help you determine the full amount of damages (including lost wages, benefits, and emotional distress), identify potential retaliation claims, and negotiate or litigate the matter. Many employment law attorneys in Washington work on contingency (no upfront cost) if they believe your case is strong. Contact the Washington State Bar Association's lawyer referral service at 1-800-945-WSLAWYER (1-800-945-9759) or search online for attorneys specializing in employment law and voting rights.