Time Off to Vote in Texas: Does Your Employer Have to Let You Go (and Pay You)?
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Time Off to Vote in Texas: Does Your Employer Have to Let You Go (and Pay You)?
October 20, 2026
  • Evan Lange By Evan Lange
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Employment Law · Voting Rights at Work · Houston

Time Off to Vote in Texas: Does Your Employer Have to Let You Go (and Pay You)?

Short answer

Yes, in most cases. Under Section 276.004 of the Texas Election Code, an employer cannot refuse to let you leave work to vote, or penalize you for going to the polls, on election day or during early voting, unless the polls are open for at least two consecutive hours outside your working hours. A “penalty” includes a loss or reduction of wages, and the Texas Workforce Commission’s employer guide says time off to vote must be paid when it cuts into your normal working hours. Separately, it is a felony for a supervisor to retaliate against you, including by threatening your pay or job, because of how you voted or because you refused to say how you voted.

Texas’s general election is Tuesday, November 3, 2026, and early voting runs October 19 through October 30. If you work a long shift, a double, or a job far from your polling place, you may be wondering whether you can leave work to vote, and whether you’ll lose pay if you do.

2 hoursconsecutive hours outside work while polls are open
Nov 3Election Day 2026 in Texas
Oct 19–30early voting period
👉 If your shift covers the time the polls are open, your employer generally has to let you go vote.

1The Two-Hour Rule

Texas law makes it an offense for anyone with authority over you at work to knowingly:

  • Refuse to let you be absent from work to attend the polls on election day or while early voting is in progress, or
  • Penalize you, or threaten to, for going to vote

The exception: if the polls are open for two consecutive hours outside your working hours, your employer doesn’t have to give you time off. On Election Day, Texas polls are open 7 a.m. to 7 p.m., so a 9-to-5 worker usually has that window. Someone working 6 a.m. to 6 p.m. usually does not.

2Do You Get Paid for Time Off to Vote?

The statute defines “penalty” to include a loss or reduction of wages or another employment benefit. Based on Texas Attorney General opinions, the Texas Workforce Commission’s guide for employers says time off to vote must be paid to the extent it cuts into your normal working hours, and does not have to be paid if you have two hours to vote outside work.

Shift covers poll hoursYou can leave to vote, and the time should be paid.
2+ free hours outside workNo time off is required. Vote before or after your shift.
Employer sets the timingYour employer can generally choose when during the shift you go.
Already voted early?The TWC guide says the paid election-day time off is for employees who haven’t already voted.
Unpaid for voting time?

The TWC guide says you can file a wage claim under the Texas Payday Law or report the issue to local law enforcement.

3Your Boss Can’t Punish You for How You Voted

Section 276.001 of the Texas Election Code makes it a third-degree felony for someone with authority over you at work to retaliate against you because of how you voted, or because you refused to reveal how you voted, including by threatening or actually reducing your pay or employment benefits. Your employer can share its opinions, but it cannot tie your job or pay to your vote.

  • Cutting your hours after learning you voted for the “wrong” candidate
  • Demanding to know how you voted and punishing you when you refuse to say
  • Threatening your job or bonus because of your vote

4What If You Were Fired or Disciplined for Voting?

Violations of Section 276.004 are criminal offenses (Class C misdemeanors), and the TWC notes that no Texas court case has decided whether employees can sue directly under these statutes. But a firing connected to voting may also involve unpaid wages, retaliation or discrimination if coworkers were treated differently. If you posted about the election online, see also getting fired for a social media post.

✅How to Get Time Off to Vote

  1. Check your schedule against poll hours (7 a.m. to 7 p.m. on Election Day; early voting hours vary by county).
  2. Tell your manager in advance, in writing, that you need time off to vote and when.
  3. Consider early voting (through October 30) at any polling location in your county.
  4. Check your paycheck afterward for deductions.
  5. Save any texts or emails refusing time off or threatening you.

?Frequently Asked Questions

Does my employer have to give me time off to vote in Texas?

Generally yes. Texas Election Code Section 276.004 prohibits employers from refusing to let employees leave work to vote on election day or during early voting, unless the polls are open for two consecutive hours outside the employee’s working hours.

Is time off to vote paid in Texas?

The law defines a penalty to include lost or reduced wages, and the Texas Workforce Commission’s employer guide says time off to vote must be paid when it cuts into normal working hours. It does not have to be paid if the employee has two hours to vote outside of work.

How long are polls open in Texas on Election Day?

Texas polls are open from 7 a.m. to 7 p.m. on Election Day. Early voting hours vary by county.

Can my employer punish me for how I voted?

Your employer can share its opinions, but Texas law makes it a felony for a supervisor to retaliate against you, including by threatening or reducing your pay or benefits, because of how you voted or because you refused to reveal your vote.

Can I be fired for taking time off to vote in Texas?

If the polls were not open for two consecutive hours outside your working hours, penalizing you for leaving to vote violates the Texas Election Code. Report it to local law enforcement and speak with an employment lawyer about related claims.

Denied time off to vote or punished for it? Talk to a Houston employment lawyer.

The Lange Firm represents employees in Houston and across Texas. Attorney Evan Lange can review lost wages, discipline or a firing connected to voting and tell you whether you have a wrongful termination or wage claim.

Related: Jury duty and your job in Texas: can you be fired or lose pay?

Your job doesn’t get a vote.
You do.

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