By Evan Lange
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.
Texas law makes it an offense for anyone with authority over you at work to knowingly:
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.
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.
The TWC guide says you can file a wage claim under the Texas Payday Law or report the issue to local law enforcement.
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.
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.
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.
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.
Texas polls are open from 7 a.m. to 7 p.m. on Election Day. Early voting hours vary by county.
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.
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.
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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