Alabama: Voting Leave Requirements

One hour off to vote, on reasonable notice

Alabama gives an employee a limited right to leave work to vote. On reasonable
notice to the employer, an employee who is qualified and registered may take the
necessary time off to vote — but the statute caps that time at one hour. The
right reaches any municipal, county, state, or federal party primary or
election, and it applies on the day the primary or election is held.

Two features narrow the right. The employer, not the employee, may specify which
hours the employee takes off, so an employee cannot simply leave at a chosen
moment. And the hour is not guaranteed to be paid.

When the right does not apply

The one-hour right disappears when the work schedule already leaves room to vote.
Section 17-1-5 removes the right entirely if the employee's work hours "commence
at least two hours after the opening of the polls or end at least one hour prior
to the closing of the polls."

Note the asymmetry: a two-hour cushion before the shift, but only a one-hour
cushion after it, will each defeat the right. So an employee whose shift starts
two or more hours after the polls open — or ends one or more hours before they
close — has no statutory time off, on the theory that the open polls outside the
shift already provide a chance to vote.

Is the hour paid?

Section 17-1-5 says nothing about wages. It requires the employer to permit the
time off but does not require the employer to pay for it. Because the statute is
silent, the hour is unpaid unless the employer's own policy or a contract
provides otherwise. Do not read the mandatory "shall ... be permitted" language
as a pay guarantee; it guarantees the time, not the wage.

What trips people up

The most common mistake is assuming voting leave in Alabama is automatic and
paid. It is neither. The employer may designate which hour is taken, and the
statute does not require pay.

The second trap is the shift-timing exception. Because the before-shift cushion
(two hours) is larger than the after-shift cushion (one hour), whether the right
exists can turn on a single hour of scheduling. An employee who assumes the right
always applies may find it unavailable given the day's poll hours and shift.

Finally, § 17-1-5 provides no express penalty, anti-retaliation clause, or
private lawsuit for an employer that refuses. The section states the duty but
attaches no remedy of its own.

Common questions

How much time off to vote do I get in Alabama?

Up to one hour, and only the necessary time to vote within that cap. The
employer may specify which hour.

Is the voting hour paid?

The statute does not require pay. Whether the hour is paid depends on the
employer's policy or a contract, not on § 17-1-5.

What if I can already vote around my shift?

Then the right may not apply. If your shift begins at least two hours after the
polls open, or ends at least one hour before they close, § 17-1-5 gives you no
time off.

Do I have to tell my employer in advance?

Yes. The right applies "upon reasonable notice to" the employer, so tell the
employer ahead of election day.

Statutes and sources

• Ala. Code § 17-1-5 (Act 2006-545): employer must permit up to one hour off to
  vote on reasonable notice; no right where the shift begins two hours after
  polls open or ends one hour before they close; employer may specify the hour —
  official code text
  (accessed July 13, 2026).