Colorado: Voting Leave Requirements
The short answer
A Colorado eligible elector may request two paid hours away from work to vote on any day when voter service and polling centers are open. The employer may deny the request if the elector has at least three consecutive off-job hours while polls are open. The request is due before the requested day; the employer selects the hours, but must use the beginning or end of the shift if asked. A violation is a class 2 misdemeanor, and a corporate violator also forfeits its charter and right to do business in Colorado.
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This is the general rule in Colorado. Ezel applies current Colorado law to your specific facts and answers with citations to the statutes.
| Governing law | Colo. Rev. Stat. §§ 1-7-102, 1-13-719, 1-13-111, as amended by 2026 Colo. HB 1113, § 43 |
|---|---|
| Eligible workers and elections | An eligible elector entitled to vote at an election, on any day when voter service and polling centers are open (§ 1-7-102(1)) |
| Outside-work-hours test | Employer may deny leave if the elector has 3 or more consecutive off-job hours while polls are open on the requested day (§ 1-7-102(2)) |
| Time-off amount | 2 hours while voter service and polling centers are open (§ 1-7-102(1)) |
| Paid or unpaid | No salary or wage deduction; hourly employees receive their regular hourly wage for up to 2 hours (§ 1-7-102(1)) |
| When leave is taken | Employer specifies the hours, but must use the beginning or end of the shift if the employee requests (§ 1-7-102(1)) |
| Employee notice and employer posting | Employee must apply before the day for which leave is requested; no fixed earlier deadline, form, or posting duty (§ 1-7-102(1)) |
| Protection and penalties | No discharge, penalty, or wage deduction; violations are a class 2 misdemeanor, and a corporation also forfeits its charter and business right (§§ 1-7-102, 1-13-719, 1-13-111) |
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Leave now covers every open VSPC day
Colorado amended § 1-7-102 effective June 1, 2026. An eligible elector may
take two hours away from work to vote on any day when voter service and
polling centers are open, rather than only on election day.
Under § 1-7-102(2), the employer may deny the request when the employee has at least three
consecutive off-job hours while the polls are open on the requested day. The
word “consecutive” matters: separate off-duty periods cannot be added together
to create the three-hour exception.
The employer selects the window, with a shift-edge right
The employee must apply before the day for which leave is requested. The
statute states no required form or longer notice period. The employer may
choose the two-hour window, but must put it at the beginning or end of the
shift if the employee requests that placement.
The absence is paid. Salaried employees are protected from a deduction, and
hourly employees receive their regular hourly wage for no more than two hours.
Denial is an election offense
Under § 1-13-719(1)(b), it is unlawful to refuse the statutory leave, reduce wages,
penalize the employee, or otherwise violate § 1-7-102. The general election-
offense provision in § 1-13-111 makes the violation a class 2 misdemeanor. A corporation
that violates § 1-13-719 also forfeits its charter and right to do business in
Colorado.
What trips people up
Older summaries describe Colorado leave as election-day-only. HB 1113 changed
that rule on June 1, 2026, extending the two-hour entitlement to every day when
voter service and polling centers are open. The employee still must request a
particular day in advance, and the continuous three-hour exception is tested
against that requested day.
Common questions
Can the employer choose when the employee votes?
Generally yes, but the employer must use the beginning or end of the shift if
the employee asks.
Is the leave paid?
Yes, for up to two hours at the employee's regular pay.
Does the employer have to post a voting-leave notice?
Section 1-7-102 states no employer-posting duty.
Statutes and sources
- Colo. Rev. Stat. § 1-7-102, as amended by 2026 HB 1113 § 43: eligibility,
duration, pay, timing, request, and off-job exception — official enacted-bill
page (accessed July 13, 2026). - Colo. Rev. Stat. §§ 1-13-719 and 1-13-111: unlawful employer conduct,
misdemeanor classification, and corporate forfeiture — official Title 1
text
(accessed July 13, 2026).
Source links
Every statute quoted above, linked, with the date we checked it.
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