Georgia: Voting Leave Requirements
The short answer
Georgia requires an employer, on reasonable notice, to allow an employee the necessary time off to vote, capped at two hours. As amended in 2023, the right covers not only election day itself but also the days set for advance in-person voting. The statute does not require that the time be paid, so it is unpaid unless the employer chooses otherwise, and the employer may specify which hours the employee takes off.
Ask Ezel about your situation
This is the general rule in Georgia. Ezel applies current Georgia law to your specific facts and answers with citations to the statutes.
| Governing law | O.C.G.A. § 21-2-404 (amended by 2023 SB 129) |
|---|---|
| Eligible workers and elections | Each employee qualified and registered to vote, for any municipal, county, state, or federal party primary or election, on an advance in-person voting day or on election day (§ 21-2-404) |
| Outside-work-hours test | None; the 2023 amendment deleted the former exception for shifts beginning or ending well outside poll hours, so no shift-timing gate remains (§ 21-2-404) |
| Time-off amount | Necessary time off to vote, not to exceed two hours (§ 21-2-404) |
| Paid or unpaid | No pay requirement; § 21-2-404 is silent on wages, so the time is unpaid unless the employer chooses otherwise |
| When leave is taken | Employer may specify the hours during which the employee may be absent (§ 21-2-404) |
| Employee notice and employer posting | Employee must give reasonable notice to the employer; § 21-2-404 imposes no employer-posting duty |
| Protection and penalties | Section 21-2-404 states no express anti-retaliation provision and no civil, administrative, or criminal penalty of its own for denial |
Compare this rule across all 50 states + DC →
Up to two hours off, now including advance voting
Georgia gives an employee the right to take the necessary time off to vote, on
reasonable notice to the employer, capped at two hours. The right reaches any
municipal, county, state, or federal party primary or election for which the
employee is qualified and registered.
The important recent change is when that time may be used. A 2023 amendment (SB
129, the Elections Act) extended § 21-2-404 to cover not just election day but
also "one of the days that are designated for advance in-person voting." An
employee who chooses to vote during Georgia's advance in-person voting period is
therefore covered by the same up-to-two-hours right, not only on the final
election day.
No shift-timing exception anymore
Georgia used to withhold the right from employees whose shifts fell well outside
poll hours: the pre-2023 statute said that if the employee's hours began at
least two hours after the polls opened, or ended at least two hours before they
closed, the time off "shall not be available." The 2023 amendment deleted that
exception.
The result is a simpler rule than in many states. There is no outside-work-hours
test to compute in Georgia. Any qualified, registered employee may take the
necessary time off to vote, up to two hours, on reasonable notice — regardless of
how the shift lines up with poll hours. The official code volume still prints the
old exception, but only in its amendment note, marking language that is no longer
in force.
Is the time paid?
Section 21-2-404 does not address wages. It requires the employer to permit the
time off but says nothing about paying for it. Because the statute is silent, the
time is unpaid unless the employer's own policy or a contract provides otherwise.
The mandatory "shall ... be permitted" language guarantees the time, not the pay.
What trips people up
Two points cause confusion. First, some employer guides still describe a
shift-timing exception for Georgia. That exception was removed in 2023; do not
apply it. Second, some summaries call Georgia's voting time "paid." The statute
does not require pay, so treat the time as unpaid unless a specific employer
policy makes it paid.
The employer also controls the timing. The employee gives reasonable notice, but
the employer "may specify the hours during which the employee may absent himself
or herself," so the employee does not freely choose the window.
Section 21-2-404 itself attaches no penalty, anti-retaliation clause, or private
lawsuit to a refusal; it states the duty without a remedy of its own.
Common questions
How much time off to vote do I get in Georgia?
The necessary time to vote, up to a maximum of two hours, on reasonable notice to
your employer.
Can I use the time during early (advance) voting?
Yes. Since the 2023 amendment, the right covers days designated for advance
in-person voting as well as election day.
Is the time paid?
Not by statute. Section 21-2-404 is silent on wages, so the time is unpaid unless
your employer's policy or contract provides pay.
Does my shift schedule affect the right?
No longer. Georgia deleted its old shift-timing exception in 2023, so the right
applies regardless of when your shift starts or ends relative to poll hours.
Statutes and sources
- O.C.G.A. § 21-2-404 (amended by 2023 SB 129): employer must permit up to two
hours off to vote on reasonable notice, covering advance in-person voting days
and election day; employer may specify the hours; the former shift-timing
exception was deleted —
official code text
(accessed July 13, 2026).
Source links
Every statute quoted above, linked, with the date we checked it.
Get the answer for your situation
You just read how Georgia handles this in general. Ezel applies current Georgia law to your facts and answers your specific question, with citations.
Opens in Ezel Pro. Every answer cites the authority it relies on.