Illinois: Voting Leave Requirements

The election type changes the right

Section 17-15 gives a person entitled to vote at a general or special election,
or an election where propositions go to a popular vote, a two-hour absence on
election day. The employee must apply before election day.

Primary elections follow § 7-42 instead. A person entitled to vote at the
primary receives the two-hour absence only “with the consent of his employer.”
That section does not contain § 17-15's ban on compensation reduction.

Working-time leave depends on both shift edges

For an election covered by § 17-15, the employer may specify the two-hour
period. But the employer must permit two hours during working time when the
employee's shift begins less than two hours after polls open and ends less than
two hours before polls close.

Both conditions matter. For example, if a shift starts one hour after poll
opening and ends one hour before poll closing, the employer must place the
two-hour absence within working hours. The statute does not impose that express
working-time command when either side leaves at least two hours.

Compensation and penalties are protected

For leave under § 17-15, no person or corporation may refuse the privilege or
subject the employee to a penalty. The statute expressly includes a reduction
in compensation due to the absence as a prohibited penalty.

The Election Code's general enforcement section makes a knowing prohibited act
or failure to perform a required act a Class A misdemeanor unless another
punishment applies. Section 29-17 also imposes liability in an action for redress
when a person deprives someone of state- or federal-law rights relating to
voting or elections.

What trips people up

Illinois does not use one identical rule for primaries and other covered
elections. The primary provision requires employer consent and states no wage
protection, while § 17-15 prohibits refusal and compensation reduction.

Applying before election day is mandatory under § 17-15, but the statute does
not specify a particular number of advance days or require an employer posting.

Common questions

Is the two-hour absence paid?

For a general, special, or proposition election under § 17-15, compensation may
not be reduced because of the absence. Section 7-42 states no matching pay rule
for a primary.

May the employer choose the leave hours?

Yes, subject to the working-time rule. When the shift begins less than two hours
after polls open and ends less than two hours before they close, § 17-15 requires
the employer to permit two hours during working hours.

How early must the employee apply?

For § 17-15 leave, the application must be made before election day. The section
sets no longer fixed notice period.

Statutes and sources

• 10 ILCS 5/17-15(a): covered elections, two-hour absence, request timing,
  employer designation, schedule test, and penalty and compensation protection
  — current section text
  (accessed July 13, 2026).
• 10 ILCS 5/7-42(a): employer-consent rule for a primary-election absence —
  current section text
  (accessed July 13, 2026).
• 10 ILCS 5/29-12: Class A misdemeanor for a knowing Election Code violation
  when no different punishment applies —
  current section text
  (accessed July 13, 2026).
• 10 ILCS 5/29-17: liability for deprivation of rights relating to voting and
  elections — current section text
  (accessed July 13, 2026).