Maryland: Voting Leave Requirements

The test is two continuous off-duty hours

Maryland leave applies only when the employee does not have two hours of
continuous off-duty time while polls are open. Separate shorter periods before
and after a shift do not form the continuous block named by § 10-315(a).

For example, if an employee has one off-duty polling hour before work and one
after work, neither period is two continuous hours. The statute allows up to
two working hours away to cast a ballot. If the employee already has a
continuous two-hour off-duty block, the statutory leave does not apply.

Up to two hours are paid

Every employer in Maryland must permit the qualifying absence, and subsection
(b) says the employer “shall pay the employee for the 2 hours absence from
work.” The leave amount is capped at two hours.

The statute covers an employee who claims to be a registered voter in Maryland.
It does not impose a separate proof-of-registration step before leave.

Proof comes after voting or an attempt

Each employee must furnish proof that the employee voted or attempted to vote.
The proof must be on the form prescribed by the State Board of Elections, so a
homemade note or ordinary scheduling request is not the statutory proof form.

Section 10-315 does not set an advance notice deadline, require the initial
request to be written, impose an employer-posting duty, or give the employer a
right to select a particular leave window.

What trips people up

The employee does not need to prove a completed ballot. The statute expressly
accepts proof that the employee “has voted or attempted to vote,” which matters
if a polling-place problem prevents completion.

The two-hour figure is also a maximum, not an automatic benefit for every
employee. The continuous-off-duty test must first be satisfied.

Common questions

Can the employer require proof that the employee voted?

Yes, but the statute also recognizes an attempt to vote. Proof must use the
form prescribed by the State Board.

Does Maryland require advance notice?

Section 10-315 states no advance notice deadline or required request form.

Does having one hour before work and one hour after work defeat leave?

No. The statute asks whether the employee has two hours of continuous off-duty
time while polls are open.

Statutes and sources

• Md. Code, Election Law § 10-315: employer coverage, registered-voter claim,
  continuous-off-duty test, paid two-hour cap, and State Board proof form —
  official text
  (accessed July 13, 2026).