Voting Leave Requirements in Colorado
At a glance
| 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) |
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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