Voting Leave Requirements in Georgia

At a glance

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 The official code volume still prints the old exception, but only in its amendment note, marking language that is no longer in force.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).