Voting Leave Requirements in Kansas
At a glance
| Governing law | K.S.A. 25-418 |
|---|---|
| Eligible workers and elections | Any person entitled to vote at an election conducted by a county election officer in Kansas, on election day (§ 25-418) |
| Outside-work-hours test | The 2-hour entitlement is reduced by outside-work poll time: leave plus any period the polls are open before starting or after finishing work may not exceed 2 consecutive hours — so 2+ consecutive hours of open-poll time outside work means no leave (§ 25-418) |
| Time-off amount | Not more than 2 consecutive hours between the opening and closing of the polls, reduced by outside-work poll time (§ 25-418) |
| Paid or unpaid | Paid — no penalty and no deduction from usual salary or wages for the absence (§ 25-418) |
| When leave is taken | Employer may specify the particular time of day the employee takes the leave, except that specified time may not fall during the regular lunch period (§ 25-418) |
| Employee notice and employer posting | § 25-418 states no employee-notice and no employer-posting duty |
| Protection and penalties | Intentionally obstructing an employee's exercise of the voting privilege, or imposing a penalty on an employee for exercising it, is 'obstruction of voting privilege,' a class A misdemeanor; the penal provision applies to employers (§ 25-418; State v. Latsha) |
Up to two consecutive hours, as a top-up
Kansas gives an employee entitled to vote up to two consecutive hours off on election day to vote. The right is not a flat two hours on top of your day off. It is measured against the time the polls are open around your shift: your leave, added to any stretch the polls are open before you start work or after you finish, cannot exceed two consecutive hours.
So if the polls are open two or more consecutive hours while you are off the clock, you are entitled to no work-time leave — you already have your window. If they are open for less than two consecutive hours outside your shift, your work-time leave is the amount that brings the total up to two hours.
The time is paid
The absence carries no penalty, and the employer may not deduct it from your usual salary or wages. Within the two-hour limit, qualifying voting time in Kansas is paid time.
The employer picks the hours, but not your lunch
The employer may specify the particular time of day you take the leave. That scheduling power has one express limit: the specified time cannot fall during your regular lunch period. The employer cannot satisfy the statute by pointing you to a break you already get.
What trips people up
The two hours is a ceiling and a top-up, not a guaranteed block. Many Kansas employees whose shifts leave two or more open-poll hours on either end will find they are entitled to no paid work-time leave at all, because the statute treats that outside time as sufficient.
The lunch-period carve-out matters in the other direction. An employer that tries to route your voting time into the meal break has not met the statute.
Common questions
Does every Kansas employee get two paid hours to vote?
No. The two hours is reduced by any time the polls are open outside your shift. If that outside window is already two consecutive hours or more, you get no work-time leave.
Is the time paid?
Yes. Within the two-hour limit there is no penalty and no deduction from your usual pay.
Can my employer decide when I go?
Yes, the employer may set the particular hours — but it cannot make that time your regular lunch period.
What happens to an employer who blocks it?
Intentionally obstructing an employee's voting, or penalizing the employee for voting under this section, is a class A misdemeanor, and the penalty falls on the employer.
Statutes and sources
- K.S.A. 25-418: up-to-two-consecutive-hour paid voting absence, the outside-poll top-up limit, the employer's hour-setting power (excluding the lunch period), and the class A misdemeanor for obstruction — official code text (accessed July 13, 2026).
Source links
Every statute quoted above, linked, with the date we checked it.
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