Nebraska: Voting Leave Requirements

verified against the statute 2026-07-13 1 statute source

The short answer

A registered Nebraska voter who does not already have two consecutive off-duty hours while the polls are open may be absent on election day for enough time to reach two consecutive hours to vote. If the voter requests the leave before or on election day, it is paid — no penalty and no deduction from salary or wages. The employer may specify which hours the employee takes.

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This is the general rule in Nebraska. Ezel applies current Nebraska law to your specific facts and answers with citations to the statutes.

Governing lawNeb. Rev. Stat. § 32-922
Eligible workers and electionsAny registered voter, on election day (§ 32-922)
Outside-work-hours testNo right if the voter already has 2 consecutive off-duty hours while the polls are open (§ 32-922)
Time-off amountEnough time that, added to nonworking time, totals 2 consecutive hours while the polls are open (§ 32-922)
Paid or unpaidPaid — no penalty and no deduction from salary or wages, if the voter applies for leave before or on election day (§ 32-922)
When leave is takenThe employer may specify the hours during which the employee is absent (§ 32-922)
Employee notice and employer postingVoter must apply for the leave before or on election day to keep it penalty- and deduction-free; no employer-posting duty stated (§ 32-922)
Protection and penaltiesNo penalty and no wage deduction for a qualifying, timely-requested absence; the section states no separate misdemeanor or civil remedy (§ 32-922)

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Enough time to reach two consecutive hours

Nebraska does not simply hand every worker two hours. It fills a gap. A registered
voter who lacks "two consecutive hours ... during which he or she is not required
to be present at work" while the polls are open may be absent for enough time
that, added to the voter's own nonworking time, totals two consecutive hours to
vote.

So the entitlement is the difference between what off-duty time the employee
already has and two consecutive hours. An employee whose schedule already leaves a
clear two-hour off-duty window during polling hours is not entitled to leave.

The time is paid — if you ask in time

The pay protection carries one condition. If the voter "applies for such leave of
absence prior to or on election day," then the voter "shall not be liable for any
penalty and no deduction shall be made from his or her salary or wages." An
employee who simply walks off without requesting the leave has not met the
statute's condition for the no-deduction guarantee.

The employer keeps scheduling control: it "may specify the hours during which the
employee may be absent," so long as the employee still gets the two-consecutive-hour
window.

What trips people up

The two hours is a target, not an automatic grant. The leave is only the top-up
needed to bring your off-duty time to two consecutive hours; if you already have
that window, you get nothing, and if you have part of it, you get the remainder.

The request matters. The no-penalty, no-deduction protection is tied to applying
for the leave before or on election day. Asking is what makes the time paid.

Common questions

How much paid time do I get?

Enough, added to your off-duty time, to make two consecutive hours to vote while
the polls are open.

When would I not qualify?

When your schedule already leaves two consecutive off-duty hours while the polls
are open.

Do I have to request it?

Yes, to keep it paid. Apply before or on election day, and no penalty or wage
deduction may follow.

Can my employer pick the hours?

Yes. The employer may specify when you take the leave.

Statutes and sources

  • Neb. Rev. Stat. § 32-922: the two-consecutive-hour entitlement, the off-duty-time
    offset, the apply-by-election-day condition for no penalty or wage deduction, and
    the employer's power to set the hours — official text
    (accessed July 13, 2026).

Source links

Every statute quoted above, linked, with the date we checked it.

Neb. Rev. Stat. § 32-922 · accessed 2026-07-13
This page is general legal information about state-law workplace rights for an employee who needs time away from scheduled work to cast a ballot, not legal advice about voter eligibility, polling hours, an employment dispute, or a particular election. The election type, voting day, poll schedule, employee notice, work shift, employer coverage, and available nonworking time can change the result. Separate rules govern voter registration, mail voting, election officials, poll workers, campaigns, public employees, and local ordinances. Verified against the official statute text on the date shown; confirm current law or consult the election authority, labor agency, or a licensed attorney before relying on it.

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