Voting Leave Requirements in North Carolina

Short answer North Carolina has no general private-employer statute requiring time off or pay for an employee to vote. State election law instead makes it a Class 2 misdemeanor to discharge, threaten to discharge, intimidate, or oppose a legally qualified voter because of a vote the voter casts, considers, intends, declines, or failed to cast. That ballot-choice protection does not create a leave amount, scheduling rule, employee notice deadline, or employer posting duty.

State

North Carolina

Statute checked

July 13, 2026

Sources

1 statute

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At a glance

Governing law	N.C. Gen. Stat. § 163-274(a)(7); no general private-employer voting-leave statute located
Eligible workers and elections	No statutory leave eligibility; ballot-choice protection covers a legally qualified voter in connection with a North Carolina primary or election (§ 163-274(a))
Outside-work-hours test	None; North Carolina states no general private-employer voting-leave entitlement
Time-off amount	None required by the located statute
Paid or unpaid	No mandatory voting-leave pay under the located statute
When leave is taken	No statutory voting-leave window or scheduling rule
Employee notice and employer posting	No voting-leave employee notice or employer posting duty stated
Protection and penalties	No discharge, threatened discharge, intimidation, or opposition based on covered ballot choice; violation is a Class 2 misdemeanor (§ 163-274(a)(7))

North Carolina protects ballot choice, not voting leave

The located employment-related election provision does not require an ordinary private employer to release an employee from scheduled work, continue pay, or provide a voting window. Without a statutory leave entitlement, an employee who needs working time must use an employer policy or another applicable agreement.

Section 163-274 addresses a different problem. In connection with a North Carolina primary or election, a person may not discharge or threaten to discharge a legally qualified voter, or otherwise intimidate or oppose the voter, because of a vote the voter casts, considers, intends, declines, or failed to cast. That conduct is a Class 2 misdemeanor.

What trips people up

Protection from employment action based on ballot choice is not a right to be absent from work to cast the ballot. Section 163-274 states no leave duration, pay requirement, outside-work-hours test, request procedure, posting duty, or scheduling rule.

The prohibition is broader than retaliation for a completed vote because it also reaches a vote the employee considers or intends to cast, a decision not to vote, and a vote the employee failed to cast.

Common questions

Does North Carolina require two paid hours to vote?

No. The located statutes state no fixed private-sector voting-leave amount or voting-leave pay requirement.

Can an employer threaten discharge over an employee's vote?

No. Section 163-274(a)(7) prohibits direct or indirect discharge threats based on the covered voter's ballot choice and classifies the conduct as a Class 2 misdemeanor.

Must an employee submit a voting-leave request?

North Carolina's located statute creates no voting-leave request procedure. An employer policy or agreement may still establish an internal process.

Statutes and sources

N.C. Gen. Stat. § 163-274(a), (a)(7): Class 2 misdemeanor and employment or intimidation prohibition tied to a qualified voter's ballot choice — official text (accessed July 13, 2026).

Source links

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

N.C. Gen. Stat. § 163-274(a), (a)(7) · 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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