Voting Leave Requirements in North Dakota

Short answer North Dakota does not require employers to give time off to vote. State law only encourages employers to set up a voluntary program letting a qualified voter be absent to vote when the employee's regular work schedule conflicts with polling hours at a statewide special, primary, or general election. Because it is an encouragement and not a mandate, there is no required amount of time, no pay requirement, and no penalty for an employer that declines.
State
North Dakota
Statute checked
July 13, 2026
Sources
1 statute

At a glance

Governing lawN.D. Cent. Code § 16.1-01-02.1 (state-policy encouragement; no mandate)
Eligible workers and electionsNo enforceable right; the state encourages employers to let a qualified voter be absent to vote at statewide special, primary, or general elections (§ 16.1-01-02.1)
Outside-work-hours testEncouragement is framed for when the employee's regular work schedule conflicts with voting while polls are open (§ 16.1-01-02.1)
Time-off amountNone required; any program and its length are left to the employer (§ 16.1-01-02.1)
Paid or unpaidNo pay required; the statute encourages absence, not paid absence (§ 16.1-01-02.1)
When leave is takenLeft entirely to any voluntary employer program (§ 16.1-01-02.1)
Employee notice and employer postingNo statutory employee-notice or employer-posting duty
Protection and penaltiesNo enforceable right, penalty, or remedy; the provision is a policy encouragement only (§ 16.1-01-02.1)

An encouragement, not a requirement

North Dakota is unusual: it has a voting-time statute, but the statute does not require anything. Section 16.1-01-02.1 states that "it is the policy of this state to encourage voting," and "to this end, employers are encouraged to establish a program" to grant a qualified-voter employee time to be absent to vote when the employee's regular work schedule conflicts with polling hours.

That is the whole operative rule. Because employers are only "encouraged," the chip table above reads as no required amount of time, no required pay, and no penalty. An employer that establishes a generous voting-time program and an employer that does none are both complying with the statute, which asks and does not command.

What an employee actually has

In practice, a North Dakota employee who needs to vote relies on the employer's own policy, any contract or handbook, early voting, or a mail ballot. The state's encouragement gives an employer a reason to be accommodating but gives the employee no enforceable right to demand paid or unpaid leave, to insist on a particular window, or to recover anything if leave is refused.

The encouragement is aimed at statewide special, primary, and general elections and at the situation where a work schedule leaves no time to vote while the polls are open. Even there, it remains a request to employers, not a duty.

What trips people up

Seeing a statute on the books can suggest a right exists. Read the verb: the section "encourages," it does not "require." North Dakota has chosen a voluntary approach rather than the mandatory two-hour or "sufficient time" rules used by many other states.

Common questions

Does North Dakota law give me a right to time off to vote?

No. The statute encourages employers to allow voting time but does not require it.

Does my employer have to pay me for voting time?

No. There is no pay requirement, because there is no required leave in the first place.

Can my employer be penalized for refusing?

No. The provision is a policy statement with no penalty or remedy attached.

Statutes and sources

  • N.D. Cent. Code § 16.1-01-02.1: the state-policy encouragement to employers to establish a voluntary program granting voting time, with no mandate, pay requirement, or penalty — official Century Code text (accessed July 13, 2026).

Source links

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

N.D. Cent. Code § 16.1-01-02.1 · 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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