Colorado Expands Voting Leave Rights for Employees

Effective June 1, 2026, Colorado amended its voting leave statute, C.R.S. § 1-7-102, expanding when employees may take protected voting leave. Prior to June 1, 2026, Colorado law entitled eligible employees to take up to two hours of paid leave to vote on Election Day, provided certain statutory requirements were met.

Under the amended statute, employees may now take voting leave on any day that a voter service and polling center is open for the applicable election. Because Colorado's voter service and polling centers open days before Election Day, the amendment expands the period of time during which voting leave may be taken.

The amendment reflects Colorado's expanded voting framework and effectively extends the availability of statutory voting leave beyond Election Day.

Although the amendment expands the timeframe for taking voting leave, several important aspects of the law remain unchanged.

• Employees Are Still Entitled to Up to Two Hours of Paid Leave.  Eligible employees remain entitled to up to two hours of paid leave for voting purposes. Employees who utilize voting leave may not be discharged, penalized, or suffer a reduction in pay because they exercised their statutory rights.
• Advance Notice by Employees. Employees must continue to request voting leave in advance of the election.
• Employers May Designate the Leave Time. Employers retain the ability to determine when an employee may take voting leave. However, if requested by the employee, the leave must be provided at the beginning or end of the employee's work shift.

The law applies to all employers with employees in Colorado.  Therefore, employers should review existing voting leave policies and handbook provisions to ensure they accurately reflect the amended statute.

In particular, employers should:

• Revise policy language to acknowledge that voting leave may be taken during the period when voter service and polling centers are open, and not just on Election Day.
• Train supervisors and managers responsible for approving leave requests on the expanded timing requirements.

As this is an election year, employers should promptly evaluate their obligations under the new Voting Leave Law and ensure compliance with its requirements, including updating handbooks and policies.  Contact your Michael Best attorney for further assistance.