Colorado has enacted House Bill 26-1113 (effective as of June 1, 2026), amending the state’s employee voting leave law to better reflect Colorado’s election system, which allows voting at voter service and polling centers before Election Day. The changes expand when employees may use protected voting leave and clarify when employers may deny leave requests.
Voting Leave No Longer Limited to Election Day
Prior law entitled eligible electors to take up to two hours of leave to vote on the day of the election.
HB 26-1113 expands this protection by allowing employees to take voting leave during any day that voter service and polling centers are open, rather than only on Election Day.
As a result, employees may now request protected voting leave during Colorado’s in-person voting period, not just on the election’s final day. Under the amendment, employees must request leave prior to the day for which leave is requested.
Clarification of Employer Scheduling Rights
The law retains an employer’s ability to designate the hours during which an employee may take voting leave.
However, if requested by the employee, the leave must be scheduled at the beginning or end of the employee’s shift.
Narrower Basis for Denying Voting Leave
HB 26-1113 modifies the circumstances under which an employer may deny a voting leave request.
Previously, the law generally did not apply if an employee had three or more hours available outside working hours while the polls were open.
Under the amended law, an employer may deny a leave request only if the employee has three or more consecutive hours available between the opening and closing of the polls during which the employee is not required to work.
The addition of the word “consecutive” provides greater clarity regarding when employees have sufficient nonworking time available to vote.
Employee Protections Remain in Place
The law continues to provide that:
- Eligible electors may take up to two hours of voting leave;
- Employees may not be discharged for taking protected voting leave;
- Hourly employees must be paid their regular rate for up to two hours of leave; and
- Employers may not reduce an employee’s pay because of a properly used voting leave absence.
Employers Impacted
The changes affect Colorado employers with voting leave policies or procedures, particularly employers that:
- Schedule employees during early voting periods;
- Operate multiple shifts;
- Employ hourly workers; or
- Maintain leave policies referencing Election Day voting only.
Employer Takeaway Colorado employers should review their voting leave policies and manager training materials before the next election cycle. Policies that refer only to voting leave on Election Day may no longer reflect the law. Employers should also ensure supervisors understand that voting leave requests may now be made for any day that voter service and polling centers are open and that denial of leave is permitted only when employees have at least three consecutive nonworking hours available to vote.