Summary
Explains what Ala. Code 17-1-5 addresses on time off to vote, including reasonable notice, necessary time off up to 1 hour, the two schedule conditions, and that the statute does not state whether the leave must be paid. Covers a 4-line internal request plan (who receives the request, what notice the business asks for, who reviews eligibility and sets the hours, what is recorded), a hypothetical physical therapy clinic, what managers should know, and a short FAQ. The plan is an internal tool, not a form required by Alabama law.
By: Jordan Gerheim, CEO – Outside Chief Legal LLC
An employee asks for time off to vote. Does the manager know who should respond?
Alabama’s general election is November 3, 2026. Before Election Day, employers can review the voting-leave rule and decide how requests should move through the business.
A short request plan can identify who receives requests, who reviews the employee’s schedule, who sets any approved hours, and how the decision is recorded. The plan is an internal management tool, not a form required by Alabama law.
Quick answer: Under Ala. Code § 17-1-5, an employee who gives reasonable notice must be allowed necessary time off, up to 1 hour, to vote in an election for which the employee is qualified and registered.
That statutory leave is not available if the employee’s work starts at least 2 hours after the polls open or ends at least 1 hour before the polls close. The employer may specify the hours during which the employee takes the leave. The statute does not state whether the leave must be paid.
Before requests arrive, identify who will review them and how managers should communicate decisions.
What does Alabama’s voting-leave law cover?
Section 17-1-5 applies to voting in municipal, county, state, and federal political party primaries or elections for which an employee is qualified and registered. The employee must give reasonable notice, and the leave is for voting on the day the primary or election is held.
The amount is necessary time off, limited to 1 hour. It is not an automatic 1-hour entitlement for every employee.
The employee’s work schedule matters. If work begins at least 2 hours after polls open or ends at least 1 hour before polls close, the leave provided by this section is not available. The employer may specify when an eligible employee takes the absence.
A business should review the individual schedule rather than assume that every employee qualifies or that every request requires the same answer.
Does the leave have to be paid?
Section 17-1-5 does not say whether the leave must be paid.
Before managers answer pay questions, the business should confirm the appropriate treatment with counsel, taking applicable wage requirements and existing policies or agreements into account.
Record the approved approach and explain it to the people handling requests. Managers should not make separate pay decisions based on memory or personal preference.
Why decide the process before Election Day?
Requests may reach an owner, a supervisor, or an employee who does not have authority to approve leave. Without a clear handoff, a request can be delayed or answered before the relevant schedule has been reviewed.
A defined process gives managers a place to send the question. It also helps the business distinguish between a request that needs review, a decision that has been made, and an employee who still needs a response.
Consistent handling does not mean identical outcomes. Different schedules may produce different results under the statute.
What can an unclear process look like?
Consider this hypothetical example. It is not a specific client matter or a predicted outcome.
A physical therapy clinic has 3 employees working different shifts. One asks the front desk manager for time to vote. Another texts the owner. A third asks a coworker to pass along the request.
The front desk manager approves an absence before reviewing the employee’s shift. The other requests have not reached anyone responsible for making a decision.
The problem is not simply that the requests arrived through different channels. The clinic has not identified who should review them, apply the statutory conditions, and communicate the answer.
A short request plan can address that coordination gap.
What goes in the 4-line request plan?
The plan records 4 internal decisions. It should support the employer’s review of requests, not replace the statute or create additional eligibility conditions.
1. Who receives the time off to vote request?
Identify a primary role and a backup. Tell employees whom to contact and tell other managers how to forward a request promptly.
If an employee first contacts someone else, the request should be routed for review rather than disregarded solely because it reached the wrong person.
2. What notice does the business ask employees to give?
The statute requires reasonable notice but does not specify a fixed number of days or require a written request.
The business can encourage employees to raise requests as early as possible and explain its preferred reporting process. That internal preference should not be presented as the statutory definition of reasonable notice.
Questions about a particular request should be reviewed on their facts.
3. Who reviews eligibility and sets the hours?
Name the person responsible for comparing the employee’s work schedule with the applicable polling hours and reviewing the statutory conditions.
The employer may specify the hours of an eligible employee’s absence.
Managers should know who can make that decision and where to send questions that need legal review. A request should not remain unanswered because the usual decision-maker is unavailable.
4. What is recorded?
Keep a brief record of the request and decision in an appropriate internal location.
Useful information may include when the request was received, the employee’s scheduled hours, the polling hours considered, the decision, any approved absence, the applicable pay treatment, and who communicated the response.
This is a suggested administrative practice, not a recordkeeping form prescribed by Section 17-1-5.
What should managers know?
Managers should know where to send requests, who can approve an absence, and how to obtain an answer when the primary contact is unavailable.
They should also understand that eligibility depends on the statutory conditions, including the employee’s schedule. A general announcement about voting leave should not replace an individual review.
Pay questions should be answered using the business’s reviewed approach, not an assumption that all voting leave is paid or unpaid.
How should the plan be used after the election?
Review whether requests reached the right person and whether employees received timely, clear responses.
If a request was delayed or a manager did not know what to do, identify the process gap and update the instructions.
Before reusing the plan, check current law, election information, staffing, and relevant policies. A saved document is a starting point, not a substitute for that review.
Common questions about Alabama voting leave
Does every employee receive 1 hour off?
No. The statute provides necessary time off, up to 1 hour, when its conditions are met. It excludes employees whose work starts at least 2 hours after polls open or ends at least 1 hour before polls close.
Can the employer choose when the employee takes the leave?
The statute allows the employer to specify the hours of the absence.
Must the employee submit a written request?
Section 17-1-5 requires reasonable notice but does not specify that the request must be written. An internal reporting process should not be confused with an additional statutory requirement.
What if a request arrives before the business has a plan?
Route it promptly to someone authorized to review the employee’s schedule and make a decision. The absence of an internal plan does not remove the need to consider the request under applicable law.
Does this article cover every voting-related employment issue?
No. This article addresses Section 17-1-5 and a suggested internal request process. It does not provide a complete analysis of wage requirements, other jurisdictions, absentee voting, or every circumstance that may affect an employee’s request.
Questions about your own process
To discuss your business’s voting-leave process, book a Risk-Free Strategy Session with Outside Chief Legal.
General information only. This article is not legal advice.
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