119th Congress (2025-2026)

HR 4908

Time Off to Vote Act

Introduced

Jurisdiction

US Congress

Session

119th Congress (2025-2026)

Official source

Chamber

House

Session

119th Congress (2025-2026)

Jurisdiction

US Congress

Bill overview

The Time Off to Vote Act requires employers to provide employees with at least two consecutive hours of paid leave on the day of a federal election to allow them to vote, return mail-in ballots, or perform other voting-related tasks. Employers can determine the specific time period for this leave, excluding breaks, and employees cannot lose accrued benefits for taking this time off. The law prohibits employers from interfering with an employee’s right to take this leave or retaliating against them for exercising that right.

Key provisions

Employers must provide employees with at least two consecutive hours of paid leave on federal election days.
Employers can specify the hours for the leave, excluding breaks.
Employees cannot lose accrued benefits for taking this leave.
Employers cannot interfere with or discriminate against employees for taking this leave.
Employers cannot retaliate against employees for opposing unlawful practices, filing charges, or providing information related to voting leave.
The Secretary of Labor has investigative authority similar to that of the Family and Medical Leave Act.
Employers who violate the Act may face civil penalties of up to $10,000 per violation.

Who is affected

Employers
Employees
Businesses
Federal Election Voters

Notable changes

Establishes a federal right to paid time off for voting.
Provides a specific minimum time requirement (2 consecutive hours).

Positions across the country

No public positions recorded for this legislation.

Arguments in favor

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Arguments opposed

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Legislative history

2025-08-05House

Referred to the House Committee on Education and Workforce.

2025-08-05

Introduced in House

2025-08-05

Introduced in House

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Aug 5, 2025XMLView source

119th CONGRESS — 1st Session

H. R. 4908

IN THE HOUSE OF REPRESENTATIVES

A BILL

To provide employees with a minimum of 2 consecutive hours of paid leave in order to vote in Federal elections.

1.Short title

This Act may be cited as the

Time Off to Vote Act

2.Requirement for 2 hours paid leave to vote in Federal elections

(a)Requirement To provide leaveUpon the request of an employee, an employer shall provide to the employee a minimum of 2 consecutive hours of paid leave on a day of any Federal election, while polls or sites that facilitate voting-related activity are open, in order to vote, return in person a ballot that was received in the mail, or perform other voting-related activity.

(b)Employer right To determine two-Hour periodFor each employee taking leave under subsection (a), the employer of such employee may specify the hours during which the employee may take such leave, including by requiring that the employee take the leave during a period designated for early voting instead of on the day of the election, as applicable under State law. Any lunch break or other break period may not be included in the 2-hour period designated for leave, but may be taken consecutively with the 2-hour period described in subsection (a).

(c)No loss of benefitsThe taking of leave under this section shall not result in the loss of any employment benefit accrued prior to the date on which the leave was taken.

(d)Prohibited Acts

(1)Interference with rights under this ActIt shall be unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise, the right to take leave under this Act, or to discriminate against an employee in any manner for taking leave under this Act.

(2)RetaliationIt shall be unlawful for any employer to discharge or in any other manner discriminate against any individual for—

(A)

opposing any practice made unlawful by this section;

(B)

filing any charge, or instituting or causing to be instituted any proceeding, under or related to this section;

(C)

giving or preparing to give any information in connection with any inquiry or proceeding relating to any leave provided under this section; or

(D)

testifying or preparing to testify in any inquiry or proceeding relating to any leave provided under this section.

(e)Investigative authorityThe Secretary of Labor shall have investigative authority with respect to the provisions of this section in the same manner and under the same terms and conditions as the investigative authority provided under section 106 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2616), and the requirements of section 106 of such Act shall apply to employers under this section in the same manner as such requirements apply to employers under section 106 of such Act.

(f)Enforcement

(1)In general

Any employer that violates this Act may be subject to a civil penalty not to exceed $10,000 per violation. Civil penalties shall be assessed by and paid to the Secretary of Labor for deposit into the Treasury of the United States and shall accrue to the United States and may be recovered in a civil action in the name of the United States brought in the United States district court for the district where the violation is alleged to have occurred or where the employer has its principal office.

(2)ConsiderationsIn assessing a civil penalty under this Act, the Secretary shall give due consideration to the appropriateness of the penalty with respect to the size of the business of the employer being charged, the gravity of the violation, the good faith of the employer, and the history of previous violations.

(g)Definitions

As used in this Act:

(1)The term employee has the meaning given such term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).

(2)The term employer means any person engaged in commerce or in any industry or activity affecting commerce who employs 25 or more employees during a calendar year, and includes any person who acts, directly or indirectly, in the interest of an employer to any of the employees of such employer and any successor in interest of an employer. In the previous sentence, the terms commerce and industry or activity affecting commerce have the meaning given such terms in section 101(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(1)).

(h)State and local lawsNothing in this Act shall be construed to supersede any provision of any State or local law that requires an employer to provide leave to an employee, for the purpose of voting in any Federal, State, or municipal election, in an amount greater than that required under this Act, or under terms more beneficial to an employee than those provided under this Act.

(i)Effective date

This section shall take effect beginning with the first Federal election held after the date of enactment of this Act.

HR 4908

Bill overview

Key provisions

Who is affected

Notable changes

Sponsors

Primary sponsor

Cosponsors

Positions across the country

Arguments in favor

Arguments opposed

Bill text

Fiscal impact

Positions across the country