A business owner asked me a question last week: “If my employee voted by mail-in ballot, can they still ask for two paid hours off to vote?”

Probably. Having a mail ballot does not, by itself, eliminate an employee’s right to paid voting leave. Colorado’s voting leave statute contains no mail-ballot exception.

That matters because Colorado expanded when employees can take that leave. With Larimer County vote centers beginning to open October 19, employers should review their policies before the first request lands.

What changed and why owners should care

Effective June 1, 2026, HB26-1113 expanded Colorado’s paid voting leave from Election Day to any day voter service and polling centers are open. A policy that still says “Election Day only” needs updating.

In Larimer County, vote centers begin opening Monday, October 19. Hours are generally 8 a.m. to 5 p.m. on weekdays and Saturday, October 31. On Election Day, Tuesday, November 3, hours are 7 a.m. to 7 p.m. Individual locations open on different dates, so check the county’s schedule before making plans.

For a small business, here are the rules, in plain English:
(Though you can always read HB26-1113 if you truly want. 😊)

Colorado’s law covers eligible voters working for employers of all sizes. Here are the key requirements:

• The leave is paid. Employees cannot lose their usual salary or wages because of a qualifying absence. Hourly employees receive their regular hourly wage for the absence, up to two hours.
• Employees must request it beforehand. The request must come before the day for which leave is requested.
• Employers can designate the hours, with a limit. If the employee requests the beginning or end of their shift, the leave must be scheduled accordingly.
• The “three hour rule” matters. An employer may deny the request if, on that day, the employee already has at least three consecutive hours off while the polls are open.

Employees also cannot be discharged or penalized for exercising their protected voting leave rights.

Consider someone working 9 a.m. to 5 p.m. when vote centers are open 8 a.m. to 5 p.m. That schedule leaves only one hour before work, so the three-hour exception would not apply. On Election Day, with polls open 7 a.m. to 7 p.m., the same schedule leaves two hours on either side, not three consecutive hours.

Real Facts

In Colorado’s 2024 general election, 92.2% of voters returned a mail ballot rather than voting in person. That includes ballots returned through drop boxes; it does not mean all those ballots went back through the Postal Service. Living in Colorado myself, I was a part of the 92.2%.

Larimer County’s ballot boxes are open around the clock until 7 p.m. on Election Day. Sharing that option can help employees plan, but it should not become a substitute for honoring a qualifying leave request.

My advice is to use the scheduling rules the law gives you, communicate clearly, and handle concerns individually. Building a policy around the person who might misuse it can leave everyone else feeling distrusted.

What to do before October 19

• Review your policy. Remove Election Day only language and explain eligibility, advance requests, and scheduling.
• Brief your managers. Give them a consistent process for reviewing requests and arranging coverage.
• Tell employees how to request leave. Include a link to local vote-center hours and ballot-box locations.
• Check payroll. Make sure qualifying voting leave is paid correctly.
• Get legal advice on disputed requests. Resolve uncertainty before denying leave or imposing discipline.

What’s an outrageous question that could be asked? You never know…

Is it two hours per election, or two hours per day when vote centers are open?

The Colorado Society of CPAs and Investigations Law Group interprets the limit as two hours per election, rather than two hours each day vote centers are open. The statutory wording does not expressly say “once per election,” so I would not be shocked if someone tries this.

The leadership opportunity

Good leadership makes room for both through clear expectations, thoughtful scheduling, and consistent treatment.