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Time Off To Vote

W. Va. Code § 3-1-42 — up to three hours with pay, on written request three days ahead

Three hours. An employee who makes a written demand at least three days before the election gets up to three hours, if necessary, while the polls are open, without loss of pay.

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An employee with three or more hours of their own time while the polls are open who does not vote then may have pay deducted for time actually absent.

Employers in essential services and continuous operations may schedule the time off to avoid disruption. A particular dispute is a question for a licensed West Virginia attorney.

Sources for this section (1)
  1. W. Va. Code § 3-1-42 — Time off for voting

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.

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