Question: Do I need to give my employees time off to vote in the upcoming election, or can I tell them to vote on their own time?
Answer: As election days approach, employees must be informed that they may be able to take time off to vote. State law requires that all employers post a notice to employees of these provisions of the California Elections Code:
"If a voter does not have sufficient time outside of working hours to vote at a statewide election, the voter may, without loss of pay, take off enough working time that, when added to the voting time available outside of working hours, will enable the voter to vote.
No more than two hours of the time taken off for voting shall be without loss of pay. The time off for voting shall be only at the beginning or end of the regular working shift, whichever allows the most free time for voting and the least time off from the regular working shift, unless otherwise mutually agreed.
If the employee on the third working day prior to the day of election, knows or has reason to believe that time off will be necessary to be able to vote on election day, the employee shall give the employer at least two working days' notice that time off for voting is desired, in accordance with this section."
The notice must be posted conspicuously where employees work, or where it can be seen as employees come or go to the place of work.
The notice must be posted at least ten days before every statewide election.
The polls in California are open from 7:00 a.m. to 8:00 p.m. Accordingly, the vast majority of employees should not require time off to vote. Employers should, however, post the required notice and assess requests for time off, and grant them when justified.
