Long lines for voting may be the norm this year, making it even more important that employees get enough time off to vote.
Under California law, an employee can take the time off that’s necessary, when added to available nonworking time, to vote in a statewide election. Unless otherwise agreed, this time must be taken at the shift’s beginning or end, whichever will minimize the time off. Up to 2 hours of this time off is with pay. Elec C §14000.
Employers must post a notice of this right at least 10 days before the election. Elec C §14001. The notice must be posted conspicuously at the work place, if practicable, or where it can be seen as employees come and go to their place of work. Employers can get sample notices in various languages from the California Secretary of State’s website.
An employee who, on the third working day before an election, knows or has reason to believe that he or she will need time off to vote must give the employer at least 2 working days’ notice of that need. Elec C §14000.
In addition to time off for voting, an employee can’t be suspended or discharged for “absence while serving as an election officer on election day.” Elec C §12312. Employees are not, however, entitled to be paid for time off under this section.
For more on employee leaves, turn to CEB’s Employee Leave Laws: Compliance and Litigation and Advising California Employers and Employees, chap 6. Also check out CEB’s California Wage and Hour: Law and Litigation chapter 9 for information on workplace posting requirements. These titles are all part of CEB’s OnLAW Employment Law Library.
Other CEBblog™ posts you may find useful:
- Do CA Employers Have to Give Time Off for Religious Holidays?
- Do CA Employers Have to Give Bereavement Leave?
- Employee Leave For Kids’ School Activities
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