Originally posted back in August, this post bears repeating since we have the upcoming elections this Tuesday:
No doubt these are very political times and analysts are predicting a record voter turnout for the upcoming November elections.
How will this affect your business?
Well, the California Elections Code mandates you give employees up to 2 hours of paid leave to cast their vote. This is only if their work schedule doesn’t permit enough time to vote. However, if the employee has time either before or after his shift to vote you don’t have to provide the paid time off.
In most cases, polling places are open long enough to accommodate people’s work schedules. But be aware of this: an employee’s commute time is also figured into the equation. If one of your employees takes a 2 hour commute to work, his regular work shift plus the 4 hours commuting time may freeze him out from voting, or at least make it a rushed proposition.
So here is what you need to do: post the TIME OFF FOR VOTING notice 10 days before an election. Let employees know they are required to notify you 2 days before the election if they need time off. As the employer, you get to choose when the time off will be used: at the beginning or end of the employee’s shift, for example.
14000. (a) 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
(b) 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.
(c) 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.
14001. Not less than 10 days before every statewide election, every
employer shall keep posted conspicuously at the place of work, if
practicable, or elsewhere where it can be seen as employees come or
go to their place of work, a notice setting forth the provisions of
14002. Sections 14000 and 14001 shall apply to all public agencies
and the employees thereof, as well as to employers and employees in
14003. Except in time of war or public danger, no voter is obliged
to perform militia duty on any election day.
The preceding information pertains to California only, and is for general informational purposes only. It is not legal advice and is not intended as such. Human Resource professionals are strongly encouraged to check the laws and regulations of their home state and local cities.