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Taking Time off to Vote

Posted by Kim Gusman, President & CEO on October 24, 2024

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As Election Day races toward us like a caffeinated squirrel, California employers need to brush up on the state voting leave law. Yes, folks, your employees can take time off to vote, and they don’t even need to bring back a souvenir!

Time Off to Vote

Here’s the lowdown, straight from California Election Code section 14000:

  1. If your employee doesn’t think they have sufficient time outside of working hours to vote, they are allowed to take as much time off as they need. However, they can only snag up to two hours of paid time off for this leave purpose.  (Don’t deduct time from their PTO bank).
  2. You can require an employee’s requested time off to occur at the beginning or end of their shift—you want to maximize their “I just voted!” selfies, not their time away from work.
  3. Employees need to give their employer a heads-up, at least two working days in advance if they plan to take time off to vote. So, no last-minute “Hey, boss, I need to go exercise my civic duty!” surprises.

Employer Posting Requirements

According to California Election Code section 14001, the employer must put up a notice about voting leave where employees can see it. This posting is already included in your CEA all-in-one State/Federal Employment law poster. The poster needs to be up at least 10 days before every statewide election (that’s this Saturday)!

Employees Serving as Election Officials

If you have an employee who is an election official on Election Day, they can do so without any retaliation for missing work. However, just a heads-up: you don’t have to pay them for that time.

So, as Election Day approaches, remember these rules. It’ll make the voting process smoother and keep your workplace running like a well-oiled democracy machine!