Employees’ Right To Vote
The California Elections Code stipulates that employees are eligible for paid off to vote in a statewide election if they do not have enough time before or after work to vote. The election must be an election that is held throughout the state. The intent of this law is to provide employees with an opportunity to vote which they would not otherwise have because of their job responsibilities.
Employers are required to post an employee notice 10 days before a statewide election advising employees that they may be eligible for paid time off to vote. This notice must be posted in a place where it can be seen by employees when they enter or leave their workplace. The notice can also be posted in the work area, but it must be visible to all employees.
Here are 8 things you should know:
1.While employees must be given as much time off as they need to vote, only a maximum of two hours will be paid time off.
2.Employees can be required to give two days notice about needing time off to vote.
3.Employers may require employees to take the paid time off at the beginning of their shift or the end.
4.Considering that the polls are open from 7:00 AM to 8:00 PM, the employee can be required to demonstrate that they cannot cast their vote before or after their shift.
5.An employer cannot retaliate against an employee who asks for paid time off to vote.
6.An employer cannot ask an employee who requests time off to vote who or what they intend to vote for.
7. An employee may take more than two hours off if voting requires it. However, only the first two hours will be paid.
8.An employer may allow an employee to used accrued time to pay for any amount of time beyond 8 hours. However, this is completely up to the employer; they are not required to allow accrued time for voting.
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