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California Time Off to Vote Required Notice

EverythingHR Staff | 05/16/2018 | Blog

By: Robert Campbell

The California Elections Code section 14001 requires employers to post a notice to employees advising them of provisions for taking paid leave for the purpose of voting in statewide elections. California’s Statewide Primary Election will be June 5th. Employers must post the voting leave requirements in a conspicuous place at least 10 days before every statewide election. In addition, employees can serve as election officials on election day without being disciplined. You are not required to pay employees for absences due to serving as election officials.

If an employee cannot make sufficient time outside of working hours to vote in a statewide election, he/she can take off up to two hours of working time to vote without loss of pay. You cannot require the employee to use accrued vacation or paid time off (PTO).

This requirement applies to all public and private employers, regardless of size. Employers may require time off to be taken only at the beginning or end of the employee’s shift, whichever allows the most free time for voting and the least time off from working, unless otherwise mutually agreed upon. The employee must notify you at least two working days in advance to arrange a voting time.

In the unlikely event that the employee needs more than two hours of working time in order to vote, you can agree to more time, but the additional time would be unpaid.

Polls are open from 7:00 a.m. to 8:00 p.m.

Download the Notices:

The notices to employees and employers regarding employee time off for voting is available as a PDF download by clicking on one of the following links:

http://elections.cdn.sos.ca.gov//pdfs/tov-english.pdf