With Election Day fast approaching, you should be aware of the rules under the CA Voting Leave Law, as well as a required posting notice informing employees of their paid-time-off-to-vote rights.
CA Voting Leave Law
The intent of the voting-leave law in California is to provide an opportunity to vote for workers who otherwise would not be able to do so because of their jobs. Employees must be allowed to take off enough working time that, when added to the voting time available outside of working hours, they are able to vote.
While employees must be given as much time as they need, you are only required to pay up to two hours of that time. You may not require the use of paid vacation or PTO, but it may require the time to be taken at the beginning or the end of the employee’s shift, whichever gives the employee the most time to vote and the least time away from work. Alternatively, the employer and employee may mutually agree upon any other time during the shift when the time off will be taken.
Additionally, when an employee knows he or she will need time off to vote, the individual must give the employer at least two days’ notice.
Polls are open from 7 a.m. to 8 p.m., giving many employees adequate time to vote during nonwork hours.
Posting Requirement
- You must post a notice informing employees of their paid-time-off-to-vote rights by October 26 (NOTE: This notice is included if you have the “all-in-one” type posting).
- This notice must be posted at least 10 days before a statewide election – meaning employers must have the notice up by Saturday, October 26.
- The notice can be displayed in the workplace or in a location visible to employees as they enter or exit the work premises.
If you need a copy of this posting (also available in many languages), click here: “Time off to Vote” Notices :: California Secretary of State
