Election day is just around the corner - Tuesday, November 4th. Public and private employers alike need to be mindful of the legal requirements associated with such elections. Employers have a posting requirement which must be followed and must accommodate time off requests where the employee needs extra time off to vote. We explain these requirements below.
Time off to vote. The polls will be open from 7 AM to 8 PM. Section 14000 of the Election Code states that "where 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 to vote". The Election Code goes on to say that "no more than two hours of the time taken off for voting shall be without loss of pay".
The Code also speaks to the timing of the time off. It stipulates that 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."
Employee Notice. The law obligates the employee seeking time off under the Code to come forward and ask for the scheduling accommodation. It says that if the employee, on the third working day prior to the day of the 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 of the law.
Mandatory Employer Posting. In order to ensure that employees are made aware of these rights, the state law requires employers to post a notice setting forth the provisions of Elections Code Section 14000. In that regard, the law states: 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 Section 14000 of the Elections Code.
Check your all-in-one poster to see if the voting rules are stated. If not, below is the required language:
Elections Code 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 to vote.
(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.
Your contact at the Firm is ready to be of assistance if you have any questions regarding this subject.
