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If an employee cannot make sufficient time outside of working hours to vote in a statewide election, they 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 employers, regardless of size. This time must be used at the beginning or end of the regular working 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.1
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.
You must post the voting leave requirements in a conspicuous place at least 10 days before every statewide election.2 In addition, employees can serve as election officials on election day without being disciplined.3 You are not required to pay employees for absences due to serving as election officials.
1. Elections Code sec. 14000
2. Elections Code sec. 14001
3. Elections Code sec. 12312