Do I need to give an employee paid time off to go vote in person if they live in a county where all voting can be done by mail or at a drop off box?

California law allows employees up to two hours of paid time to vote in a statewide election if they do not have sufficient time to vote outside of working hours. Many employees, however, live in counties that have adopted California’s Voter’s Choice Act, which allows approximately a month in which to cast a ballot, either by mail or at multiple ballot drop boxes in their county.

In addition, voting centers to vote in person are open not only on election day, but for up to 11 days beforehand as well, including weekends. In such counties, it would be extremely difficult for your employee to justify that they don't have time outside of their working hours to cast a ballot.

Keep in mind that it is the county where your employee is registered to vote that determines whether the Voter’s Choice Act applies, rather than the county where they work.

For employees who are registered to vote in counties that have not adopted the Voter’s Choice Act model, California law still places several restrictions on an employee’s right to take paid time off to vote in person.

Read more about Voting Leave in the HR Library.