Do we have to give employees time off to vote and is it paid time?

Although the polls in California are open from 7 a.m. to 8 p.m., some employees still may need extra time before or after their shift because of the location of their polling station in relation to their usual work commute, as well as other problems that may limit their ability to vote.

Employers are required to comply with Elections Code Sections 14000, which may require them to give an employee time off to vote, including up to two hours of that time without loss of pay. Whether the employee is entitled to time off depends on the employee’s specific circumstances.

Time off to vote is available if the voter doesn't have sufficient time to vote outside of working hours. The intent is to enable employees to have enough time to vote by combining work time with voting time available outside of work hours.

This is accomplished by allowing an employee to take time off at the beginning or end of the regular work shift to allow the most time to vote and the least time off from the regular work schedule.

In order to be granted voting leave, the employee must notify the employer at least two working days in advance that time will be needed. Employees can be given as much time as they need in order to vote, but only a maximum of two hours is paid. You cannot require the employee to use PTO or vacation.

Read more about Voting Leave in the HR Library.