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What California Employers Need to Know about Voting Time Off

Posted by: Gail Cecchettini Whaley, Esq. on Tuesday, October 30, 2018 at 9:00:00 am

Election Day is Tuesday November 6, 2018, and the polls are open from 7 a.m. to 8 p.m. Here’s what employers need to know:

• Employees may take up to 2 hours off work, without a loss of pay, if they don’t have enough time to vote during non-work hours.
• Only a maximum of 2 hours must be paid by the employer, even if more than 2 hours off are needed in order to vote.
• Employers can require time off to be taken at the beginning or the end of the employee’s shift—whichever allows the employee the most free time to vote and the least time off from work.
• Employers may require employees to give at least 2 working days advance notice to arrange time off to vote.
• Employers must post the California “Time Off To Vote” notice at least 10 days before every statewide election in a visible location. CEA’s 2018 California/Federal Employment Law Poster contains the required notice—so make sure it’s hanging up in a clearly visible place at work, such as your employee breakroom! If you don’t have the notice, it is available here.

Remember: You can never reward or punish employees for political activities or beliefs, coerce them to support a particular political candidate or measure, or threaten to do so.

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3 comments on "What California Employers Need to Know about Voting Time Off"

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Private comment posted on March 1, 2019 at 1:18:58 am
HR Advisor on October 30, 2018 at 3:19:24 pm said:
Hi- That's a great question! Employers should be aware there is no requirement in the Elections Code that the employee provides proof of voting.

Thanks! Gail Cecchettini Whaley
HR Advisor on October 30, 2018 at 2:54:05 pm said:
How do we know that they are actually voting.

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