Attention Employers: What You Need to Know About Election Day

Under California law, employers and employees have rights and obligations related to election day.  California’s General Election will be held on Tuesday, November 3. These provisions of law are found in the California Elections Code as set forth below:

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 will enable the voter to vote. (Elections Code Section 14000(a))

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 between the employer and employee. (Elections Code Section 14000(b))

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. (Elections Code Section 14000(c))

Although this requirement has passed as of this article, 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. (Elections Code Section 14001)

Note that both Sections 14000 and 14001 shall apply to all public agencies and their employees, as well as to employers and employees in private industry. (Elections Code Section 14002)

Chris Micheli is a Principal with the Sacramento governmental relations firm of Aprea & Micheli, Inc.