California Voting Leave

DATE: October 5th, 2020

Presidential elections are coming and some of your employees have the right to ask for overtime to fulfill their duty. According to the California law (Cal. Election Code Ann. §§ 14000 – 14003), if a voter does not have enough time outside of working hours to vote, the voter may, without loss of pay, take off enough working time that, when added to the voting time available outside of working hours, will enable the voter to vote. 

California Voting Leave

No more than two hours of the time taken off for voting will be without loss of pay. The time off for voting may 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. 

Voting Leave Notice 

If on the third working day prior to the day of the election, the employee knows or has reason to believe that time off will be necessary to be able to vote on election day, the employee must give the employer at least two working days’ notice that time off for voting is desired. 

Posting Requirement 

State law (California Elections Code section 14001) requires employers to post a notice to their employees advising them of provisions for taking paid leave for the purpose of voting in statewide elections.  

No less than 10 days before every statewide election, every employer must 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 employees’ time off to vote law provisions. 

Mail-In Ballots 

According to the California Voter Protection Act, which modified the state’s election code at Cal. Election Code Ann. §§ 14002, 14004, and 18503, private employers are prohibited from requiring or requesting that their employees bring their vote by mail ballot (mail-in ballot) to work, or vote via mail-in ballot while at work. However, these protections do not interfere with an employer’s ability to encourage employees to vote. 

Employers with questions about this notice or other election-related information may contact the Secretary of State’s Voter Hotline at (800) 345-8683.

You don’t have the required notice to post? No problem. We have made it easy for you. Just click on the blue button below to get a free printable notice document.

Please note that during this time of crisis, the updates, advisories and regulations that we receive from the promulgating agency often contain ambiguities and/or are often amended, modified or updated. The statements/opinions expressed herein is not legal advice. The opinions expressed herein are based on our reasonable interpretation of the issuing agency’s publication at the time the opinion is expressed and is therefore subject to change based on further developments. The effect of the opinions expressed may be different based on your particular circumstances, and it is recommended that you not rely upon these general opinions prior to obtaining a consultation with your legal and/or financial advisors.