Paid Time Off to Vote in California

If you are scheduled to work during poll hours on Election Day, November 4, 2014, California law allows you to take up to 2 hours off to vote, without losing any pay. Employers must also post a Notice alerting employees about this right. Check out the notice by clicking here.

California law provides that an employee is entitled to an amount of Election Day leave that, when added to the voting time available to her outside of working hours, will enable her to vote. The employee may be excluded if she has sufficient nonworking time to vote. (California Elec. Code § 14000)

The employee must let his employer know at least two (2) working days in advance of the election, in circumstances when at least 3 days prior to the election, the employee knows (or has reason to believe) he will need time off in order to vote.

Time off must be taken at the beginning or end of the work shift, whichever allows the most free time for voting and the least time off from work, unless otherwise agreed by the employee and employer.

Employees can take off as much time as they legitimately need to vote, but only 2 hours of that time will be paid.

Many employees covered by a Union collective bargaining agreement have provisions in their agreement providing time off for voting. If you are a Union member and have questions regarding your rights, contact your shop steward or representative.

For questions regarding California time off laws on Election Day, please contact your labor law counsel.

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