Super Tuesday is Three Weeks Away, Are You Prepared?
October 13, 2004

So you’ve been watching the debates and you’ve filled out your sample ballot, but are you prepared for your employees requesting “voting leave”? As with so many other areas of employment relations, California has specific laws that afford employees special rights and protections on election day.

Here’s what these voting laws require:

• You may need to give employees paid time off to vote, or “voting leave”

If employees do not have sufficient time outside of working hours to vote, you must allow them to take up to a maximum of two hours of paid leave. Employees may only take such “voting leave” at the beginning or end of the work day, unless otherwise agreed to between the employer and employee. Further, employees must notify you at least two working days in advance of the election of their need for time off to vote. (Calif. Elections Code § 14000.)

The good news is that most polling booths in California for this November’s election are open from 7:00 a.m. to 8:00 p.m. This should mean that most employees will have sufficient time to vote outside of working hours.

• You must post a notice about the availability of voting leave at least 10 days before any statewide election

Every California employer is required to post a notice to employees about their right to take up to two hours of paid “voting leave,” where necessary, to be able to vote in a statewide election. The notice must be posted in a conspicuous place and it must inform employees of their obligation to provide two days notice of their need for such leave. (Calif. Elections Code § 14001.)

To comply with this law, employers must post their voting leave notice by no later than Saturday October 23, 2004. A sample notice is provided below.

• You may not discipline employees for missing work to serve as election officials

California employers are prohibited from suspending or discharging employees who are absent from work while serving as an election officer on election day. (Calif. Elections Code § 12312.) On the other hand, you need not pay an employee for such absence, unless of course the employee is exempt and he or she works a portion of the day. In that case, you would need to pay the employee’s full days’ wages or risk destroying the overtime exemption.

Here is a sample policy:

VOTING ON ELECTION DAY

Election day is Tuesday November 2, 2004. The Company encourages all employees to vote. If you are unable to vote outside of your scheduled work hours on November 2, you are entitled to take up to a maximum of two hours of paid leave at the beginning or end of your shift to enable you to vote. This is not, however, an entitlement for all employees to take two hours off on election day. This leave is only for those employees who would otherwise be unable to vote because of their work schedule on election day.

If you need time off to vote, you must inform your manager at least two business days in advance of the election. However, for planning purposes we request that you give the Company as much notice as possible. Based on your individual circumstances, your manager will determine whether you will be given time off at the beginning or end of your work shift and how much time off you will be permitted.

If you have any questions about this notice, please contact Human Resources.

This E-Update was authored by Denise Brucker. If you have any questions about this E-Update, please contact the author or any PPS&C attorney at (619) 237-5200.

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