The next general election is Tuesday, November 5, 2024 — and employers need to make sure they comply with California’s voting leave requirements. Employers must post a notice and provide voting leave to their eligible employees.
First, at least 10 days before every statewide election, all employers must display a poster describing California’s voting leave requirements. The Time Off to Vote notice must be posted in the workplace or where employees can see it as they enter or exit their place of work. The California Secretary of State provides the notice in multiple languages, but it’s also included in CalChamber’s all-in-one California and Federal Employment Notices Poster that contains 18 California and federal notices.
Second, under California’s voting leave, employers must provide employees up to two hours of paid time to vote in a statewide election, if they lack sufficient time to vote outside of working hours. Although California polls are open from 7 a.m. to 8 p.m., some employees still may need extra time because of their polling station location in relation to their usual work commute, as well as other problems that may limit their ability to vote.
However, for this election, all California active registered voters have received a vote-by-mail ballot. Ballot drop-off locations opened on October 8, and ballots can be returned by mail, drop-off location or your county elections office. Plus, California’s Voter’s Choice Act (VCA) allows voters in 29 counties to vote at any voting center in a participating county starting 10 days before the election. All this makes it difficult for employees — especially those who vote in VCA-participating counties — to make the case that they need to time off to vote.
Keep in mind that it is the county where your employee is registered to vote that determines whether the Voter’s Choice Act applies, rather than the county where they work. In the end, if an employee’s specific circumstances don’t allow them sufficient time to vote outside of working hours, the:
- Employee must notify the employer at least two working days in advance to arrange a voting time; and
- Time must be taken at the beginning or end of the shift — whichever allows the most free time for voting and the least time off from working — unless otherwise mutually agreed upon.
Additionally, employees can serve as election officials on election day without being disciplined, but employers don’t have to pay for these absences.
Don’t forget to vote!
CalChamber members can read more about Voting Leave in the HR Library on HRCalifornia. Not a member? Learn how to power your business with a CalChamber membership.
Staff Contact: Katie Culliton
