California Employers: Post PTO for Voting Notice by Oct. 26

With Election Day (Nov. 5) fast approaching, California employers have a key compliance task to address beforehand: They must post a notice informing employees of their right to paid time off to vote by Oct. 26. Here’s a quick recap of what employers need to know and four steps they should take to ensure they are in compliance.

Posting Requirement

Under California Elections Code Section 14001, employers are required to post a notice to employees that explains their rights to take time off for voting. This notice must be posted at least 10 days before a statewide election—meaning employers must have the notice up by Saturday, Oct. 26. The notice can be displayed in the workplace or in a location visible to employees as they enter or exit the work premises.

 Employers can download a sample notice from the California Secretary of State’s website, and they can also call the Elections Division at 916-657-2166 to order posters.

Paid Time Off for Voting

California employees are eligible for paid time off to vote if they do not have sufficient time outside of working hours to vote. Employers should keep in mind the following:

• Poll hours: Polls will be open from 7 a.m. to 8 p.m. on Election Day.
• Maximum paid time: Employees may receive up to two hours of paid time off for voting, though they are entitled to take additional unpaid time off if necessary.
• Conditions: Employers can require that the time off be taken at the beginning or end of employees’ shifts.
• Advance notice: Employers may require employees to provide advance notice if they need time off to vote.

4 Steps to Compliance

To stay compliant, California employers should:

• Download or order the required notice as soon as possible.
• Ensure the notice is posted in a visible location by Oct. 26.
• Inform managers and HR professionals about the company’s time-off policy for voting, including the conditions under which employees are entitled to paid time off.
• Encourage employees to vote and remind them of their rights in advance of Election Day.

Benjamin M. Ebbink is an attorney with Fisher Phillips in Sacramento, Calif., and Washington, D.C. © 2024 Fisher Phillips. All rights reserved. Reposted with permission.