When must California employees be allowed time off to vote?

The intent of the voting-leave law in California is to provide an opportunity to vote to workers who otherwise would not be able to do so because of their jobs. Employees must be allowed to take off enough working time that, when added to the voting time available outside of working hours, they are able to vote.

While employees must be given as much time as they need, employers are only required to pay up to two hours of that time. The employer may not require the use of paid vacation or PTO, but it may require the time to be taken at the beginning or the end of the employee's shift, whichever gives the employee the most time to vote and the least time away from work. Alternatively, the employer and employee may mutually agree upon any other time during the shift when the time off will be taken.

Additionally, when an employee knows he or she will need time off to vote, the individual must give the employer at least two days' notice.

Polls are open from 7 a.m. to 8 p.m., giving many employees adequate time to vote during nonwork hours. California's Voter's Choice Act, adopted by many but not all counties in the state, allows for voting to be done by mail or at a drop-off box up to four weeks before an election. The county where the employee is registered to vote—not the county where he or she works—determines whether the Voter's Choice Act applies. Employees living in a covered county may have a hard time justifying the need for time off from work to vote.

The law also requires employers to post a notice advising employees of their right to take paid leave for the purpose of voting in statewide elections at least 10 days before a statewide election is held. The notice must be posted either in the workplace or where it can be seen by employees as they enter or exit their place of work. These notices may be downloaded for free from the California Secretary of State's website.