For so many reasons, this presidential election cycle is one for the history books. It can be challenging to stay focused on compliance issues when there’s so much going on in the world.  But, as we all know, HR’s work is never done!

With the upcoming election on November 5, employers must remember to post a notice notifying employees of their eligibility to take paid leave for the purpose of voting in statewide elections.

California Elections Code section 14001 requires employers to conspicuously post such a notice no fewer than 10 days before a statewide election (October 26). The notice must be posted where employees can see it either entering or leaving the workplace. 

California Elections Code section 14000 details employees’ rights in this area: 

• Employees are eligible for paid time off to vote if they do not have enough time outside of working hours to vote. Polls are open from 7:00 a.m. – 8:00 p.m.

• Employees may take off as much time is needed to vote, but they only need to be paid for two hours.

• The time off for voting must occur at the beginning or end of the employer’s shift. Unless the employer and employee mutually agree otherwise, the time off must maximize the employee’s free time for voting and minimize their time off from work.

• If an employee knows on the third working day prior to the election that they will need time off to vote, the employee must provide at least two working days’ notice.

The California Secretary of State has a sample notice posted on their website available as a PDF download. Employers may also call the Elections Division at (916) 657-2166 to order notices. 

Only 49 days to go.