Don't Forget to Comply with "Time Off to Vote" Requirements
Given that California's Presidential Primary will take place on Tuesday, February 5, 2008, employers should review their policies regarding "Time Off to Vote" to ensure that they are in compliance with state law.
California Elections Code section 14001 requires employers to post a notice 10 days before any "statewide election" advising employees of their right to take paid leave for the purpose of voting (a statewide election is one in which all voters have an opportunity to vote on at least one common race or issue). This 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. Click here to review and download Time Off to Vote notices in both English and Spanish.
Note that employees are eligible for paid time off only if they do not have sufficient time outside of working hours to vote (keeping in mind that voting hours are from 7 a.m. to 8 p.m.). Employees are entitled to a maximum of two hours paid leave, and employers may require that this time be taken only at the beginning or end of their shifts. Employers may also require employees to give advance notice that they will need to take time off for voting.
Please contact us directly to discuss any questions you may have relating to your obligations to provide Time Off to Vote.