Polls across California are open from 7:00 a.m. to 8:00 p.m. on Tuesday, November 3. If your work shift leaves you without enough time outside working hours to cast your ballot, you shouldn’t have to choose between keeping your job and exercising your right to vote.
Fortunately, California’s Elections Code has you covered. For statewide elections, employees are legally entitled to take time off work to vote – and crucially, up to two hours of that time must be paid.
Who qualifies for time off to vote?
Under California Elections Code section 14000, this right belongs to any voter who lacks sufficient time outside of working hours to get to the polls. Under section 14002, these rules apply broadly to both private-sector employees and public agency workers. The law enables people to exercise their right to vote without having to sacrifice their right to work.
Whether you qualify depends on a simple equation: your work schedule on Election Day measured against the hours the polls are open. This right applies specifically to statewide elections where voting happens across the entire state. Local elections restricted to a single city, county or district do not trigger this specific state rule.
Up to two hours of paid time
If you need time off because your shift conflicts with poll hours, you can take as much time as you need to vote, but up to two hours of that absence must be paid by your employer. Any additional time needed beyond those two hours may be designated as unpaid.
When can you take the time? As a general rule, the time off must be taken at either the beginning or the end of your regular working shift – whichever gives you the maximum amount of free time for voting and minimizes disruption to your workday. That said, you and your employer can agree to a different arrangement, such as a flexible block of time in the middle of the day.
Giving notice: tell your employer early
If you know or have reason to believe you will need time off to vote, you must keep these things in mind:
- The Two-Day Rule: You must give your employer at least two working days’ notice before the election if you plan to take time off.
- Keep a Paper Trail: The law doesn’t require a rigid formal form, but sending an email is a smart move because it leaves a clear, dated record of your request.
The employer’s duty: workplace postings
Your employer has a duty of its own. Under section 14001, not less than 10 days before every statewide election, every employer must keep a notice setting out these rules posted “conspicuously at the place of work, if practicable, or elsewhere where it can be seen as employees come or go to their place of work.” For the November 3 election, employers had to post it by October 24. Public agencies have the same duty. The Secretary of State publishes a sample notice in ten languages.
Be sure to keep copies of your advance request, any responses from management, and your pay records for the pay period covering Election Day.
When to seek legal guidance
If your employer refused you time off to vote, cut your pay for up to two hours of voting time, or treated you differently after you asked, you don’t have to navigate it alone. Java & Jebreil can talk with you about what happened and what to expect at each stage. Keep a copy of your request, any reply and your pay records for the pay period that includes November 3. The firm represents California employees in wage and hour and workplace retaliation matters.
This article provides general information about California law and is not legal advice. It does not create an attorney-client relationship and does not address the facts of any particular situation. Laws and their application change, and their effect depends on the circumstances. Consult a licensed attorney for advice about your situation.
This post was drafted with the assistance of artificial intelligence.
