Every Vote Counts!
As the last day to vote for the presidential election is fast approaching on November 3, employers in many states are required to give employees time off to vote. In California, for example, in the event employees do not have sufficient time outside of working hours to vote, they are allowed to take as much time as needed, but only two hours of that time must be paid.
What employers should be aware of is that due to the pandemic, states have made it extremely easy to vote either from home via mail-in ballot or early in-person at easily accessible locations. In fact, many of the voting centers have early and late hours, as well as weekend hours. So, while employers have a responsibility to provide necessary time off to vote on November 3, if an employee has already voted via mail-in ballot or in-person, they will not need to provide an employee with any additional time off come November 3.
If you have employees requesting time off to vote, they still have responsibilities before just taking time off. First, you can require employees to give advance notice that they need time off to vote - in California it is two working days before the election. Second, you can require employees to take time at the beginning or end of their regular work schedule, whichever allows the most free time for voting and the least time off from work. States other than California might have different voting leaves, so be sure to check your local regulations.
Finally, every California employer is required to post, in a visible location, a notice informing employees of their rights at least 10 days before an election. A copy of the notice can be found at https://elections.cdn.sos.ca.gov//pdfs/tov-english.pdf.
This is an important election year, and regardless of political opinion, we want to make sure that everyone has the opportunity to cast their vote. Work with employees to ensure they get the appropriate time to cast their ballot.
For information on early voting and vote-by-mail options in California, employees can check with the California Secretary of State for voting options. https://caearlyvoting.sos.ca.gov/.