With the 2024 election fast approaching in a few short weeks, California employers should refresh themselves on complying with the state’s voting leave and posting requirements for employees.
Employer Notice Requirements
California Elections Code section 14001 requires employers to post a notice, at least ten days before a statewide election, notifying employees of their eligibility to take paid leave in order to vote. This notice should be posted in a conspicuous place either in the workplace or where employees can see it when they enter or exit the workplace. This year’s election is on November 5, 2024, so employers must comply with the notice requirement by October 26, 2024.
Employers can download a sample notice in various languages here or call the Elections Division at (916) 657-2166 to order posters.
Paid Time Off to Vote
California Elections Code section 14000 details employees’ voting rights:
- Employees are eligible for paid time off to vote if they are unable to vote outside of working hours; employees can take as much time as they need to vote, but only two hours will be paid.
- Employers may require that time off for voting be taken only at the beginning or end of an employee’s shift, unless mutually agreed otherwise.
- Employers may require that employees provide at least two days advance notice that they will need time off work to vote.
- Polls are open from 7:00 a.m. to 8:00 p.m. on election day, but in-person voting starts well before November 5, 2024, varying across counties.
- Employers should permit employees time off to vote any day in-person voting is available in their area, not just on election day.
Employers should start informing their supervisors, management, and HR personnel about the company’s time-off policy for voting and what California law requires in advance of election day. Employers should also review their company handbooks to ensure that their voting leave policies are up-to-date and comply with California law.
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MARK SMITH
Smith Policy Group
1001 K Street, 6th Floor
Sacramento, CA 95814
(916) 335-5072
mark@smithpolicygroup.com
smithpolicygroup.com