California Employers: Your 2024 Election Compliance Guide | Don't Risk Imprisonment or $1,000 Fines

Oct 23, 2024

7 min read

October 23, 2024

By: Shiva Razipour, Esq.

Are California employees entitled to paid time off from their employers to vote in statewide elections?

Short answer: Yes!

But did you know there are two other requirements California employers must know about for every statewide election? The two requirements are the following:

California employers must also comply with "Time off to Vote" Notices and
California employees/voters are eligible for as much time off work on Election Day but only up to 2 hours of paid time off during regular working hours to vote if they meet the requirements described below.

Failure to follow these requirements may result in fines or imprisonment.

"Time off to Vote" Employer Notices

What type of employer must comply with Time Off to Vote" Employer Notices and Paid Time Off to Vote?

All California employers. California Elections Code section 14002 requires all public agencies and private employers to comply with California Elections Code sections 14000, 14001, and 14004 Code (i.e., "Time off to Vote" Employer Notices and Paid Time Off to Vote).

When must California employers post a "Time off to Vote" Notice?

California Elections Code section 14001 requires California employers to post a notice to their employees advising them of provisions for taking paid leave to vote in statewide elections.

Here are the 3 things a California employer must do to comply with California Elections Code section 14001:

Statewide Elections: A statewide election is an election held throughout the state. The voting leave law does not include countywide elections. For a list of upcoming statewide elections, please visit California's Elections Division's upcoming elections web page.
Post Notice 10 Days Before Statewide Elections: Employers must post the employee notice at least 10 days before a statewide election.
1. Example: This year's statewide election is on November 5, 2024, so employers must comply with the notice requirement by October 26, 2024.
Post Notice Conspicuously In The Workplace: The employee notice must be posted either conspicuously in the workplace or where employees can see it as they enter or exit their place of work.

What must California employers post in their "Time off to Vote" Notice?

Under the California Election Code section 14000, employees are eligible for paid time off to vote if they do not have sufficient time outside working hours. The law intends to provide workers with an opportunity to vote who would not be able to do so because of their jobs.

Here are the 3 components that must be included within a "Time off to Vote" Notice:

If an employee does not have sufficient time outside of working hours to vote at a statewide election, the employee may, without loss of pay, take off enough working time that will enable the voter to vote.
Employees may take as much time as they need to vote, but no more than two hours of the time taken off for voting shall be without loss of pay. The time off for voting can only be at the beginning or end of the regular working shift, whichever allows the most free time for voting and the least time off from the regular working shift unless otherwise mutually agreed upon between the employer and the employee.
If an employee thinks they will need time off to vote three working days before the election, the employee must notify their employer at least two working days before the election.

California's Elections Division created sample notices for employees and employers regarding employee time off for voting in multiple languages, which are linked below.

How California Employees/Voters Can Request Time Off to Vote

How do California employees request time off to vote for statewide elections? Here's how:

Determine If You Have Sufficient Time Outside of Working Hours To Vote: On this year's Election Day, November 5, 2024, polls are open from 7:00 a.m. to 8:00 p.m. You can find your polling place using California's Find Your Polling Place tool.
Consider How Much Time Off To Request To Vote: Let your employer know how much time you think you need to go to the polling station, fill out your ballot, and return to work. California employees/voters are eligible for as much time off work on Election Day but only up to 2 hours of paid time off during regular working hours to vote. Any time taken beyond the 2 hours will be unpaid.
Talk to Your Employer About When You Can Take Your Time To Vote: Employers may require time off to be taken only at the beginning or end of your shift, whichever option gives you more time to vote and takes less time from your shift.
1. Note: You can negotiate with your employer to take time off in the middle of the workday, but your employer is not required to give you that time off if it is not at the beginning or end of your shift.
Provide 2 Workdays of Advance Notice To Your Employer: Employers may require employees to give advance notice that they will need additional time off for voting. If you think you will need time off to vote three working days before the election, the employee must notify their employer at least two working days before the election.
1. Example: Let’s say you work Monday through Friday. Election Day is on Tuesday, November 5, 2024. If you believe you need time off to vote on Thursday, October 31, 2024 (three working days before Election Day), you must submit your request for time off work from your employer by Friday, November 1, 2024 (2 working days before Election Day).

Employees Serving as Election Officials

Under California Election Code section 12312, employees may serve as election officials on Election Day without being suspended or discharged because of their absence. Employers are not required to pay employees for the time they are absent from work to serve as election officials.

Employers Cannot Mandate Mail-In Ballots

California Election Code section 14004 prevents employers from either requiring or requesting the following:

That an employee bring the employee’s vote by mail ballot to work or
Vote the employee’s vote by mail ballot at work

This means that employers cannot force their employees to bring in mail-in ballots to work, vote in the workplace, and/or mail in their ballots at the end of the day to circumvent giving their employees time off. People have the right to vote either in person or with a mail-in ballot. Employers cannot influence an employee’s decision to vote, but they are not prevented from encouraging their employees to vote.

Penalties For Neglect Or Refusal To Perform Duties

What if an employer fails to perform its duty to post the "Time off to Vote" notice or provide proper time off under the California Elections Code?

California Elections Code section 18002 punishes anyone who willfully neglects and fails to perform a duty under the California Elections Code (i.e., "Time off to Vote" Employer Notices and Paid Time Off to Vote). Neglect or refusal to perform duties owed under the California Elections Code is punishable by the following:

A fine not exceeding one thousand dollars ($1,000);
Imprisonment under subdivision (h) of Section 1170 of the Penal Code for 16 months or, 2 or 3 years; or
By both that fine and imprisonment.

Best Practices for Employers

To ensure compliance and support employee participation in the election, employers should:

Review Policies and Practices: Regularly review practices and update any relevant policies to ensure they align with current laws. Be prepared to address employee requests for time off well before Election Day.
Talk To Your Management: 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.
Address Posting Requirements: Ensure you follow California's notice requirements for voting leave rights.
Promote Employee Morale: Supporting employees' right to vote can positively impact morale. Consider creating a culture that encourages voting and ensures compliance with all relevant policies.

By staying informed and proactive, employers can navigate the complexities of voting leave requirements and support their employees' civic engagement during the 2024 election.

Download Free "Time off to Vote" Employer Notices:

California's Elections Division created sample notices for employees and employers regarding employee time off for voting in multiple languages. These notices are available as a PDF download by clicking on one of the following links:

You can also access California's Elections Division's Time off notices here or may call the Elections Division at (916) 657-2166 to order posters of the notices.

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©2024 Razipour Law, PC. This material is provided for informational purposes only. It is not intended to constitute legal advice, nor does it create a client-lawyer relationship between Razipour Law and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions. Prior results do not guarantee a similar outcome.

Time Off to Vote Notice