By law, California employers must allow employees time off to vote when it is needed. There is no set number of hours that the employer must allow an employee to be off work to vote. Instead, employers must provide employees with the time off work that is needed so that, when added to the employee’s available time outside work hours, employees will be able to vote. Up to two hours of the time employees take off work to vote must be paid by the employer.

Employers can require employees to take the time off work to vote at the beginning or end of the regular shift, whichever allows the most free time for voting and the least time off from work. Employers may also require employees to give at least two days’ advance notice of their need for time off work to vote. Such a policy should appear in the employment manual.

No later than October 26, 2024, employers must post written notice of 1 employees’ right to time off work to vote. The notice must be posted in a conspicuous place in the workplace, or in a place where it can be seen by employees as they come or go to their place of work. The Notice should also be emailed to remote employees. The Notice form in English is available at https://elections.cdn.sos.ca.gov/pdfs/tov-english.pdf. The Notice is also available in a number of foreign languages at https://www.sos.ca.gov/elections/timevote-notices.

Employers should permit employees time off to vote, when needed, any day in-person voting is available in the area, not only on November 5.

Each polling place is open from 7:00 a.m. through 8:00 p.m., unless extended by court order.

If you have questions concerning what your obligations are to provide paid time off for employees to vote, contact your employment attorney.

The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.