WORKPLACE LAW - Voting Leave Rights
Question:
I am a new citizen and I am very excited about voting in the upcoming election. My polling place is close to my home, and I take public transportation to work each day. I am worried that I won’t have enough time to vote and work my regular shift that day. One of my friends told me my employer has to give me time off to vote. I don’t want to make trouble, but I do want to vote. Can I take time off to vote or will I get in trouble?
Answer:
On Tuesday, November 7, 2006, California voters will go to the polls to participate in a statewide election. State law (California Elections Code Section 14001) provides that an employee may take paid leave time in order to vote if the employee does not have sufficient time outside of normal working hours to vote. The intent of the law is to provide an opportunity to vote to workers who would otherwise not be able to do so because of their jobs. The employee can be given as much time as he/she needs in order to vote, but only a maximum of two hours is paid. The polls are generally open from 7 a.m. to 8 p.m., so most employees will have sufficient time outside of their normally scheduled working hours to vote. However, if you do not have sufficient time to vote because of your work schedule and transportation concerns, you may take paid time off to vote in the election.
Employers may require that the time off for voting be taken only at the beginning or end of the regular working shift, whichever allows for the most free time for voting and the least time off from the regular working shift. Your employer can also request that you provide proof that you voted in the election, but the employer must let you know in advance that it will require that proof.
Employers may also require employees to give advance notice that they will need additional time off for voting. If, three working days before the election, the employee knows or has reason to believe that time off will be necessary to be able to vote on election day, the employee shall give the employer at least two working days’ notice that time off for voting is desired. You should request that your employer provide the time off to vote, and ask when the employer will allow you to take the time, at the beginning or end of your shift.
California law requires employers to post a notice to employees advising employees that they may take paid leave to vote in statewide elections. Employers must post the employee notice 10 days before a statewide election, which means that employers must post the notice on or before October 27, 2006. The notice must be posted either in the workplace or where employees can see it as they enter or exit their place of work. A sample of this notice, as well as a notice to employers regarding time off for voting has been produced by the Secretary of State's office. These notices may be downloaded from the California Secretary of State website, http://www.ss.ca.gov/elections/elections_tov.htm.
California law prohibits an employer from taking an adverse employment action against an employee for exercising a legal right. Therefore, you should not get “in trouble” for requesting time off to vote or for taking the time off.
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