If an employee does not have sufficient time outside of working hours to vote in a statewide election, California Elections Code Section 1400 mandates that an employer must provide an employee time off to vote. Refusal of this right may give rise to legal action.
How California’s Time Off To Vote Law Works
- Employees are eligible for paid time off for the purpose of voting only if they do not have sufficient time outside of working hours to vote. The intent of the law is to provide an opportunity to vote to workers who would not be able to do so because of their jobs.
- Employees can be given as much time as they need in order to vote, but only a maximum of two hours is paid.
- Employers may require time off to be taken only at the beginning or end of the employee’s shift.
- You must notify your employer at least two working days prior to the election of your need for time off to vote.
An employer may not retaliate against an employee for taking this time to vote.
What to Do if You Have Been Treated Unlawfully
Many companies have policies regarding employee rights and obligations in their company handbooks. Likewise, they may require that you follow a certain channel of communication in requesting leave or reporting a denial of your rights and/or retaliation. You should follow these procedures and document your actions in writing.
The Dolan Law Firm is committed to safeguarding the rights of employees. If you believe that you are being discriminated against or denied your legal right to vote, contact us online or call 888-452-4752 for a free case evaluation.
