Voting Leave

What Is Voting Leave?

Voting leave is paid time off that California employers must provide to employees who do not have sufficient time outside of their working hours to vote in a statewide election. Under California Elections Code Sections 14000-14003, employees are entitled to take up to two hours of paid time off at the beginning or end of their shift to vote, ensuring that work schedules do not prevent citizens from exercising their fundamental right to vote.

California considers voting a civic duty so important that it is one of the few types of leave that is mandated to be paid. The law recognizes that some employees, particularly those working long shifts or multiple jobs, may not have adequate time before or after work to reach their polling place and cast their ballot.

California Requirements

Employer Coverage

California's voting leave law applies to:

Employer Type	Coverage
All private employers	Yes, regardless of size
Public employers	Yes
Nonprofit organizations	Yes
All industries	Yes

No Exceptions: Unlike many other leave laws, there is no minimum employer size. Every California employer must comply with voting leave requirements.

Employee Eligibility

All employees are eligible for voting leave:

Factor	Requirement
Citizenship	Must be registered voter
Employment status	Full-time, part-time, temporary
Length of service	None required
Hours worked	None required

When Voting Leave Applies

Voting leave is available for:

Election Type	Covered
Presidential elections	Yes
Gubernatorial elections	Yes
Primary elections	Yes
State ballot measure elections	Yes
Local elections	Yes (when held with statewide)
Special statewide elections	Yes

Amount of Leave

Maximum Voting Leave

Provision	Details
Maximum paid time	Up to 2 hours
Pay rate	Regular rate of pay
When taken	Beginning or end of shift
Condition	Employee lacks sufficient non-working time to vote

"Sufficient Time" Standard

Employees are entitled to voting leave only if they do not have sufficient time outside working hours to vote:

Scenario	Voting Leave Entitled
Work 6 AM - 6 PM, polls open 7 AM - 8 PM	Yes (only 2 hours after work)
Work 9 AM - 5 PM, polls open 7 AM - 8 PM	No (adequate time before and after)
Work 7 AM - 7 PM, polls open 7 AM - 8 PM	Yes (only 1 hour after work)
Work split shift with 3-hour midday break	Possibly no (may have sufficient time during break)

California Polling Hours

Election Type	Polling Hours
Statewide elections	7:00 AM - 8:00 PM

Vote-by-Mail Option: California is now a vote-by-mail state where all registered voters receive ballots by mail. However, voting leave still applies for employees who choose to vote in person.

Timing of Leave

Beginning or End of Shift

The law specifies that voting leave must be taken at:

Option	Description
Beginning of shift	Employee arrives late to vote first
End of shift	Employee leaves early to vote
Employer discretion	Employer may specify which option

Employer's Choice: While employees have the right to voting leave, the employer may determine whether the time off is at the beginning or end of the shift, based on operational needs.

Combining with Lunch or Breaks

Situation	Guidance
Regular lunch break	Cannot be required to use lunch for voting
Paid breaks	Cannot be required to use paid breaks
Extended lunch	Employer may offer as alternative (employee choice)

Notice Requirements

Employee Notice

Requirement	Details
Timing	At least 2 working days before election
Method	Verbal or written notice
Content	Intent to take voting leave

What Constitutes Adequate Notice

Notice Given	Acceptable?
3 days before election	Yes
2 working days before	Yes (minimum)
Day before election	Generally no (unless employer agrees)
Day of election	No (unless emergency)

Employer Flexibility: Employers may choose to allow shorter notice, but they are not required to do so.

Employer Notice Requirements

Employers must post a notice about voting leave rights:

Requirement	Details
Timing	At least 10 days before every statewide election
Location	Conspicuous place at worksite
Content	Must inform employees of voting leave rights
Format	Secretary of State provides official notice

Pay Requirements

Paid Leave

Voting leave in California must be paid:

Element	Requirement
Up to 2 hours	Paid at regular rate
Beyond 2 hours	May be unpaid
Rate of pay	Employee's regular hourly rate
Commission employees	Based on regular earnings calculation

Calculating Pay

Employee Type	Pay Calculation
Hourly	Hours taken x hourly rate
Salaried non-exempt	Hours taken x equivalent hourly rate
Salaried exempt	No deduction allowed for partial day
Commission	Average hourly earnings

Exempt Employees: For exempt employees, no salary deduction is permitted for partial-day absences, so voting leave has no pay impact.

Prohibited Employer Actions

Retaliation Prohibited

Employers cannot take adverse action against employees for:

Protected Activity
Requesting voting leave
Taking voting leave
Exercising right to vote
Wearing political items outside work
Political activities outside work hours

Specific Prohibitions

Prohibited Action	Explanation
Terminate for voting	Illegal
Discipline for taking leave	Illegal
Reduce hours as punishment	Illegal
Deny promotion based on leave	Illegal
Create hostile environment	Illegal

Political Coercion Prohibited

California also prohibits employers from:

Prohibited Conduct
Attempting to influence employee's vote
Displaying materials to influence votes
Threatening job consequences based on voting
Tracking how employees vote
Offering rewards for voting a certain way

Enforcement and Penalties

Filing a Complaint

Employees can file complaints regarding voting leave violations with:

Agency	Type of Violation
Labor Commissioner	Wage/hour violations
Secretary of State	Election law violations
District Attorney	Criminal violations

Penalties for Violations

Violation	Potential Penalty
Denial of voting leave	Back pay plus penalties
Failure to post notice	Fine per violation
Retaliation	Reinstatement, back pay, damages
Attempt to influence vote	Criminal misdemeanor

Criminal Penalties

Serious violations may result in:

Offense	Potential Consequence
Misdemeanor	Up to $1,000 fine and/or county jail
Employer coercion	Criminal prosecution

Best Practices for Employers

Pre-Election Preparation

Timeframe	Action
30 days before election	Review policy and procedures
14 days before election	Prepare notice for posting
10 days before election	Post required notice
3-5 days before election	Remind employees of rights and notice requirements
Election day	Implement leave as requested

Policy Development

Create a written voting leave policy that addresses:

1. Eligibility - All employees registered to vote
2. Leave amount - Up to 2 hours paid
3. Timing - Beginning or end of shift
4. Notice requirement - At least 2 working days
5. Request process - How to submit requests
6. Documentation - What proof may be requested

Scheduling Considerations

Approach	Implementation
Stagger departures	Schedule employees to leave in groups
Cross-train coverage	Ensure adequate staffing
Accommodate all requests	Don't deny legitimate requests
Plan ahead	Review schedule before election day

Documentation

Employers may request reasonable documentation:

Request	Permissible?
Voter registration status	Yes, reasonable
Proof of voting	Generally no
Time of voting	No
How employee voted	Absolutely not

Interaction with Other Laws

Voting Leave and Other Time Off

Leave Type	Relationship
Paid sick leave	Cannot require use for voting
Vacation/PTO	Cannot require use for voting
Jury duty leave	Separate entitlement
Military leave	Separate entitlement

Federal Law

No federal law requires voting leave, making California's law particularly important:

Jurisdiction	Voting Leave Required?
Federal	No
California	Yes, paid
Most states	Varies

Vote by Mail Considerations

California's Vote-by-Mail System

Since California implemented universal vote-by-mail:

Feature	Details
All voters receive mail ballot	Automatic
Return options	Mail, drop box, in person
In-person voting	Still available
Voting leave	Still applies for in-person voters

Impact on Voting Leave

Scenario	Voting Leave Applies?
Employee chooses to vote in person	Yes
Employee received mail ballot	Still eligible if voting in person
Employee votes by mail	No leave needed
Ballot drop-off during work	May be eligible for leave

Employer Approach: Employers should inform employees of mail voting options but cannot require employees to vote by mail instead of taking voting leave.

Practical Examples

Example 1: Standard Voting Leave Request

Scenario: Ana works 8 AM to 6 PM. Polls are open 7 AM to 8 PM. She requests to leave at 5 PM to vote.

Analysis:

• Ana has only 2 hours after work to vote
• She provided notice 3 days in advance
• She requests 1 hour of voting leave

Outcome: Employer approves 1 hour of paid voting leave. Ana leaves at 5 PM instead of 6 PM. She receives full pay for the day.

Example 2: Sufficient Time Available

Scenario: Carlos works 9 AM to 5 PM. Polls are open 7 AM to 8 PM. He requests voting leave.

Analysis:

• Carlos has 2 hours before work (7-9 AM) and 3 hours after work (5-8 PM)
• This likely constitutes "sufficient time" to vote
• Voting leave may not be required

Outcome: Employer may reasonably deny the request since Carlos has adequate time outside work hours. However, many employers accommodate such requests anyway as good practice.

Example 3: Long Shift Worker

Scenario: Maria works 6 AM to 7 PM in a warehouse. Polls open at 7 AM.

Analysis:

• Maria has no time before work to vote (starts at 6 AM, polls open at 7 AM)
• She has only 1 hour after work (7-8 PM)
• She qualifies for up to 2 hours of voting leave

Outcome: Maria requests 2 hours at end of shift. Employer approves, and she leaves at 5 PM instead of 7 PM. She receives 2 hours of paid voting leave.

Example 4: Late Notice

Scenario: David realizes on Monday that Tuesday is election day and requests voting leave Monday afternoon.

Analysis:

• David provided only 1 working day notice
• Law requires 2 working days notice
• Employer is not required to approve

Outcome: Employer may deny the request due to insufficient notice. However, employer may choose to accommodate anyway. David should plan to use early morning or evening hours to vote.

Example 5: Employer Designates Timing

Scenario: Jennifer requests to leave early to vote. Her employer says she must come in late instead due to end-of-day staffing needs.

Analysis:

• Employer has discretion to specify beginning or end of shift
• This is permissible under the law
• Jennifer must comply with employer's designation

Outcome: Jennifer arrives 2 hours late instead of leaving 2 hours early. She votes in the morning and receives full pay for her shifted schedule.

Posting Requirements

Official Notice

The California Secretary of State provides an official notice that employers must post:

Requirement	Details
Content	Employee voting rights information
Posting deadline	10 days before each statewide election
Location	Conspicuous location at workplace
Duration	Through election day
Language	Available in multiple languages

Notice Content

The posted notice must inform employees of:

• Right to take time off to vote
• Up to 2 hours paid
• Beginning or end of shift
• 2 working days advance notice requirement
• No retaliation for exercising rights

Common Questions

Can employers require proof of voting?

Question	Answer
Can employer require "I Voted" sticker?	No
Can employer require proof of voter registration?	Yes, reasonable verification
Can employer ask who employee voted for?	Absolutely not
Can employer verify employee actually voted?	No

What about early voting and drop boxes?

Situation	Guidance
Early voting available	Employee may still vote on election day
Ballot drop boxes available	Employee may choose in-person voting
Employer suggests alternatives	Cannot require alternatives

Multiple elections in one year?

Scenario	Entitlement
Primary election	Up to 2 hours paid
General election	Up to 2 hours paid
Special election	Up to 2 hours paid
Local-only election	Only if statewide measures included

Employer Compliance Checklist

Before Each Election

• Review and update voting leave policy
• Obtain official posting notice from Secretary of State
• Post notice at least 10 days before election
• Communicate policy to managers and supervisors
• Plan staffing for election day absences
• Create system for tracking leave requests

On Election Day

• Accommodate all properly submitted requests
• Pay voting leave at regular rate
• Document leave taken for records
• Maintain neutral, non-coercive environment
• Do not question employees about voting choices

California's voting leave law reflects the state's commitment to democratic participation. By providing paid time off and protecting employees from retaliation, the law ensures that employment obligations do not interfere with the fundamental right to vote.