Understanding Your Rights: Taking Time Off to Vote in California

In the United States of America, voting is one of the most cherished rights of citizens. It is the cornerstone of democracy, ensuring that the people get to decide who their leaders are. Voting is more than a privilege. It is a responsibility that empowers citizens to influence their future. However, a common concern for employees working long hours each day is how they will exercise their right to vote. If, for example, you’re in the construction industry and work 10 to 12 hours a day and don’t leave work until after 7 p.m., do you have time to vote? In California, employees have the right to take reasonable time off to vote without losing pay, ensuring that the voices of all eligible workers are heard even during a busy workday.

California’s Law on Taking Time Off to Vote

California law recognizes that some employees may not have enough time outside working hours to exercise their voting rights. To address this issue, California Election Code section 14000 gives employees the right to take reasonable time off to vote without facing pay deductions if their shift doesn’t allow them enough time to vote in an election during working hours. This law has three main components, as outlined below;

• Employees who do not have enough time during their workday to vote are entitled to take up to two hours off to vote without facing a pay deduction. 
• The time off for voting should generally occur at the beginning or end of your work shift, whichever gives you enough time to vote and allows the least time off from work.
• If, on the third working day before the election day, you know or reasonably believe you will need time off to vote, you must give your employer at least two working days’ notice of the need for time off to vote.

Employer Responsibilities

You should note that, according to California Election Code section 14001, your employer is required to post notices at least ten days before a statewide election explaining the provisions of Section 14000. This notice should be placed where employees can easily see it. Also, an employer cannot retaliate against you for taking time off to vote. If, for example, an employer fires you, you could have a claim for wrongful termination in violation of public policy.

Practical Steps for Employees

As an employee, the following are the steps to take in regards to taking time off from work to vote;

• Assessing your schedule: Determine if your shift on the day of the election will overlap with polling hours. In California, polls are usually open from 7 a.m. to 8 p.m. If, for example, you will be working a ten or 12-hour shift that will conflict with voting hours, ensure you act fast.
• Provide written notice to your employer instead of just communicating verbally. That way, there is evidence in case a dispute arises regarding your request for time off.
• Finally, work with your employer to decide on the best approach to allow you enough time to vote while ensuring minimal disruption to work.

Contact a California Employment Lawyer

Contact a California employment lawyer if you have questions or need help with an employment law-related matter.