California Elections Code, section 14001 requires all employers to post a notice to employees advising them of provisions for taking paid leave for the purpose of voting in statewide elections. A sample of this notice, as well as a notice to employers regarding time off for voting is available in this embedded link.
Employers may also call the Elections Division at (916) 657-2166 to order posters of the notices.
Employers must post the employee notice 10 days before a “statewide election.” A statewide election is an election held throughout the state. For example, the presidential election dated November 8, 2016 is a statewide election. For a list of additional, upcoming statewide elections, please visit the Secretary of State’s office website. It has a specific web page listing upcoming statewide elections.
The employee notice must be posted either in the workplace or where it can be seen by employees as they enter or exit their place of work.
Polls are open from 7:00 a.m. to 8:00 p.m. 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. Employees can be given as much time as they need in order to vote, but only a maximum of two hours is paid. 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.
Employers may require employees to give advance notice that they will need additional time off for voting. For example, if you believe you will need time off to vote, you may be required to inform your employer within one (1) business day upon notice of the need for time off. In the alternative, you may be required to provide at least two (2) days notice of the need for time off. Please check with your employer regarding their specific requirements, which should be incorporated into the notice.
Employers may require that the paid time off to be taken only occur at the beginning or end of the employee’s shift.
A Skelly hearing derives its name from Skelly v. State Personnel Board (1975) 15 Cal. 3d 194. Dr. Skelly, a permanent civil service employee, was terminated from his employment with the State of California. The Read more…