On Tuesday, February 5, 2008, California will be one of over 20 states to hold caucuses or presidential primary elections. Under California Elections Code Section 14000, an employee must be provided with up to two (2) hours of time off to vote in a statewide election (without loss of pay) if he or she does not have sufficient time to vote outside working hours. According to the statute, this time off must be provided at the beginning or the end of the worker’s regular shift. If an employee has reason to know that he or she will need time off to vote at least three (3) working days prior to the election, the worker must provide the employer with at least two (2) working days’ notice.
Employers should note that they are required to conspicuously post in the workplace a notice setting forth the provisions of Section 14000 at least ten (10) days before every statewide election. Many employers keep this notice posted at all times for administrative convenience.
Note: This article was published in the January 31, 2008 issue of the California eAuthority.