Election Day is fast approaching, and California employers have an important compliance obligation that should not be overlooked!
Under California law, all employers must post a notice informing employees of their right to take time off to vote no later than Saturday, October 24, 2026.
JorgensenHR Compliance Tip: If your business is closed on Saturdays, we recommend posting the notice by Friday, October 23, to ensure you meet the deadline.
Are Employers Required to Provide Paid Time Off to Vote?
The answer is yes, but only under certain circumstances.
California law requires employers to provide time off to vote when employees do not have sufficient time to cast their ballots outside their regular working hours.
On Election Day, polling locations will be open from 7:00 a.m. to 8:00 p.m.
Employees who have at least two consecutive hours available outside their regular working hours generally have sufficient time to vote without taking additional leave.
For example, employees whose workday begins at 9:00 a.m. or later, or ends at 6:00 p.m. or earlier, generally have sufficient time to vote outside working hours.
However, employees whose schedules do not provide sufficient time to vote may be entitled to:
- Up to two hours of paid time off to cast their ballots.
- Additional unpaid time off when necessary.
- Voting leave at the beginning or end of their regular shift, unless the employer and employee mutually agree to another arrangement.
Employees who know or have reason to believe they will need time off to vote must notify their employer at least two working days before Election Day.
Important: Although California allows voting by mail, employers cannot require employees to vote by mail instead of providing legally required voting leave.
What About Employees Serving as Election Officers?
California law also protects employees who serve as election officers.
Employers may not suspend or discharge an employee because of an absence from work to serve as an election officer on Election Day.
Don’t Overlook the October 24 Posting Deadline!
This requirement applies to ALL California employers, regardless of company size or whether employees actually need time off to vote.
Even if every employee has sufficient time to vote outside regular working hours, employers must still post the required notice at least 10 days before Election Day.
The California Secretary of State provides a free notice that employers can download and display in a conspicuous location where employees can readily see it.
Download the required notice here.
Notices are available in multiple languages, including English and Spanish.
JorgensenHR’s Election Day Compliance Checklist
With the October 24 deadline approaching, JorgensenHR recommends that California employers take these five steps:
- Post the required notice by October 24, 2026, or by Friday, October 23, if your business is closed on Saturday.
- Review employee schedules to identify employees who may need time off to vote.
- Educate supervisors and managers about California’s voting leave requirements, including when paid time off must be provided.
- Communicate voting leave procedures to employees, including advance notice requirements.
- Review your HR policies to ensure compliance with California’s voting leave laws and protections for employees serving as election officers.
Don’t Let a Simple Compliance Requirement Create an Unnecessary HR Headache!
California employers face an ever-growing list of employment law requirements, and even seemingly minor obligations can be easily overlooked.
At JorgensenHR, we help employers stay ahead of compliance deadlines, minimize workplace risk, and implement practical HR solutions that allow business owners and managers to focus on running their organizations.
From employee handbooks and leave policies to workplace postings, manager training, and ongoing HR support, our experienced consultants help employers navigate California’s complex employment laws.
Contact JorgensenHR to learn how our customized HR solutions can help protect your business.
JorgensenHR — Results Oriented, Driven by Passion, Guided by Expertise.
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