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Voting - Time Off

Bottom-line considerations:

Let employees have at least two hours off to vote on an election day (unless they have already voted under early voting procedures).

Such time off needs to be paid to the extent that it cuts into the employee's normal working hours (PD-1532).

Such time off does not need to be paid if the two hours are available outside of normal working hours (PD-1532).

If the time is taken off from mandatory overtime, the time off should be paid at the rate that would have applied to the time so missed (CM-0053).

If the time is taken off from optional overtime voluntarily requested by the employee, the time off does not need to be paid, since the time off would be outside of normal working hours and is time that the employee voluntarily chose to spend working rather than voting (CM-0053).

In general, an employer can satisfy the law by allowing schedule flexibility on the day of voting and allowing the employee to make up any lost time on other days of the week. Reasonable accommodation is always encouraged.

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