How much time must employees be given to vote on election day?
Question: Does an employer have to grant an employee’s request for time off to go vote in an election if the polls are open outside of the employee’s scheduled shift?
Answer: At election time, employers are required to fulfill certain obligations under provincial or federal elections legislation (in most jurisdictions this legislation is called the Elections Act).
All employees who are eligible voters are entitled to have three consecutive hours during which to vote while polls are open. Time off with pay must be provided to the extent necessary to allow three consecutive hours for voting. These three hours are to be granted at the convenience of the employer.
Most elections legislation in Canada prohibits an employer from deducting pay or imposing any penalty for time off to vote. No employer may pay an employee less than the amount the employee would have earned on polling day if they had continued to work during the time allowed for voting. This is the case regardless of whether the employee is paid on an hourly, piece-work, salaried or any other basis.
The law does not require employees to request time off to vote, so employers are encouraged to proactively address their employees’ right to vote on election day. An employer is not required to provide paid time off if an employee has three consecutive hours free from work while the polls are open. For example, an employee who completes work at 5:00 p.m. will have three consecutive hours for voting and is not entitled to time off. If, however, an employee works from 9 a.m. to 5:30 p.m., that employee would be entitled to paid time off to vote. To ensure minimal disruption to the employee’s regular work day, while at the same time complying with the law, an employer in these circumstances could allow the employee to leave work one-half-hour early, at 5 p.m.
