Election Day is November 3, 2026, and California employers have an important compliance deadline approaching. 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.
If your business is closed on Saturdays, we recommend posting the notice by Friday, October 23, 2026, to ensure compliance.
Are Employers Required to Provide Paid Time Off to Vote?
Not necessarily. California law requires employers to provide employees with time off to vote only when their work schedules do not allow sufficient time to vote outside of working hours.
On Election Day, polls 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 and do not need additional time off. Consequently, any employee whose workday begins at 9:00 a.m. or later, or whose workday ends at 6:00 p.m. or earlier has sufficient time to vote outside of 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 vote.
- Additional unpaid time off if necessary to cast their ballot.
- Time off at the beginning or end of their regular shift, unless the employer and employee mutually agree otherwise.
Although California permits voting by mail, employers cannot require employees to vote by mail instead of providing legally required time off.
Election Officers
An employee may not be suspended or discharged because of an absence from employment for serving as an election officer on Election Day.
Important: The October 24 Posting Deadline Applies to ALL Employers
Even if none of your employees will need time off to vote, California employers are still required to post the voting leave notice at least 10 days before the election.
The California Secretary of State provides a free notice that employers can download and post in a conspicuous location where employees can see it.
Download the required notice here: https://www.sos.ca.gov/elections/time-vote-notices
You can also call the Elections Division at (916) 657-2166 to order posters.
Notices are available in multiple languages, including English and Spanish.
Employer Compliance Checklist
With Election Day approaching, California employers should take these simple steps:
- Post the required notice by October 24, 2026 (preferably October 23 if your business is closed Saturday).
- Review employee schedules to identify employees who may need time off to vote.
- Remind supervisors and HR personnel of the requirements for paid voting leave.
- Ensure employees are informed of the procedure for requesting voting leave.
Don’t Miss the Deadline!
The posting requirement is simple, but easy to overlook. Employers should download and display the required notice now rather than waiting until Election Day.
Withrow Employment Law, PC assists California employers with workplace compliance, employment policies, and navigating California’s complex employment laws. If you have questions about voting leave requirements or other employer obligations, contact our office for assistance.
This article is provided for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship.