Time Off to Vote in California: What Employers Need to Know Before the November 3, 2026 Election

California's general election is on Tuesday, November 3, 2026, and employers have a legal duty that is easy to overlook. Under the California Elections Code, employees who can't get to the polls outside working hours are entitled to time off to vote, and part of that time must be paid. Employers also have a posting requirement with a firm deadline.

This guide answers the questions employers ask most often, so you can prepare your managers, payroll team, and workplace notices before Election Day.

Do California Employers Have to Give Time Off to Vote?

Yes. California Elections Code Section 14000 says that an employee who does not have sufficient time outside working hours to vote in a statewide election may take off enough working time to vote. The requirement covers the November 3, 2026 general election.

The law applies to employers of every size. It does not depend on the employee's position, and it covers full-time and part-time employees alike. The test is whether the employee's own schedule leaves enough time to vote while the polls are open. Polls in California are open from 7:00 a.m. to 8:00 p.m.

How Much Paid Time Off to Vote Is Required?

An employee may take as much time as needed to vote, but only up to two hours must be paid, without loss of pay. The employer does not have to pay for time beyond two hours.

In practice, many employers simply approve a two-hour window for any employee who asks. That avoids disputes over how long voting "should" take and keeps payroll handling consistent.

When Can Employees Take Voting Leave?

The time off must be taken at the beginning or the end of the employee's regular shift, whichever leaves the most free time for voting. This is the default rule. The employer and employee can agree to a different time.

For example, suppose an employee works 7:00 a.m. to 7:00 p.m. Starting the shift two hours late would give them 7:00 to 9:00 a.m. to vote. Leaving two hours early would give them 5:00 to 8:00 p.m., which is more time, so the end of the shift is generally the right choice. Documenting the agreed timing in writing helps prevent misunderstandings.

Do Employees Have to Give Advance Notice?

Yes. If an employee knows on the third working day before the election that they will need time off to vote, they must give the employer at least two working days' notice.

Employers should communicate this deadline early. A short reminder to staff in mid-October gives managers enough lead time to plan coverage, especially for shift-based or customer-facing teams.

What Notice Must Employers Post Before November 3?

This is the requirement employers miss most often. Under Elections Code Section 14001, employers must post a notice explaining employees' voting-leave rights at least 10 days before every statewide election. For the November 3, 2026 election, the notice should be up no later than Saturday, October 24, 2026.

The notice must be posted in a conspicuous place at the workplace, or somewhere employees can see it as they arrive or leave. The California Secretary of State publishes a ready-to-use "Time Off to Vote" notice. Employers with remote workers should also send the notice electronically, for example by email or on the company intranet, so everyone receives it.

Does Mail-In Voting Change the Rules?

Not in a way employers should rely on. Every active registered voter in California now receives a vote-by-mail ballot, and early voting options are widely available. Some employers therefore assume the time-off rule no longer matters.

The statute has not been amended to create a mail-ballot exception, and nothing in it says an employer may deny leave because an employee could have voted by mail. The safer approach is to approve reasonable requests that meet the statutory conditions, rather than asking employees why they chose to vote in person.

Can Employers Discipline Employees for Taking Time Off to Vote?

No. An employer should never discipline, threaten, or retaliate against an employee for requesting or taking voting leave. Separately, California Labor Code Sections 1101 and 1102 prohibit employers from controlling or directing employees' political activities. They also bar employers from coercing employees through threats of discharge to adopt or refrain from any political action.

Managers should also avoid commenting on candidates or ballot measures when they handle leave requests. A neutral, procedural response protects both the employee and the company.

What About Employees in Other States?

There is no federal law requiring private employers to provide time off to vote, so the rules come from state law, and they vary widely. Some states require paid leave, some require only unpaid leave, and some have no requirement at all. Notice and posting rules also differ. New York, for instance, requires up to two hours of paid time off in qualifying circumstances and has its own advance-posting requirement.

For companies with teams in several states, the practical answer is to review each state's rule, or to adopt a company-wide policy that meets the most protective standard that applies to your workforce.

What Should Employers Do Before Election Day?

Start with the posting deadline: put up the voting-leave notice by October 24, 2026, and send it to remote staff. Next, remind managers of the two-hour paid rule, the shift-timing rule, and the two-working-day notice requirement. Confirm with payroll that approved voting time will be paid correctly. Finally, if your handbook doesn't already include a voting-leave policy, this is a good time to add one that covers every state where you have employees.

Need Help Reviewing Your Election Day Policies?

Voting-leave rules look simple, but posting failures, inconsistent manager decisions, and multi-state workforces can create real compliance risk. ILS advises employers across California and nationwide on wage-and-hour compliance, handbook policies, and workplace notices. Contact our employment team to review your policies before November 3.

Disclaimer: The materials provided on this website are for general informational purposes only and do not, and are not intended to, constitute legal advice. You should not act or refrain from acting based on any information provided here. Please consult with your own legal counsel regarding your specific situation and legal questions.

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As Managing Partner at ILS, Richard Liu ranks among the leading U.S. attorneys in corporate, employment, and regulatory law. He is known for crafting legal strategies aligned with clients’ business objectives and advising Fortune 500 companies, startups, and executives on corporate transactions, financing, privacy, and employment matters across the technology, healthcare, and financial sectors.

Before founding ILS, Richard practiced at top defense firms, where he developed a reputation for anticipating risks and designing strategies that balance protection with growth. He has secured favorable outcomes in contract and intellectual property disputes, represented clients in state and federal courts, and is recognized for combining large-firm expertise with boutique-firm agility. Richard is also a frequent speaker at industry and legal conferences.

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