State of California

  M E M O R A N D U M

  REFERENCE CODE:
  2003-036

  DATE:
  September 26, 2003

  TO:
  Personnel Officers
  Employee Relations Officers
  Personnel Transactions Supervisors

  FROM:
  Department of Personnel Administration
  Policy and Operations Division

  SUBJECT:
  Time Off for Voting on Election Day

  CONTACT:
  Clarice Pace, Analyst
  (916) 324-9381
  FAX: (916) 927-1886
  Email: ClaricePace@dpa.ca.gov


  This memorandum advises State departments of the policy regarding paid 
  time off to vote in the forthcoming statewide election.  This 
  provision is governed by California Election Code Section 14000 
  and 14001.
  
  SECTION 14000.  EMPLOYEE'S TIME OFF TO VOTE
  
  If a voter does not have sufficient time outside of working hours to 
  vote at a statewide election, the voter may, without loss of pay, take 
  off enough working time that, when added to the voting time available 
  outside of working hours, will enable the voter to vote.
  
  However, no more than two hours of time taken off for voting shall be 
  without loss of pay.  The time off for voting shall be only at the 
  beginning or the end of the regular working shift, whichever allows 
  the most free time for voting and the least time off from the regular 
  working shift, unless otherwise mutually agreed.
  
  If the employee, on the third working day prior to the day of 
  election, knows or has reason to believe that time off will be 
  necessary to be able to vote on election day, the employee shall give 
  the employer at least two working days' notice that time off for 
  voting is desired, in accordance with this section.
  
  SECTION 14001.  EMPLOYERS' NOTICE; POSTING
  
  Not less than ten days before every statewide election, every employer 
  shall keep posted conspicuously at the place of work, if practicable, 
  or elsewhere where it can be seen as employees come or go to their 
  work, a notice setting forth the provisions of Section 14000.
  
  There are several factors concerning these provisions which all 
  departments should note:
  
  1.   Section 14001 requires that notices stating the provisions of 
  Section 14000 be prominently posted at least ten days before every 
  statewide election.
  
  2.   Section 14000 requires that employees be given paid time off to 
  vote only if the employee does not have sufficient time to vote 
  outside of working hours.  Since the polls are normally open from 
  7 a.m. to 8 p.m., in most cases, State employees will be able to vote 
  outside of working hours and thus should not be given paid time off.  
  It is only in special cases, such as when an employee is required to 
  work overtime, the polls are open only for a limited time, or some 
  other equally good reason that State employees would need to be given 
  paid time off to vote.  Departments should realize, however, that when 
  a good reason does exist, an employee is entitled by law to paid time 
  off to vote.
  
  3.   Employees can be given as much time as needed to vote, but only a 
  maximum of two hours is paid.
  
  4.   Time off to vote should be given at the beginning or end of a 
  work shift.
  
  5.   Employees are normally required to give a department two days' 
  notice if they want time off to vote.
  
  It will be up to each department to meet the requirements of Election 
  Code Section 14000 and 14001 by posting the necessary notices and 
  determining which, if any, employees need to have time off to vote.  
  Voting notices are available at the Secretary of State's Office.  If 
  you have any questions or would like to obtain a copy of a voting 
  notice, please contact the Secretary of State's Office at 
  (916) 657-2166 or CALNET 437-2166.
  
  If personnel office staff have any questions regarding this 
  memorandum, please contact your designated departmental Personnel 
  Services Specialist within the Policy and Operations Division at the 
  Department of Personnel Administration.  Individual employee questions 
  should be directed to the department's personnel office.
  
  
  
  
  Bob Painter, Chief
  Policy and Operations Division