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ELECTION LEAVE


This information is intended to be a summary of laws and regulations applying to California employers. It should not be construed as legal advice. If further information is needed, please contact your labor attorney.

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Federal

Condition

California

No.

Required?

Yes in statewide elections if work schedule will prevent employee from voting on their own time.

(Cal. Elec. Code Sec 1655)

Paid/Unpaid?

Paid on election day for voting time if requested two days in advance as required.

Unpaid if advance notice not given.

Election officer service is unpaid time off.

Reasons for leave?

Time off to vote in statewide elections or to serve as an election officer.

Duration?

Up to 2 hours for voting. All day, if required, for election officers.

Guaranteed return to work?

Yes. Discipline or discharge prohibited for participation or request for these activities.

Guaranteed job assignment?

Yes.

Employer verification?

Ballot stub for voting time. No verification provisions for election officers.

Penalties for failure to comply?

State court action. Labor Commissioner can order pay for time off.

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