“If you’re supposed to work an eight-hour shift, and you spend two of those hours voting on Election Day and six of them working, your pay stubs should reflect eight hours of paid work [for that day],” she said.
Also, figure out with your boss ahead of time when during the day is best to go vote. State law specifies that the hours you take off should be at the beginning or end of your regular work shift, whichever option gives you more time to vote and takes less time from your shift. You can ask for time in the middle of the day, but your employer is not required to give you that specific block of time.
Polls are open statewide on Nov. 5 for Election Day from 7 a.m. to 8 p.m., and you can find your polling place using California’s Find Your Polling Place tool. Keep in mind that Bay Area counties have different rules about where you can cast your ballot. Voters registered in Contra Costa, San Francisco and Solano counties are assigned to a specific location for in-person voting. Voters in Alameda, Marin, Napa, San Mateo, Santa Clara and Sonoma counties can cast their ballots at any voting center in the county.
Your travel time can be included in your time off to vote — it just might not be paid
What if where you work is quite far from where you need to vote, and you may need more than two hours to go vote and come back?
“After two hours, your employer is not required to pay you for that time,” Stonesifer said. A worker can still take the time they need to finish voting, she adds, “but they just won’t be paid after the two hours.”
If the two-hour mark is approaching and you’re still in line waiting to vote, another option is to return to the polling place once your shift is done if it ends before 8 p.m. Remember that polling stations in California are open till 8 p.m. and if you’re still in line when the clock strikes 8 p.m., Stonesifer recommends that voters “should stay in line, because they have the right to vote if they’re in line when polls close, however long that line is.”
Remember that voting by mail is still an option
If you’re reading this ahead of Nov. 5, and you already know that your schedule will be packed with work and personal stuff, another option is to fill out the ballot you automatically received in the mail during your free time before Election Day and return it in the mail — to make sure you don’t miss the opportunity to vote.
Mail-in ballots can be returned through USPS (the return postage is already paid) or dropped off at a voting location or in a county ballot box. Keep in mind that USPS must postmark your ballot envelope by the end of Election Day for your vote to count, so avoid using a USPS collection box that’s already had its last collection for the day on Nov. 5 — many boxes have their last collection at 5 p.m.
We have more tips on how to vote by mail in the FAQ section of KQED’s Voter Guide.
I spoke to my boss and they rejected my request for time off to vote. What now?
If you are eligible to vote in California and asked your employer for time to go and vote on Nov. 5, at least two working days in advance, and they rejected your request, they could be in violation of the law.
If an employer threatens a worker for making this request, the ACLU’s Stonesifer said this “would be a violation of that person’s voting rights — that is not legal to do.”
Your employer might not be familiar with the state’s voting laws, so consider sharing the Secretary of State’s Notice To Employers Regarding Employee Time Off For Voting (PDF) when discussing the request. This document confirms that California law protects the right of voters to take time off from work to vote in person on Election Day and that employers are required to respect this right. State law also requires all employers to post this notice somewhere in the workplace.
One more thing your boss is not allowed to do: Employers cannot require workers to bring or complete their vote-by-mail ballots at work. That is, your boss cannot tell you to “just bring in your ballot on Nov. 5 and complete it during your shift” as an alternative to giving you time off.
“That’s prohibited under state law because, obviously, that could open up opportunities for influencing people’s votes unfairly,” Stonesifer said. “People have the right to vote with their vote-by-mail ballot if they choose, or they can go and vote in person if they prefer or need to. And it’s not up to the employer to influence that decision in any way.” (Read KQED’s guide on how to keep your voting choices private.)
If you’re still having trouble with your employer, you have a few options:
- Call the Secretary of State’s Voter Hotline at 800-345-VOTE (8683). You can discuss your specific situation or request more information on how to talk to your employer about voting rights.
- Contact the ACLU of Northern California at 415-621-2488 or submit an online form.
- Contact the Lawyers’ Committee for Civil Rights Under Law at their Election Protection hotline: 866-OUR-VOTE.
But remember: It’s a lot easier to get support for your situation ahead of time than on Nov. 5 itself, as both the Secretary of State and legal aid groups will be a lot busier that day. This is yet another reason to make a plan for voting — and talk to your employer about Election Day — as soon as possible.
This guide includes reporting from KQED’s Carly Severn.
