Presented by Benjamin M. Ebbing | Fisher Phillips

With Election Day fast approaching, California employers have a key compliance task to address before November 3 – you must post a notice informing employees of their paid-time-off-to-vote rights by October 24. Here’s a quick recap of what you need to know, and four steps you should take to ensure you are in compliance.

Posting Requirement

California state law requires employers to post a “Time Off to Vote” notice at least 10 days before a statewide election. For 2026, this notice must be up by Saturday, October 24. The notice can be displayed in the workplace or in a location visible to employees as they enter or exit the work premises.

You can download a sample notice from the California Secretary of State’s website, and you can also call the Elections Division at (916) 657-2166 to order posters.

Paid Time Off for Voting

California employees are eligible for paid time off to vote if they do not have sufficient time outside of working hours to do so. You should keep in mind the following:

• Poll hours: Polls will be open from 7:00 a.m. to 8:00 p.m. on election day.
• Maximum paid time: Employees may receive up to two hours of paid time off for voting, though they are entitled to take additional unpaid time if necessary.
• Conditions: You can require the time off to be taken at the beginning or end of the employee’s shift.
• Advance notice: You may require employees to provide advance notice if they need time off to vote.

4 Steps to Compliance

To stay compliant, California employers should:

1. Download or order the required notice as soon as possible.
2. Ensure the notice is posted in a visible location by October 24.
3. Inform managers and HR personnel about the company’s time-off policy for voting, including the conditions under which employees are entitled to paid time off.
4. Encourage employees to vote and remind them of their rights in advance of election day.

We will continue to monitor developments related to all aspects of workplace law with a focus on the 2026 elections. Employers with questions regarding this Update may contact the authors of this post or their usual employment law counsel.

Reprinted with permission from Fisher Phillips.