As voting centers across British Columbia prepare to open tomorrow morning for advance voting in the upcoming provincial election, employers should take this opportunity to review their obligations to provide employees with time off to vote.
Time off to Vote
Under British Columbia’s Elections Act, employees who are entitled to vote in an election are entitled to have four consecutive hours free from work for voting purposes between 8 a.m. and 8 p.m. on election day: October 19, 2024.
If an employee’s work schedule on October 19, 2024 does not allow for four consecutive hours free from work during voting hours, their employer must allow the employee to take sufficient time off work to create a four-hour window and cannot deduct pay for the otherwise scheduled hours that the employee takes off. Employers must not refuse to provide employees with sufficient time off without reasonable justification, such as public or employee safety.
However, it is the employer’s right to decide when to schedule that time off during the workday. For example, if an employee is scheduled to work from 10 am to 6 pm on October 19, 2024 the employer may choose whether to allow the employee to arrive two hours late, to leave two hours early, or to leave mid-day for 4 hours.
If an employee’s scheduled working hours on October 19, 2024 already include a four-hour window free from work during voting hours, the employer is not required to provide additional time off to vote to that employee.
Advance Voters
In the event that an employee’s work schedule does not allow for four consecutive hours free from work during voting hours on October 19, 2024, and the employee is willing to vote at an advance voting opportunity, the employee is entitled to have four hours free from work to vote during an advance voting day.
If the willing employee’s work schedule does not allow for four consecutive hours free from work on any advance voting day, the employer must allow the willing employee to take time off during advance voting hours.
Advance voting will be open from 8 am to 8 pm on October 10-13, 2024 and October 15-16, 2024 but closed on October 14, 2024 for the Thanksgiving holiday.
Exceptions
There are only two limited exceptions to these time off requirements. Elections officers and individuals employed by the chief or district electoral officer to work on election day are not entitled to take time off that day. Individuals who are employed in such remote locations that they would be unable to reasonably reach any voting place during voting hours are also not entitled to time off to vote.
Employers who fail to provide time off work in accordance with the Elections Act commit an offence and are liable for a fine up to $10,000, imprisonment for up to one year, or both. For this reason, it is a good idea for all British Columbia employers to familiarize themselves with these requirements.
If you have any questions regarding the time off to vote requirements under the Elections Act please contact your Harris lawyer.
