Voting Leave Requirements in California

Short answer At a statewide election, a California voter who lacks sufficient time outside working hours may take enough working time to vote, with no more than two hours paid. Unless the employee and employer agree otherwise, leave must be at the beginning or end of the shift in the way that creates the most free voting time and least work absence. An employee who knows by the third working day before the election that leave is needed must give at least two working days' notice, and the employer must post the statutory notice at least 10 days before the election.
State
California
Statute checked
July 13, 2026
Sources
3 statutes

At a glance

Governing lawCal. Elec. Code §§ 14000-14002
Eligible workers and electionsA voter employed by a private employer or public agency who needs working time to vote at a statewide election (§§ 14000(a), 14002)
Outside-work-hours testLeave applies only when voter lacks sufficient time outside working hours to vote; statute sets no fixed safe-window hour count (§ 14000(a))
Time-off amountEnough working time that, combined with available outside-work time, enables voting; only first 2 hours carry statutory pay protection (§ 14000(a)-(b))
Paid or unpaidUp to 2 hours without loss of pay; statute does not require pay for additional voting time (§ 14000(a)-(b))
When leave is takenBeginning or end of regular shift, whichever creates most free voting time and least work absence, unless employer and employee mutually agree otherwise (§ 14000(b))
Employee notice and employer postingIf need is known or reasonably known on third working day before election, employee gives at least 2 working days' notice. Employer posts § 14000 notice at least 10 days before every statewide election (§§ 14000(c), 14001)
Protection and penaltiesStatutory paid portion must be without loss of pay. §§ 14000-14002 state no separate anti-retaliation language, civil damages, administrative fine, or criminal penalty for denial or posting failure

Eligibility depends on the work schedule

Section 14000 does not create two paid hours for every employee at every election. It applies when a voter lacks sufficient time outside working hours to vote at a statewide election. The employee may then take enough working time that, added to the voting time available outside work, enables the employee to vote.

For example, if the available nonworking period is not sufficient but adding one hour from the shift makes voting possible, the statute authorizes that one working hour. If more working time is genuinely needed, the leave can be longer, but the statutory pay protection remains capped at two hours.

Up to two hours are paid

The statute says the qualifying voter may take time “without loss of pay,” but then limits that protection: no more than two hours of voting leave must be without loss of pay. It does not require the employer to pay an additional portion beyond two hours.

Sections 14000 through 14002 apply to private-industry employers and employees as well as public agencies and their employees. The private-sector rule is the focus here.

The default window is at a shift edge

Unless the parties mutually agree to another arrangement, voting leave must be at the beginning or end of the regular shift. The statutory choice is the edge that produces the most free time for voting and the least time away from the shift.

That rule is more specific than simply letting the employer choose any time of day. A different window is permitted when the employer and employee mutually agree.

Employee notice and employer posting

If, on the third working day before the election, the employee knows or has reason to believe working time will be needed to vote on election day, the employee must give at least two working days' notice that voting time is desired.

The employer has a separate posting duty. At least 10 days before every statewide election, the employer must conspicuously post a notice setting out § 14000 at the workplace, if practicable, or where employees can see it as they enter or leave work.

What trips people up

The two-hour figure is a pay cap, not necessarily the total leave cap. The amount of leave is the working time actually needed to make voting possible; only up to two hours must be paid.

The law is also election-specific. Section 14000 says “statewide election,” so this page does not turn the rule into a mandate for every local-only election.

Common questions

Does every California employee receive two paid hours to vote?

No. The right applies only when the voter lacks sufficient time outside working hours to vote at a statewide election.

Can voting leave exceed two hours?

Yes, if enough additional working time is needed to enable voting. The statute requires no loss of pay for no more than two hours.

Who chooses when the leave occurs?

The default is the beginning or end of the shift, using the edge that creates the most free voting time and least work absence. The parties may mutually agree otherwise.

What must the employer post?

A notice setting out § 14000, posted conspicuously at least 10 days before every statewide election.

Statutes and sources

  • Cal. Elec. Code § 14000(a)-(c): eligibility, amount, paid cap, shift-edge timing, and employee notice — official text (accessed July 13, 2026).
  • Cal. Elec. Code § 14001: employer posting duty — official text (accessed July 13, 2026).
  • Cal. Elec. Code § 14002: public- and private-sector coverage — official text (accessed July 13, 2026).

Source links

Every statute quoted above, linked, with the date we checked it.

Cal. Elec. Code § 14000(a)-(c) · accessed 2026-07-13
Cal. Elec. Code § 14001 · accessed 2026-07-13
Cal. Elec. Code § 14002 · accessed 2026-07-13
This page is general legal information about state-law workplace rights for an employee who needs time away from scheduled work to cast a ballot, not legal advice about voter eligibility, polling hours, an employment dispute, or a particular election. The election type, voting day, poll schedule, employee notice, work shift, employer coverage, and available nonworking time can change the result. Separate rules govern voter registration, mail voting, election officials, poll workers, campaigns, public employees, and local ordinances. Verified against the official statute text on the date shown; confirm current law or consult the election authority, labor agency, or a licensed attorney before relying on it.

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