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Employer Obligations on Municipal Election Day

As we get set to go to the polls to vote for our municipal leaders on October 27, 2014, employers should keep in mind their obligations under the Municipal Elections Act, 1996 as they relate to ensuring employees have adequate time off to vote.

Under the Act, employees who are eligible to vote (Canadian citizens, 18 years of age or older who meet residency/property ownership or tenancy requirements) must be given three (3) consecutive hours off of work for the purpose of voting.  This year, voting hours on Election Day will be from 10:00 a.m. to 8:00 p.m.   In circumstances where an employee’s hours of work do not allow for three (3) consecutive hours to vote within the 10:00 a.m. to 8:00 p.m. window, they will be entitled to paid time off of work.  It is important to note that employers cannot make any deductions or impose any penalty on an employee that wishes to vote.   For example, an employer cannot require an employee to take a vacation day or a sick day in order to exercise their right to vote.   The following examples help illustrate an employer’s obligations on Election Day:

1. An 18 year old resident of Brampton normally works from 10:00 a.m. to 6:00 p.m. Her hours of work would not allow her three (3) consecutive hours to vote. To provide the employee with her three (3) consecutive hours the employer could allow her to arrive late (at 1:00 p.m.), let her leave early (at 5:00 p.m.) or give her three (3) hours off at some point during the work day. The employer is entitled to choose any of the above arrangements but no matter the selection the employee will be entitled to the full pay she would regularly receive for her 10:00 a.m. to 6:00 p.m. shift.
2. A 45 year old resident of the City of Toronto is entitled to vote and has voting hours between 10:00 a.m. and 8:00 p.m. If the Toronto resident works from 8:30 a.m. to 4:30 p.m. his hours of work would leave him 3.0 hours after his working day in which he could cast a vote before polls close. Since this worker has at least three (3) consecutive hours outside of work to vote the employer has no obligation to provide him with time off work to vote.

Should an employer impede or interfere with an employee’s right to vote, a fine of up to $50,000 can be imposed. 

While employees are entitled to three consecutive hours off of work, they are not entitled to demand which hours they wish to be away from work.  Employers have the discretion to determine this based on the operational requirements of the workplace.

To avoid being inundated with requests for time off to vote from employees, employers are encouraged to take this into consideration when scheduling their hours of work on October 27, 2014. 

Please contact one of our lawyers at CCP should you have any questions concerning your obligations on Election Day.