Hicks Morely on the myth of taking time off work to vote

One of the great canards at big companies is the myth that employees are entitled to four hours off work during the day to vote. You may have heard the lines: “I’ll be late today, going to vote.” and “I’m leaving at 3 p.m. to vote”.

Here is, once and for all, a note from Hicks Morley LLP regarding an employers’ legal obligation on October 14th:

A federal election has been called for October 14, 2008. Under the Canada Elections Act, all employees who are electors – Canadian citizens who are 18 years of age or older as of the date of the election – are entitled to 3 consecutive hours on election day, during voting hours, to cast their votes. For Ontario employers located in the Eastern time zone, voting hours run from 9:30 a.m. to 9:30 p.m. For Ontario employers located in the Central time zone, voting hours run from 8:30 a.m. to 8:30 p.m.

Where an employee’s hours of work prevent him or her from having the 3 consecutive voting hours required by the Act, the employer “shall allow the time for voting that is necessary to provide those three consecutive hours”. The time off is paid. Where an employee has 3 consecutive hours that fall within the voting hours, but fall outside of his or her work hours, there is no obligation to provide paid time off from work.

Not to rain on anyone’s party, but this means that every employee in the Eastern Time Zone whose shift ends by 6:30 p.m. is in the clear.

MRM