Introduction
With Ontario’s provincial election approaching, employers should be aware of their obligations when it comes to allowing employees time off to vote. The Election Act, R.S.O. 1990, c. E.6 (“Elections Act”) provides clear rules to ensure employees have sufficient time to cast their ballots while balancing their work responsibilities.
This post outlines employee rights to voting leave, employer obligations, and key considerations for businesses in Ontario.
Employee Rights to Time Off for Voting
Under Ontario’s Elections Act, every eligible voter is entitled to three consecutive hours during voting hours to cast their ballot. Subject to some exceptions, an employee is generally entitled to vote if they are a Canadian citizen, are at least 18 years of age, and are a resident of Ontario.
If an employee’s work schedule does not provide them with a three-hour window to vote, their employer must grant them enough time off to meet this requirement.
How It Works in Practice
- Voting hours in an Ontario provincial election are 9:00 a.m. to 9:00 p.m. (Eastern Time).
- If an employee’s work schedule already allows for a three-hour window to vote (before or after their shift), the employer does not have to provide additional time off.
- If an employee’s shift makes it impossible to have three consecutive hours free during voting hours, the employer must provide paid time off to ensure compliance.
- The employer can decide when the time off is taken.
Examples in Practice
No Additional Time Off Required
- An employee working 7:00 a.m. to 3:00 p.m. already has six hours (3:00 p.m. to 9:00 p.m.) to vote after work. The employer does not need to provide additional time off.
Time Off Required
- An employee working from 11:00 a.m. to 7:00 p.m. does not have a three-hour window before or after work. The employer must adjust the schedule—for example, by allowing the employee to leave early at 6:00 p.m. with pay.
Implications for Employers
Compliance with the Law
Employers must ensure they are compliant with the Elections Act by granting employees the necessary time off. Failure to do so could result in penalties.
No Penalties or Deductions
Employers cannot penalize or deduct pay for the time off provided for voting. The time off must be paid.
Proactive Scheduling
To minimize disruptions, employers can plan by adjusting shifts or encouraging employees to vote during non-working hours if possible.
Federal vs. Provincial Elections
While the rules are similar for federal elections, employers should be mindful of slight differences. For example, voting hours in a federal election may differ drastically depending on the time zone.
Final Thoughts
With the Ontario election approaching, businesses should review employee schedules to ensure compliance with voting leave requirements. Employers who plan ahead can avoid disruptions while respecting employees’ rights.
If you have questions about managing voting leave or other employment law matters, our firm can help. Feel free to reach out to us for guidance.
