ELECTION DAY AND YOUR OBLIGATIONS TO YOUR EMPLOYEES
OCTOBER 2015 | AUTHOR: NAV BHANDAL
Election Day is fast approaching (October 19th to be exact). Voting times are as follows (all times local):
Newfoundland Time: 8:30 am to 8:30 pm
Atlantic Time: 8:30 am to 8:30 pm
Eastern Time: 9:30 am to 9:30 pm
Central Time: 8:30 am to 8:30 pm
Mountain Time: 7:30 am to 7:30 pm
Pacific Time: 7:00 am to 7:00 pm
Despite the frequency of our elections (especially when you also consider provincial and municipal elections), many employers are unsure about their obligations. Here is a timely reminder.
Employees who are eligible to vote are entitled to 3 consecutive hours to cast their vote. For those employees whose scheduled hours of work prevent them from having 3 consecutive hours off, employers must amend their schedule accordingly. The only exception to this requirement is for employers in the transportation industry, provided certain preconditions are met.
Here are a few scenarios to illustrate how this works in the Eastern Time Zone:
Scenario 1: Employee’s schedule is 10:00 am to 6:00 pm. Since this employee will not have 3 consecutive hours off work within the designated voting times, his/her employer needs to amend their schedule to accommodate. The employer can unilaterally choose how to amend. Examples include changing the schedule to 12:30 pm to 8:30 pm, or 9:30 am to 5:30 pm.
Scenario 2: Employee’s schedule is 9:00 am to 5:00 pm. Since this employee will already have 4.5 consecutive hours off work to vote, the employer does not have to make any further accommodations.
In scenarios where employers choose to give employees time off during their workday to vote, employees must be paid for the time off. Employers who unlawfully deduct pay from wages are subject to fines and/or imprisonment.
If you have any questions about your employment obligations during the upcoming election, please contact us.
If you have any questions relating to any of the above, please do not hesitate to contact Nav Bhandal at nbhandal@kmblaw.com or 905.276.0408.
Newfoundland Time: 8:30 am to 8:30 pm
Atlantic Time: 8:30 am to 8:30 pm
Eastern Time: 9:30 am to 9:30 pm
Central Time: 8:30 am to 8:30 pm
Mountain Time: 7:30 am to 7:30 pm
Pacific Time: 7:00 am to 7:00 pm
Despite the frequency of our elections (especially when you also consider provincial and municipal elections), many employers are unsure about their obligations. Here is a timely reminder.
Employees who are eligible to vote are entitled to 3 consecutive hours to cast their vote. For those employees whose scheduled hours of work prevent them from having 3 consecutive hours off, employers must amend their schedule accordingly. The only exception to this requirement is for employers in the transportation industry, provided certain preconditions are met.
Here are a few scenarios to illustrate how this works in the Eastern Time Zone:
Scenario 1: Employee’s schedule is 10:00 am to 6:00 pm. Since this employee will not have 3 consecutive hours off work within the designated voting times, his/her employer needs to amend their schedule to accommodate. The employer can unilaterally choose how to amend. Examples include changing the schedule to 12:30 pm to 8:30 pm, or 9:30 am to 5:30 pm.
Scenario 2: Employee’s schedule is 9:00 am to 5:00 pm. Since this employee will already have 4.5 consecutive hours off work to vote, the employer does not have to make any further accommodations.
In scenarios where employers choose to give employees time off during their workday to vote, employees must be paid for the time off. Employers who unlawfully deduct pay from wages are subject to fines and/or imprisonment.
If you have any questions about your employment obligations during the upcoming election, please contact us.
If you have any questions relating to any of the above, please do not hesitate to contact Nav Bhandal at nbhandal@kmblaw.com or 905.276.0408.
This article is provided for general information purposes and should not be considered a legal opinion. Clients are advised to obtain legal advice on their specific situations.
