Employer Responsibilities on Voting Day

As Ontario prepares for the upcoming provincial election on February 27th, it is essential for employers to understand their legal obligations regarding employee voting rights. Ensuring that employees have the opportunity to vote without impacting their wages is not just a legal requirement; it’s also a vital part of supporting civic participation. Here’s what you need to know about your obligations as an employer during the election.

Employee Voting Rights

Under the Ontario Election Act, every eligible voter is entitled to take three consecutive hours during polling hours to cast their vote. This time off is guaranteed without any deduction from the employee’s wages.

Employer Obligations

As an employer, you are required to provide your employees with sufficient time to vote if their work schedule does not already allow for a three-hour period during polling hours. Here’s a breakdown of the key obligations:

1. Polling Hours: In Ontario, the polls are open from 9:00 AM to 9:00 PM (Eastern Time).
2. Providing Time Off: If an employee’s work schedule conflicts with the three-hour consecutive voting period, you must adjust their schedule to ensure they have enough time to vote.
3. No Wage Deduction: Employers are prohibited from deducting wages or penalizing employees for taking time off to vote.
4. Employer’s Right to Determine Timing: Employers retain the right to determine when during the workday an employee may take time off to vote, as long as it ensures a three-hour consecutive voting period.

Examples of Employer Obligations

Scenario 1: If an employee’s shift is from 9:00 AM to 5:00 PM, they already have three consecutive hours after their shift (5:00 PM to 8:00 PM) to vote. In this case, no additional time off is required.

Scenario 2: If an employee’s shift is from 12:00 PM to 8:00 PM, they do not have a three-hour consecutive window before or after their shift to vote. In this situation, the employer must adjust the work schedule to allow for a three-hour period during polling hours (e.g., adjust the shift to start earlier or end later to accommodate voting time).

Conclusion

As an employer, it is your responsibility to ensure that your employees have the time they need to participate in the upcoming provincial election without any penalty to their wages. Ensuring compliance with these obligations not only fulfills your legal duty but also supports your employees’ right to engage in the democratic process.

At Harbr HR, we are committed to helping employers navigate these responsibilities and ensure that your workplace is compliant. If you need assistance in understanding or implementing these requirements, don’t hesitate to contact us.