Elections Act allows employees time for voting
The upcoming Canadian federal election is on Monday, October 21, 2019. Voting hours are from 9:30 a.m. to 9:30 p.m.
3 Consecutive Hours Free from Work
Pursuant to the Canada Elections Act, all employees who are eligible to vote are entitled to have 3 consecutive hours free from work during the voting period for the purpose of casting their vote.
Should an employee’s scheduled hours of work on Monday, October 21, 2019, not allow for 3 consecutive hours free from work (between 9:30 a.m. and 9:30 p.m.), the employee may ask their supervisor to grant time off from scheduled hours during this period, for the purpose of voting, as may be necessary to provide 3 consecutive hours. The supervisor must grant such a request and can, to the extent possible, schedule time that meets the request as most operationally convenient.
No Loss of Pay
If it is necessary to provide time off from scheduled hours for the purpose of voting, there can be no deduction from the pay the employee would have received had they worked the scheduled hours and not taken the time off.
Example 1
The employee is scheduled to work from 10 a.m. to 6 p.m. In this example, the employee has 3 consecutive hours free from work during voting hours for the purpose of voting – specifically, 6 p.m. to 9 p.m. Therefore, the supervisor is not obligated to grant a request from the employee for time off from scheduled hours or a change to their scheduled hours. Subject to the terms of an applicable collective agreement, a supervisor may have an obligation to consider and/or grant a “flex time” request.
Example 2
The employee is scheduled to work from 11 a.m. to 7 p.m. In this example, the employee has a maximum of 2.5 consecutive hours free from work during voting hours for the purpose of voting- specifically, 7:00 p.m. to 9:30 p.m., and only 1.5 hours from 9:30 a.m. – 11:00 a.m. Therefore, the supervisor must grant a request from the employee for time off from scheduled hours so that the employee has 3 consecutive hours free from work during voting hours, for the purpose of voting. Subject to operational requirements, the supervisor could grant the request such that the employee works:
- 11:00 a.m. to 6:30 p.m.; or
- 12:30 p.m. to 7:00 p.m.; or
- 11:00 a.m. to 1:00 p.m. and 4:00 p.m. to 7:00 p.m.; or
- Any other arrangement agreeable to the employee that results in 3 consecutive hours free from work between 9:30 a.m. and 9:30 p.m.
For more information, please contact Employee/Labour Relations.
Visit the Elections Canada Voter Information website for more information about voting.
