Advance voting is officially open in the 2024 B.C. Provincial Election, and employers need to prepare for Election Day on October 19, 2024 – to make sure their obligations to employees are met.

Time off to Vote

Employers must allow employees four consecutive hours free from work between 8:00 AM and 8:00 PM  to vote in the Provincial Election on Election Day, October 19, 2024, under British Columbia’s Elections Act.

Absent a reasonable justification such as public or employee safety, an employer must ensure each employee is able to take sufficient time off from their scheduled shift to create a four-hour window between the aforementioned hours on Election Day. Further, an employer cannot deduct pay for any otherwise scheduled hours that the employee takes off.  Employers must not refuse to provide employees with sufficient time off.

The employer can schedule this window at any time they wish, so long as it is consecutive. This includes allowing the employee a 4-hour block starting from 8:00 AM until 12:00 PM, or 4:00 PM until 8:00 PM,  or any other iteration that is most convenient for the employer.

An employer cannot unilaterally alter start or finish times of shifts to avoid giving any paid time off, but is not required to offer any additional time off if the employee already had 4 consecutive hours between 8:00 AM and 8:00 PM off work despite their regularly scheduled shift.

Advance Voting

If an employee’s scheduled shift does not allow for four consecutive hours free from work, the employer may – if the employee agrees – instead provide four consecutive hours free from work during an advance voting day. (Including 8:00 AM until 8:00 PM on October 15 and 16)

Exceptions: Employees Not Entitled to Time Off to Vote

There are two exceptions to the time off obligations outlined above.

Elections officers and individuals employed by the chief or district electoral officer to work on election day are not entitled to time off on Election Day. Individuals working in such remote locations that they would be unable to reasonably reach a polling station during the time off allowed are also not entitled.

If an Employer fails to take time off work, the prescribed penalties are steep. Under the Elections Act, Employers or the responsible individual acting for the employer may be fined up to $10,000, or imprisoned for up to one year.

If you have any questions about employer obligations under the Elections Act, please contact a Mathews Dinsdale Lawyer.