Ontario employers: Understanding your legal duty to protect employees’ voting rights

By Olivia Cicchini ·

Law360 Canada (February 3, 2025, 11:38 AM EST) --
Olivia Cicchini
With Ontario’s provincial election fast approaching, employers across the province must be aware of their legal responsibilities to ensure that employees can exercise their right to vote without facing any barriers or penalties.

As Election Day draws near, it’s crucial for employers to be proactive in managing their workforce while upholding employees’ voting rights. Understanding the key provisions of the Ontario Elections Act (1990) can help employers navigate these obligations and avoid any legal repercussions.

Legal requirement to allow time off to vote

Under the Ontario Elections Act, employers are required to provide their employees with at least three consecutive hours during polling hours to cast their vote. Polls are typically open from 9:00 a.m. to 9:00 p.m. on election day, meaning that employers must ensure that employees have a suitable window of time to participate in the election process. This time off must occur during these hours and is protected by law, ensuring that employees do not face penalties or deductions from their pay for choosing to vote.

For businesses that operate during “normal” working hours, typically between 9:00 a.m. and 5:00 p.m., most employees will automatically have the opportunity to vote during the evening, as they will still have three consecutive hours of time when the polls are open. As such, employers in these industries are unlikely to face
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the need to grant additional time off for voting. However, it is important to assess each individual situation to ensure compliance with the law.

Importantly, employers must offer this time off as paid leave, and they are prohibited from deducting wages or penalizing employees who choose to exercise their voting rights. Failure to comply with these legal requirements can result in significant fines for businesses.

Best practices for scheduling and managing requests

To minimize disruptions and ensure that business operations continue smoothly, employers are encouraged to plan ahead by creating pre-election scheduling templates. This proactive approach allows businesses to anticipate any conflicts that may arise and develop strategies to cover shifts and maintain productivity during the election period.

Employers should also be prepared for last-minute requests from employees seeking time off to vote. While it is important to balance business needs with employee rights, employers should be flexible where possible, adjusting schedules as necessary to allow employees to cast their ballots. Communication is key in these situations, and providing clear guidance on the voting time-off policy can help ensure that both employers and employees are on the same page.

For employees who wish to serve as poll officers or election officials, the law mandates that employers provide job-protected leave, provided the employee has given at least seven days’ notice. This leave is unpaid, but employers cannot require employees to use vacation days or other paid leave for this time off. As with other election-related time off, the employee's job must be protected during this absence.

Remote work considerations

With remote work becoming more common in many industries, employers must extend the same voting rights protections to employees working from home as they do to those working in physical offices. Whether an employee is on-site or working remotely, the employer is still obligated to provide at least three consecutive hours off during polling hours to allow the employee to vote in person. This applies to all employees, regardless of their work location.

Vote-by-mail and employer restrictions

While voting by mail is an option for some employees, employers cannot mandate this method for their staff. Employees have the right to choose how they wish to vote, and if they prefer to vote in person, the employer must still provide the legally required time off. Attempting to force employees to vote by mail could be viewed as intimidation, and employers who impose such requirements may face legal consequences. It is important for employers to respect the autonomy of their employees and offer them the freedom to participate in the election process in the way that best suits their individual circumstances.

By ensuring that employees have adequate time to vote and protecting their rights to do so without penalty, employers not only comply with Ontario's legal requirements but also reinforce the values of civic engagement and fairness that are fundamental to a functioning democracy. With the election season approaching, employers are advised to review their policies, plan ahead for scheduling needs, and make sure that employees are aware of their voting rights.

Olivia Cicchini is a human resources and employment law expert at Peninsula Canada, HR consultancy firm.

The opinions expressed are those of the author(s) and do not necessarily reflect the views of the author’s firm, its clients, Law360 Canada, LexisNexis Canada or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.   

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