Does My Employer Have to Give Me Time Off to Vote?

With the federal election upcoming on April 28, 2025, employees should be aware of their rights under the Canada Elections Act, SC 2000, c 9 (the “Act”) to have paid time away from work to cast their votes in the federal election, with polls in Ontario open from 9:30 AM to 9:30 PM.

Every employee eligible to vote (over 18 years old and a Canadian citizen) is entitled to three consecutive hours off during voting hours to cast their ballot. Employees are not entitled to additional time off if their regular work schedule already allows for three consecutive hours during the time that the polls are open. However, when an employee does not have three consecutive hours before or after work while the polls are open, the employer must allow the employee to have time away from work to vote. These three hours can be before working hours or after, but it is at the employer’s discretion.

For example, if you work from 9:00 AM to 6:30 PM, the employer does not need to provide time off because the employee has three consecutive hours to vote. However, if you work from 11:30 AM to 7:00 PM on Election Day, your employer must either allow you to start work at 12:30 PM or leave work at 6:30 PM to have three consecutive hours to vote and pay you for the time you are off work.

There is an exception for employees if all the following circumstances exist:

• the employer is a company that transports goods or passengers by land, air or water;
• you are employed in the operation of a means of transportation;
• you are employed outside your polling division; and
• the time off cannot be allowed without interfering with the transportation service.

Employers cannot penalize you for exercising the right to take a leave related to the election or forcing you to use vacation time. Violations of the Act could result in your employer facing fines or even jail time.

Exercising the right to vote is a hallmark of Canadian democracy, and all employees should be able to do so. If you have questions about your right to time off on Election Day, please contact Whitten & Lublin online or by phone (416) 640-2667