Politics at Work: What BC Employers Need to Know This Election Season

With both municipal and provincial elections on the calendar in BC this October, politics will inevitably spill into the workplace.

For employers, election season can raise issues that do not come up very often, from an employee’s right to time off to vote to the protection of political beliefs under BC’s Human Rights Code. The rules also differ depending on whether it is a provincial or municipal election.

Here is what BC employers need to know before voters head to the polls.

Do Employees Get Time Off Work to Vote in a BC Provincial Election?

Sometimes.

Under BC’s Election Act, employees who are entitled to vote must have four consecutive hours free from employment during voting hours.

That does not mean everyone gets four paid hours off on election day.

Voting will be open from 8:00 am to 8:00 pm on Saturday, October 24th so if your employee is off that day or finishes work at 4:00 pm, they already have their four hours and nothing further is required.

If they normally work until 5:00 pm, you may need to let them leave at 4:00 pm or start later so they have the required four-hour window.

The employer gets to decide when the time off is provided. So the employee cannot simply pick four hours in the middle of their shift and announce they are going voting. But if you do need to give them time away from work to meet the requirement, you cannot deduct their pay or otherwise penalize them for it.

There are also rules that allow the required time to vote to be provided during advance voting in certain circumstances, so it is worth looking at the employee’s actual schedule before assuming election day itself is the issue.

Do Employees Get Time Off Work to Vote in a BC Municipal Election?

Not under the provincial Election Act.

The four-hour rule above applies exclusively to provincial elections (for federal it’s actually three hours). So there is no automatic entitlement for employees to receive time off for voting for their mayor, councillors or school trustees (and park board if you’re in Vancouver).

Of course, employers can still provide some flexibility so employees can vote, and an employment agreement, collective agreement or workplace policy may provide something more.

What If I Give an Employee Time Off to Vote and They Don’t Vote?

The time off is provided for the purpose of giving the employee an opportunity to vote. That does not mean an employer should be checking ballots or asking employees to prove how they voted (or whether they voted at all).

However, if an employee asks for paid time away from work on the basis that it is required for voting and then uses that time for something entirely unrelated, that may raise the same honesty and trust issues as any other misuse of paid working time.

As with most workplace misconduct, the facts matter. Employers should be cautious about jumping to conclusions and should investigate before taking disciplinary action.

Can We Talk About Politics at Work?

Yes. There is no general prohibition on talking about politics at work. Employees are allowed to have different political views and to disagree with each other.

Employers should remember, however, that political belief is protected under BC’s Human Rights Code. An employee’s political views should not factor into decisions about hiring, termination, promotion, compensation or other terms of employment. That remains true if an employee volunteers for a candidate, puts up a lawn sign or posts political content on their personal social media.

Employers can still manage what happens at work. Reasonable rules around campaigning during work hours, using company resources, political discussions with clients and respectful workplace conduct can still be enforced. The key is to apply those rules consistently, regardless of the political views involved.

What If My Employee Is Running for Office?

For a provincial election, an employee who becomes a candidate can request full-time or part-time unpaid leave from work. The Election Act also provides protections relating to their employment while they are on that leave.

Different rules apply to certain municipal and regional district employees running for local office, including requirements to take a leave while running and, if elected, to resign from their employment before taking office.

If an employee tells you they are running, check which rules apply before treating it as an ordinary leave request.

Where Can Employees Vote?

For the provincial election, voters have considerable flexibility and can vote at voting places throughout the province, including during advance voting. This means you can vote at a location close to your workplace, even if you live in a different community.

Municipal elections are different. Voting opportunities are set by each local government and can vary considerably. For example, Abbotsford and the Township of Langley offer multiple voting locations, while Langley City’s in-person voting is at Timms Community Centre. Advance voting is available in all three communities.

Employees should check with their local municipality for voting dates, locations and other options available to them.

In the last BC provincial election, 58.45% of registered voters cast a ballot. Turnout in the last municipal elections was lower: 23.62% in Abbotsford and 26.45% in the Township of Langley. Whatever your politics, knowing the rules and the voting options available can help make sure work does not get in the way of anyone casting their ballot.

If you have questions about your obligations as an employer during election season, our Employment Law team can help.