With upcoming election in Ontario, legal experts outline PTO rules
In Canada, both federal and provincial/territorial laws ensure employees have sufficient time to vote during elections.
While the Canada Elections Act mandates time off for federal elections, each province and territory has specific regulations for their respective elections.
Under the Canada Elections Act, all eligible voters must have three consecutive hours to cast their vote on election day. If an employee's work schedule doesn't provide this, employers are required to grant the necessary time off without any deduction in pay.
Here’s a breakdown of the amount of time employers in each province and territory are required to provide workers as paid time off (PTO) to allow them to vote, as the Canadian Federation of Independent Business (CFIB) noted:
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Jurisdiction |
Time off for voting |
|---|---|
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Employees are entitled to 3 consecutive hours to vote. If employee’s schedule does not allow for 3 consecutive hours, then the employer must provide the extra hours, with pay. Polls open: 9am-8pm |
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4 consecutive non-work hours. If employee’s schedule does not allow for 4 consecutive hours, then the employer must provide the extra hours, with pay. Polls open: 8am-8pm |
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Employees are entitled to 3 consecutive hours to vote. If an employee’s schedule does not allow for that, the employer must provide the extra time off. Polls open: 8am-8pm |
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Employees entitled to 3 consecutive hours to vote. If an employee’s schedule does not allow for that, the employer must provide the extra time off with pay. Polls open: 10am-8pm |
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Employees are entitled to 4 consecutive hours to vote. If an employee’s schedule does not allow for that, the employer must provide the extra time off with pay. |
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Employees are entitled to 3 consecutive hours to vote. If an employee’s schedule does not allow for that, the employer must provide the extra time off with pay. |
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Employees are entitled to 3 consecutive hours to vote. If an employee’s schedule does not allow for that, the employer must provide the extra time off with pay. |
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Employees are entitled to 2 consecutive hours to vote. If an employee’s schedule does not allow for that, the employer must provide the extra time off with pay. Polls open: 9am-7pm |
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Employees are entitled to 3 consecutive hours to vote. If an employee’s schedule does not allow for that, the employer must provide the extra time off with pay. |
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Employees must have sufficient time to vote, at least 1 hour Polls open: 9am-7pm |
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Employees are entitled to 4 consecutive hours to vote. If an employee’s schedule does not allow for that, the employer must provide the extra time off with pay. |
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Employees are entitled to 3 consecutive hours to vote. If an employee’s schedule does not allow for that, the employer must provide the extra time off with pay. |
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Employees are entitled to 4 consecutive hours to vote. If an employee’s schedule does not allow for that, the employer must provide the extra time off with pay. |
Under Ontario’s Election Act, every employee who is qualified to vote is entitled to three consecutive hours to vote while the polls are open on Feb. 27, 2025, according to a recent blog by Littler’s Knowledge Management Counsel Rhonda B. Levy, Partner George J.A. Vassos and Associate Jordan S. Waltman.
“If an employee’s schedule does not allow for three consecutive hours that fall within voting hours, the employee may request that their employer allow additional time for voting — without loss of pay — as may be necessary to provide those three consecutive hours.”
Employers must grant the employee’s request, but it’s up to them to pick the time of the day that they would allow workers to go out and vote.
“Any time off for voting provided to an employee may be granted at the time of day that is most convenient for the employer,” said the experts from Littler.
“If an employee’s work schedule already allows three consecutive hours free from work while the polls are open, then the employer has no obligation to provide the employee with additional time off work to vote.”
Also, an employer is required to grant an employee unpaid leave to perform their duties under the Election Act (e.g., as a returning officer or a poll official) provided the employee makes the request at least seven days before the leave begins.
“An employer may not dismiss or otherwise penalize an employee because they exercised their right to be granted this leave, which should not be subtracted from their vacation entitlement,” said the Little legal experts.
