Ontario 2025 election: employee voting rights and employer obligations

On February 27, 2025, Ontario voters will head to the polls for the next provincial election. In preparation, both employees and employers should familiarize themselves with their rights and obligations regarding employee time off to vote under the Ontario Election Act. 

Time off to vote

Under the Election Act, employees who are eligible to vote are entitled to three consecutive hours off from work during voting hours to cast their ballot. For the 2025 Ontario election, the polls will be open on election day from 9 am to 9 pm (Eastern Time).

If an employee is not scheduled to work on election day, or if their work schedule already provides for at least three consecutive hours off from work during voting hours, the employer is not required to provide the employee with time off to vote.

If an employee’s work schedule does not allow for three consecutive hours off from work, the employee may request additional time off to vote. If the employee makes such a request, the employer is obligated to provide paid time off to vote to meet the three consecutive hours requirement. The employer can determine when in the day to provide that time off to vote. The employer is only obligated to compensate the employee for the time taken off work to vote, and not any time within the three consecutive hours that falls outside of the employee’s regular work schedule.

For example:

• If an employee is scheduled to work from 9 am to 5 pm, this employee already has three consecutive hours off from work to vote and would not be entitled to any paid time off.
• If an employee is scheduled to work from 11 am to 7 pm, the employer must provide time off to vote if requested. The employer can choose when to provide the employee this time off to vote. The employer can choose to allow the employee to start work later (e.g., at 12 pm) or finish earlier (e.g., at 6 pm). In this scenario, the employee would still be paid for their full shift (which would include the one hour taken off work to vote).

If an employee receives paid time off to vote, the employer is prohibited from deducting pay or penalizing the employee. This applies even to employees paid on a piece-work basis. Such employees must receive the full amount they would have earned had they worked the full day, without any deduction for the time taken off to vote.

Employers cannot penalize employees for requesting time off to vote or require proof of voting.

Working at an election

Employees serving as a returning officer or appointed poll official are entitled to unpaid leave under the Election Act provided that they give the employer at least seven days’ notice before the leave begins. This unpaid leave is not to be deducted from an employee’s vacation entitlement. Employers cannot penalize employees for exercising their right to take this leave.

Penalties

Employers who interfere with or prevent employees from voting may be found guilty of an offence under the Act. If convicted, employers will be liable to a fine of up to $5,000.

If a judge finds that the employer committed the offence knowingly, the employer may be found guilty of a corrupt practice. If found guilty of a corrupt practice, the employer may be liable for a fine of up to $25,000 and/or imprisonment for a term of not more than two years less a day.

If you have any questions about employee voting rights and employer obligations in Ontario, do not hesitate to contact Matthew Demeo, or any lawyer in our Ontario Employment and Labour Law Group.