Ontario Election 2025: Employer Obligations on Election Day

  • Employer advice
Ontario Election 2025: Employer Obligations on Election Day
Charlie Herrera Vacaflor

Charlie Herrera Vacaflor, Employment Law & HR Content Senior Consultant

(Last updated )

On February 27, 2025, Ontarians will head to the poll to cast their ballot in the 44th provincial general election. This blog provides employers in Ontario with the established legal framework for managing workplace voting rights.  

What are employer obligations on election day? 

Employers in Ontario must provide employees with three (3) consecutive hours to vote while polls are open (typically 9AM to 9PM). This time off period must be paid, and employers cannot make any deductions or impose penalties for employees exercising their voting rights (Ontario Elections Act, 1990). 

Who can vote in Ontario? 

Eligible voters in Ontario must be: 

  • 18 years of age or older; 
  • Citizens of Canada; and 
  • Residents of Ontario. 

What are scheduling best practices to mitigate a drop in productivity on election day? 

Employers have a right to determine when employees take time off to vote. Thus, employee time off can be scheduled at the employer’s convenience.  

For example, if the hours of employment of an employee are 9AM to 5PM, and the polls are open from 9AM to 9PM, such employee would have 3-consecutive hours after work to vote. In this case, you are not obligated to accommodate the employee with time off on election day to vote. 

How can I manage last-minute employee requests for time off to vote? 

When employees request last-minute shift changes to accommodate voting, employers must balance multiple schedule modifications while maintaining operations. As a best HR documentation practice, employers may create a pre-election scheduling template. This would allow employers to identify potential conflicts and prepare alternative coverage plans in advance.  

Does my obligation to provide time off to employees on election day change if they are remote? 

No, you must accommodate staff on election day so that they have 3-consecutive hours free from work to cast their ballot. This obligation must be respected regardless of the employee’s work arrangements (working from home or working from the physical workplace). 

Do I have to give a paid day off to an employee that has been selected as a poll officer? 

An employee in Ontario who has been selected to serve as a returning officer or poll official for a provincial or municipal election is entitled to unpaid time off from work as long as they have requested leave at least seven (7) days before the leave is set to begin (Ontario Elections Act, 1990). This would be considered a job-protected leave. Employees cannot be penalized for exercising their right to work at a polling station on election day. Similarly, employees cannot be required to use any vacation time entitlements to be absent from work.  

How can I manage multiple employee requests for time off to be a poll official on election day? 

You must grant all valid requests, since it is a job-protected leave (Ontario Elections Act, 1990).  

Can I implement a vote by mail mandate to employees in Ontario? 

No. You cannot mandate how an employee chooses to cast their ballot. Employers in Ontario must still provide three (3) consecutive hours for employees to vote during polling hours, regardless of alternative voting methods being available.  

Implementing such a mandate could be regarded as an intimidation against an employee’s right to vote, which would lead to up to $25,000 in fines and possible imprisonment for knowingly preventing employees from voting however they choose. 

What are the consequences for failure to comply with employer obligations under the Ontario Elections Act? 

Employers face serious consequences for violating the Ontario Election Act

  • Fines of up to $5,000 for basic violations. 
  • Up to $25,000 and possible imprisonment for knowingly preventing employees from voting. 

Employers are prohibited from penalizing or deducting pay from employees who take time off to vote on election day. You cannot interfere with an employee’s right to vote through intimidation or undue influence. 

Do you have questions about your obligations as an employer on Ontario’s election day?

Our HR experts are ready to help with 24/7 advice and support. Whether you need assistance with understanding provincial legislation, developing new workplace policies, or updating HR documentation to meet legal compliance, we got you covered. Call today at 1 (833) 247-3652 to learn how our services can help your business stay compliant and protected from risks.

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