If you are eligible to vote in an Ontario provincial election, you are entitled to three consecutive hours while the polls are open to cast your ballot. Your employer only has to give you time off work if your schedule does not already provide that three-hour voting window.
If additional time is required, your employer must provide enough time to create the three-hour window and can’t deduct your pay or impose a penalty because of the required absence. Your employer can decide when the time off is taken.
You do not automatically get three paid hours away from work. The law guarantees enough time to vote, not an automatic three-hour paid break for every employee.
On This Page:
- 1. How Much Time Do You Get to Vote?
- 2. When Must Your Employer Give You Time Off?
- 3. Is Time Off to Vote Paid?
- 4. Who Chooses When You Leave Work?
- 5. Provincial, Municipal and Federal Elections
- 6. What If Your Employer Refuses or Penalizes You?
- 7. What Employees Should Do
How Much Time Do You Get to Vote in an Ontario Election?
You must have three consecutive hours free from work while provincial election-day polls are open. Ontario’s Election Act gives every employee who is qualified to vote this protection.
For most of Ontario, provincial election-day polls are open from 9 a.m. to 9 p.m. Eastern Time. In Ontario communities operating on Central Time, the Election Act provides for polls to open and close an hour earlier locally. Elections Ontario has described those hours as 8 a.m. to 8 p.m. Central Time.
To vote in an Ontario provincial election, you must be a Canadian citizen, at least 18 years old on election day and a resident of Ontario.
Do the three hours have to be consecutive?
Yes. Three separate one-hour periods are not enough. The Election Act requires one uninterrupted three-hour period during polling hours.
That distinction matters for employees whose shifts leave some free time before work and some after work but no three-hour block on either side.
When Must Your Employer Give You Time Off to Vote?
Your employer must give you additional time off when your work schedule would otherwise prevent you from having three consecutive hours to vote while the polls are open.
For an employee in the Eastern Time Zone, the rule works like this:
- You work 9 a.m. to 5 p.m.: You have four consecutive hours from 5 p.m. to 9 p.m. Your employer does not have to give you additional time off.
- You work noon to 9 p.m.: You have three consecutive hours from 9 a.m. to noon. Your employer does not have to give you additional time off.
- You work 10 a.m. to 7 p.m.: You have only one hour before work and two hours after work. Because neither period reaches three consecutive hours, your employer must adjust your schedule enough to create a three-hour block—for example, by allowing you to leave at 6 p.m.
- You work 11 a.m. to 8 p.m.: You have two hours before work and one hour afterward. Your employer could, for example, let you leave at 6 p.m., creating a three-hour voting window from 6 p.m. to 9 p.m.
The employer does not have to provide more working time off than is necessary to create the required three-hour window.
Do you have to ask for the time off?
Yes. If your work hours don’t provide the required three-hour window, ask your employer for the additional time you need. The Election Act expressly addresses an employee requesting the additional time necessary for voting.
Make the request in writing where practical. State your scheduled hours and explain that the schedule does not leave three consecutive hours while the polls are open.
Is Time Off to Vote Paid in Ontario?
Yes, when your employer is required to give you working time off to create the three-hour voting window, it can’t deduct your pay or impose a penalty because of that absence.
For example, if you need to leave one hour early so that you have three consecutive hours before the polls close, your employer can’t dock that hour from your pay simply because you exercised the statutory voting right.
Does everyone get three paid hours off?
No. If your existing schedule already leaves three consecutive hours during polling hours, your employer doesn’t have to give you additional paid time away from work.
The protection is designed to make sure work does not prevent you from voting. It is not a general paid-leave entitlement for election day.
What if your employer deducts your wages?
A deduction from your pay for voting time that the employer was legally required to provide can violate the Election Act. Keep the pay statement, your schedule and the written voting-time request.
If wages are being withheld or deducted for another reason as well, see our guides to withholding pay in Ontario and deductions from wages in Ontario.
Who Chooses When You Take Time Off to Vote?
Your employer chooses when the required voting time is taken. Ontario’s Election Act allows the employer to provide the time at the point in the day that best suits its convenience.
This means you can’t insist on taking three hours in the middle of your shift when the employer can satisfy the law by allowing you to start later or leave earlier.
For example, if you work from 10 a.m. to 7 p.m., your employer could let you leave at 6 p.m. so that you have from 6 p.m. to 9 p.m. to vote. It does not have to let you leave from noon to 3 p.m. simply because you prefer that time.
Can you take time off to vote in advance?
The statutory employee time-off right under Ontario’s Election Act is tied to polling day. The Act does not create the same general paid-time-off entitlement simply because you want to use an advance voting opportunity.
Elections Ontario offers advance voting, voting at local election offices and voting by mail, but those additional options do not remove an employer’s election-day obligation when the statutory three-hour rule applies.
Do the Same Rules Apply to Provincial, Municipal and Federal Elections?
Ontario provincial, Ontario municipal and federal elections all provide important employee voting-time protections, but they arise under different election laws.
Ontario provincial elections
Ontario’s Election Act gives qualified employees three consecutive hours during polling hours on provincial election day. If the work schedule does not provide that window, the employer must supply the additional time required, without deducting pay or imposing a penalty.
Ontario municipal elections
Ontario’s Municipal Elections Act also protects employees whose working hours would otherwise prevent them from having three consecutive hours to vote. The employer must provide the necessary absence, can schedule it to suit its convenience as much as possible and can’t deduct pay or impose another penalty for the required absence.
Standard municipal voting-day hours under the legislation are 10 a.m. to 8 p.m., although municipalities can have authorized variations in particular circumstances.
Federal elections
The Canada Elections Act uses a similar three-consecutive-hour rule for employees voting in federal elections. When work prevents the required window, the employer must provide the time necessary, and the employer chooses when that time is taken.
Federal polling hours vary by time zone, so check the election-day hours that apply where you live rather than relying on Ontario provincial polling hours.
What If Your Employer Refuses Time Off to Vote or Penalizes You?
An Ontario employer that refuses required provincial voting time, deducts pay for that required absence or penalizes an employee for it can violate the Election Act.
If your employer says you can’t leave despite a schedule that provides no three-hour voting window, put your request in writing. Include your scheduled hours and ask the employer to confirm what time it will provide.
Elections Ontario maintains a formal complaint and enforcement process for suspected violations of the Election Act.
Can your employer fire you for taking time off to vote?
Your employer can’t lawfully penalize you for the voting absence that the Election Act requires it to provide. A termination connected to your exercise of that right should be reviewed immediately.
If your employer ends your employment, the voting-right violation and your termination compensation are separate issues that can overlap. A non-unionized employee who is terminated without cause is entitled to the notice or compensation legally owed.
Employment-standards minimums are not necessarily your full severance entitlement. Unless an enforceable employment contract validly limits your rights, common-law compensation can be substantially greater.
Depending on factors such as your age, position, length of service and the availability of similar employment, severance can reach 24 months’ pay in appropriate cases.
Learn more about wrongful dismissal in Ontario and severance pay in Ontario.
What Should You Do If Work Conflicts With Voting Hours?
Compare your shift with the polling hours, determine whether you already have a three-hour voting window and request any additional time you need in writing.
- Confirm the election-day polling hours. Check Elections Ontario for the hours and your assigned voting location.
- Check your work schedule. Determine whether you already have three consecutive hours before or after your shift while polls are open.
- Request only the time you need. If the schedule doesn’t provide the required window, tell your employer in writing.
- Let the employer schedule the absence. The employer has the right to choose when the required voting time is provided.
- Keep your records. Save your schedule, written request, the employer’s response and any payroll records.
- Document any penalty. Preserve evidence if your pay is reduced, you are disciplined or your employment is threatened.
- Get legal advice if your job is affected. A voting-time dispute that leads to discipline or termination can create employment-law consequences beyond the immediate election issue.
Do you need to prove that you voted?
The Election Act’s employee protection is designed to provide qualified employees with the time necessary to cast their vote. The legislation does not make the right conditional on providing your employer with a ballot receipt or disclosing how you voted.
Does the voting-time rule apply if you work from home?
Working remotely does not eliminate the statutory voting-time rule. The relevant question is still whether your working hours leave you three consecutive hours while the polls are open.
What if your shift changes on election day?
Your employer still has to ensure that your final work schedule leaves the required voting window. If a schedule change removes the three consecutive hours you expected to use, raise the issue promptly and ask when the employer will provide the necessary time.
Your job should not prevent you from exercising your right to vote. Ontario law gives eligible employees a three-consecutive-hour voting window and protects the required working time from pay deductions or penalties.
The Ontario employment lawyers at Samfiru Tumarkin LLP help non-unionized employees when workplace disputes over protected rights lead to lost wages, discipline, threats or termination. If your employer has penalized you for required voting time, we can assess both the immediate workplace issue and any compensation you are owed if your employment has been affected.
For help with a workplace dispute, you can also learn more about our Ontario employment lawyers.
If your employer refuses the voting time the law requires, deducts your pay, disciplines you or terminates your employment, contact Samfiru Tumarkin LLP before resigning or signing away your rights.