Ottawa employment lawyer on employee rights during an election

Interview Summary

As Ontario prepares for another provincial election, employers and employees must navigate when and how to vote while still being effective in their roles at the workplace. Are employees permitted time off to vote? What are an employer’s obligations?

Alex Lucifero, an Ottawa employment lawyer and managing partner at Samfiru Tumarkin LLP joins CTV News Ottawa to discuss employee rights during an election.

Interview Notes

• Employees are permitted to take time off to vote: Employees in Ontario do have the right to have 3 consecutive hours off of work to vote in an election in accordance with the Election Act. This is particularly important for employees that do not work a 9-5 job.
  
• Employers obligated to pay for time off to vote: Employers are obligated to pay employees during their time off to vote and cannot penalize employees for enforcing their rights by potentially reducing their pay.
• Employee’s next steps if refused time off to vote: Employers that unknowingly breach this legislation could be fined up to $5000. Employers that are aware of the legislation and simply refuse a request by employees could face a fine of up to $25,000 and potential imprisonment.
• Terminated for taking time to vote: Employees should not be penalized for exercising their rights, but they would be owed severance if terminated and potentially additional damages awarded.