When New Brunswickers head to the polls to cast their vote for their political candidate of choice, the N.B. Elections Act gives employees certain rights – and imposes certain obligations on employers – to make their ability to vote meaningful:
- Time to Vote. An
employee qualified to vote is entitled to be off of work for three
consecutive hours while the polls are open on polling day to
vote.
- Additional Time Off.
When an employee's hours of employment doesn't give them
three consecutive hours off to go vote, the employer must allow
them the additional time necessary to provide three consecutive
hours. However, any additional time off the employer grants for
voting are at those hours convenient to the employer. For example,
an employee who works from 9:00 am to 6:00 p.m. doesn't have
three consecutive hours outside of their work hours in which to
vote; the employer could meet its obligation by permitting the
employee to leave work at 5:00 pm.
- Qualified to Vote.
In N.B., a person is qualified to vote in a provincial election if
they are 18 years of age on polling day, is a Canadian citizen and
has been ordinarily resident in N.B. for a period of at least 40
days immediately before the election. There are additional
requirements respecting the specific electoral district.
- No Penalty. An
employer is prohibited from making deductions from an
employee's pay or imposing any penalty because of their absence
from work for the purpose of voting during the three consecutive
hours allowed for voting.
- Non-Compliance with Elections Act. An employer that directly or indirectly refuses to grant, or uses intimidation, undue influence, or any other means to interfere with, an employee's right to have three consecutive hours to vote is guilty of an illegal practice and of an offence.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
