Québec provincial elections
Every employer must, upon written request, grant a leave without pay to an employee who is a candidate or intends to become one, or who acts as the official agent of a candidate. Such employees are entitled, throughout their leave, to all the benefits attached to their employment, except their remuneration; as regards benefit plans, they may continue to benefit from all the plans in which they participate, provided they pay the totality of the premiums, including the employer's contribution.
At the expiry of the leave, the employer must reinstate the employee under no less favourable conditions of employment than those prevailing before the beginning of his or her leave.
The employer may not dismiss, lay off, suspend, demote or transfer employees, by reason of such leave, or give them less favourable conditions of employment than they are entitled to or diminish any benefit attached to their employment, nor subtract the duration of the leave from the employees' vacation. Any dispute regarding the above may be submitted for adjudication either to the Administrative Labour Tribunal or to a grievance arbitrator where the employee is governed by a collective agreement.
Employers are required to give to employees who are qualified to vote at least four (4) consecutive hours for voting, not counting the time normally allowed for meals. This four (4)-hour period needs to be taken while the polls are open and does not necessarily have to correspond to four (4) hours during the employee's working schedule. For example, if the working day ends at 5:00 p.m. and the polls close at 8:00 p.m., it is sufficient to let the employees go at 4:00 p.m. and pay for the period of 4:00 p.m. to 5:00 p.m. An employee who believes he or she has been wronged as a result of a contravention to that requirement may submit a complaint to the Administrative Labour Tribunal or the CNESST.
The polling hours for a provincial election held in the Province of Québec are between 9:30 a.m. and 8:00 p.m.
Federal elections in Québec
Every employee qualified to vote in a federal election is entitled to three (3) consecutive hours for the purpose of casting his or her vote and, if the hours of employment do not allow for those three (3) consecutive hours, the employer must allow the employee, at the convenience of the employer, such additional time for voting as may be necessary to provide those three (3) consecutive hours. An employer cannot make a deduction from the employee's pay by reason of his or her absence during the consecutive hours that the employer is required to allow for voting.
The polling hours for a federal election held in the Province of Québec are between 9:30 a.m. and 9:30 p.m.
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.
