The Department of Labour advises that under the Electoral Act, an employer is required to allow an employee time off to vote on polling day if:
- the employee is registered, or qualified to be registered as an elector of the district in which the election is being held; and
- the employee has not had a reasonable opportunity to vote before starting work.
The amount of time an employee is allowed off to vote depends on whether the employee is required for essential work or services.
If an employee is not required to work after 3pm on the polling day for essential work or service, their employer must allow them to leave work by 3pm, for the remainder of the day. The employer cannot deduct wages or salary from an employee for this time off work.
If an employee is required to work after 3pm on the polling day for essential work or services, their employer must allow them to leave work for a reasonable time to vote. The employer cannot deduct wages or salary from an employee for time, not exceeding 2 hours, which the employee spent off work.
It is an offence if an employer fails to allow an employee time off work in the manner described above, or if they unlawfully deduct wages from an employee who takes time off to vote.