Election years don’t usually change much in the workplace. But they do bring a handful of legal obligations that every employer should be aware of, and this year there’s an important change that could catch both employers and staff off guard.
The good news is that meeting your responsibilities is straightforward, particularly if you plan ahead.
Under the Electoral Act 1993, eligible employees must be given time to vote on election day if they haven’t already had a reasonable opportunity to do so.
If an employee is working on election day and does not have a reasonable opportunity to vote outside work, employers must allow them a reasonable amount of paid time to cast their vote. For employees who are working before and after 3pm, this includes allowing time after 3pm to vote if needed.
Importantly, employers cannot deduct wages for that time off. Failing to provide reasonable time to vote, or docking an employee’s pay, is an offence under the Act.
The obligation only applies where the employee has not already had a reasonable opportunity to vote, which is increasingly common thanks to advance voting.
Election day is no longer when most New Zealanders cast their ballot. At the 2023 General Election, around 1.64 million of the country’s 2.88 million votes were cast during the advance voting period.
For employers, that means staffing pressures on polling day are often less significant than they once were.
Rather than thinking only about election day, it’s worth planning across the advance voting period. Encouraging staff to vote early can make rostering easier while ensuring everyone has the opportunity to participate.
This election also comes with a significant change to enrolment rules. Under recent electoral law changes, people must now be enrolled and have their details up to date before the advance voting period begins. Unlike previous elections, voters can no longer enrol or update their details at a voting place during advance voting or on election day.
That means employees who have recently moved house or haven’t updated their enrolment could find themselves unable to vote if they leave it until the last minute. A simple reminder for staff to check their enrolment details well before voting opens can help avoid unnecessary problems.
For most businesses, preparing for the election doesn’t require major changes. It simply means understanding your legal obligations, allowing paid time off where required, and thinking ahead rather than reacting on polling day.
Adding the election date to the roster, reminding managers of the time-off requirements and encouraging staff to check their enrolment details early are all simple steps that can prevent confusion later.
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