#BTColumn – Do I get time from work to vote?

Disclaimer: The views and opinions expressed by the author(s) do not represent the official position of Barbados TODAY.

by Carol-ann Jordan and Jacqueline Belgrave

Elections have been called in Barbados for January 19th and, even though elections are held with certain regularity, there are still some questions which arise over the rights and responsibilities of employers and employees on Election Day.

Employers most often have policies and procedures governing the traditional leaves of absence – vacation, sick leave, study leave, and so on. However, their policies regarding leave on election day rarely go beyond the realm of the legal stipulations for purposes of voting. These can be found in the Representation of the People Act (Cap 12) and the Election Offences and Controversies Rules (Cap 3).

The law stipulates the following:

1. Employees must be given a reasonable period of not less than one hour for voting.

2. Employers must not make any deductions from wages, salaries or any other remuneration, or impose any penalty upon the elector (the person who will be voting) due to their absence for the period of voting.

3. Any employer who directly or indirectly refuses, or by intimidation, undue influence, or in any other way interferes with an elector’s right to vote, is liable on summary conviction to a fine of $500 or to imprisonment for six months. Beyond the stipulations noted under the law, workplace facilitation of employees on election day is left to the management in the individual businesses to work through.

Some permit employees to come in to work one hour later than usual or leave work one hour earlier than usual or to extend the lunch hour by an hour. Some make no adjustments to the workday and the employee must rearrange their personal schedules before or after work in order to vote.

The questions which arise, however, surround business efficiency on election day itself in the light of these stipulations and, the procedures to put in place to facilitate time off. Time is often requested for the purposes of voting but may also be requested by persons who selected to work on polling day in the polling stations.

Business managers/ employers often ask these questions:

1. Must the employee be granted time from my business to work as a polling agent on election day (either for the vying political parties or for the national agency)? The law presently stipulates that an employee must be granted time to work as a polling agent. The law presently stipulates that the employee must be granted time to vote.

It does not stipulate granting time to work in any capacity outside the business.
Many businesses have contractual terms or HR policies which speak to an employee dedicating their available time and energies to the business.

The employer also has to determine whether the employee working in another capacity on election day is possibly conflicting with the term or policy that may be in place. They may be best advised to amend the policy to make clear the exception that election day presents.

The employee’s request should be taken in the context of the ensuring the integrity of our political system, and from such a perspective, there is an absolute benefit in granting the employee the time to be an active participant in the system, even if this is not mandated anywhere.

When should I (the employer) be made aware that the employee is working as a polling agent? Employees who have been selected to work as a polling agent, or with a party’s election campaign are already aware of this. The employee is best advised to initiate the conversation and make the formal request as early as is possible.

This is necessary as he/she may not be the only person making a request.

2. How should I (the employer) be informed that my staff member is working otherwise on election day – is a conversation enough or should a formal written request be expected? The risk of misinterpretations, misunderstandings and failure of memory are much greater in instances where the employer or employee rely on verbal communication only. To avoid the many challenges that can arise from verbal communication it is much better practice to require a formal written request and provide a formal written response.

3. If a written request is required, by whom should the information be provided – should it be written by the or by the entity with which the employee will be working? The business can decide their preference.

However, best practice would suggest that the process of requesting leave for the employee mirror that which obtains for national service or jury duty.

The formal request coming from the entity with which the employee will be associated gives greater integrity to the process should it be necessary to review any aspect of the process at a later date.

4. If time is granted, must the leave granted be paid leave? The business can decide whether the leave will be granted as paid or unpaid leave. Election day workers are often provided with a stipend for their work. However, because their efforts add value to the election process from which our society ultimately benefits, the business may be encouraged to view this as an investment and grant the employee paid leave.

It is left to the management to design a workplace policy and procedures which will satisfy both the legal obligations and business’ demands. This is even more important in these times with COVID being present and with the associated threats to our citizens’ health. Best practice in this environment will dictate that workplace policies should balance the company’s focus on its operations with concern for minimizing employee grievances and for their safety and health beyond the immediate workplace setting.

The one hour allocation may at this time be inadequate since the voting process could possibly be more time consuming especially because of the COVID 19 protocols which have to be followed.

We must be mindful that the protocols relate not only to the processes in the polling stations but to transportation as well. Employers must now also build in consideration the time it could possibly take to get from the polling stations to work or vice versa.

Workplace managers are encouraged to plan how best they can discharge their legal obligations and facilitate their employees’ exercise of their franchise.

To establish a complete HR policy for elections, businesses are encouraged to take their planning one step further and determine their responses to the following questions: What if an employee decides to participate in the elections as a candidate? What would they be required to do? When would you want to be informed? How would their activity be accommodated? What can the employee expect if they are not successful? What if they are successful?

How would your business manage that process?

About Lifeline Labour Solutions: Lifeline Labour Solutions is a boutique partnership providing people management solutions to workplace challenges.
Partners Carol-Ann Jordan and Jacqueline Belgrave are established practitioners with a wealth of knowledge and experience in Employment Relations, Labour Relations and Human Resource Management between them. Email: info@lifelinelabour. com; Tel: 1(246)247-5213