When an employee advises an employer that they intend to seek elected office, employers should first identify the legal framework that applies
Are employees required to quit their jobs simply because they decide to run for political office? The rules are significantly different depending on where the employee works, whether the employee is seeking municipal, provincial or federal office, and whether legislation, workplace policies, or conflict-of-interest requirements apply.
For some public-sector employees, an unpaid leave of absence may be mandatory while campaigning. In certain circumstances, being elected can also result in the employee’s employment ending.
For private-sector employees, there is generally more reliance on employment contracts, workplace policies, and the circumstances of the employee’s position. The key point is that there is no single rule that applies to every employee who decides to seek elected office.
The Public Service of Ontario Act, 2006 contains specific rules governing political activity by Ontario public servants.
Most public servants are entitled to engage in political activity, subject to statutory restrictions. They cannot, for example, engage in political activity in the workplace, use government premises or equipment for political purposes, or associate their public-service position with political activity except in limited circumstances.
An Ontario public servant who seeks to become a candidate in a...
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