Running for Political Office While Employed – What You MUST Know!

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.

Ontario Public Servants

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 federal or provincial election during the election period generally must obtain an unpaid leave of absence. Before the formal election period begins, the employee’s ethics executive determines whether a leave is necessary in the circumstances.

The legislation defines the election period for a federal or provincial election as beginning when the writ is issued and ending on polling day. For municipal political activity, the relevant period generally begins 60 days before polling day.

What happens if the public servant is elected?

If an Ontario public servant is elected to the House of Commons or a provincial legislature, their employment with the Crown or public body is terminated. Municipal office is treated differently.

An Ontario public servant elected to municipal office does not automatically lose their employment. Instead, the employee’s ethics executive must determine whether holding the municipal office would interfere with the employee’s public-service duties or create a conflict with the interests of the Crown or public body. If so, termination is warranted.

Certain former public servants whose employment ends because they were elected may later have rights to apply for reinstatement, subject to the requirements in the legislation and the availability of a suitable vacant position.

Municipal Employees Running for Municipal Office

Ontario’s Municipal Elections Act, 1996 contains a separate set of rules for employees of municipalities and local boards.

If an employee wants to run for office on the council or local board that employs them, the employee must take an unpaid leave of absence beginning on the day they are nominated and ending on voting day.

The employee must provide advance written notice, and the legislation gives the employee a right to that unpaid leave. If the employee is elected, they are deemed to have resigned from their employment immediately before taking the declaration of office. The rule is different if the employee is running in another municipality.

Ontario’s 2026 municipal election guidance states that an employee of one municipality who runs for office in a different municipality generally does not have to take a leave or resign. Workplace policies may nevertheless impose additional requirements. An upper-tier municipal employee can also generally run in a lower-tier municipality unless election to the lower-tier council would also make that individual a member of the upper-tier council.

A municipal employee running for council where they work may face mandatory leave and resignation requirements, while another employee seeking office elsewhere may not.

Federal Public Servants

Federal public servants are governed by the Public Service Employment Act. A federal employee must obtain permission before seeking nomination or becoming a candidate in a federal, provincial or territorial election.

During the election period, an employee may be a candidate only if they have requested and obtained leave without pay from the Public Service Commission. Decisions regarding permission and leave consider whether the political activity could impair, or appear to impair, the employee’s ability to perform their duties in a politically impartial manner.

If the employee is elected in a federal, provincial or territorial election, the legislation provides that the individual ceases to be an employee on the day they are declared elected.

Federally Regulated Private-Sector Employees

There is also a specific rule affecting certain employees outside the federal public service. Section 80 of the Canada Elections Act applies to employers whose employees are covered by Part III of the Canada Labour Code.

When an eligible employee applies for leave to seek nomination or run as a candidate in a federal election, the employer must grant a leave of absence, with or without pay, for the requested period during the election period. This can apply to employees working in federally regulated industries, rather than only government employees.

The existence of this statutory protection is another reason employers should determine which employment-law regime governs the workplace before responding to a request for campaign leave.

What About Ontario Private-Sector Employees?

For most provincially regulated private-sector employees in Ontario, the situation is less prescriptive. Unlike the specific regimes governing Ontario public servants, municipal employees and certain federally regulated employees, there is no comparable general candidacy leave set out in Ontario’s Employment Standards Act, 2000 simply because an employee decides to seek political office.

As a result, the employee’s rights and obligations may depend on factors such as:

The employment contract
Workplace policies
A collective agreement
Conflict-of-interest rules
The employee’s position and responsibilities
Whether campaign activities interfere with working hours or job performance
Whether company equipment, email, branding or other resources are being used
Confidentiality and reputational considerations

An employer may voluntarily permit an unpaid or other leave for campaigning even where legislation does not require one. However, employers should avoid making these decisions informally or inconsistently.

Does a Private-Sector Employee Have to Resign if Elected?

Again, the answer depends on the circumstances. There is no general rule requiring every Ontario private-sector employee to resign merely because they are elected to public office. For some employees, elected office may be compatible with continuing their employment.

For others, serving in public office may create practical or legal problems, including:

Scheduling conflicts
Inability to perform the employee’s regular duties
Conflicts of interest
Confidentiality concerns
Public-facing neutrality requirements
Fiduciary or senior leadership responsibilities

Employers and employees should review these issues before the election wherever possible rather than waiting until after the employee has been elected.

Political Activity and the Workplace

Even where an employee is entitled to run for office, that does not necessarily mean political campaigning can be conducted through the workplace. Employers may have legitimate rules concerning the use of:

Corporate email
Company computers and phones
Social media accounts
Workplace premises
Employee lists
Employer branding
Working time

For public servants, some of these restrictions are expressly established by legislation. Private employers should consider addressing similar issues through clear and consistently applied workplace policies.

A Practical Checklist for Employers

When an employee advises an employer that they intend to seek elected office, employers should first identify the legal framework that applies.

Questions to consider include:

Is the employee entitled to a statutory leave of absence?
Is the employee an Ontario public servant, municipal employee, federal public servant or private-sector employee?
What level of government is the employee seeking election to?
Does an employment agreement, workplace policy or collective agreement address political activity or outside activities?
Could campaigning interfere with the employee’s normal duties?
Could the candidacy create an actual or perceived conflict of interest?
Is the employee using workplace resources or working time for campaign activities?
What happens if the employee is elected?
Can the elected position and the employee’s existing job realistically coexist?
Has the employer applied its policies consistently to other employees?

Employers should also document the arrangement, particularly where an unpaid leave is being granted or the employee’s duties will change during the campaign.

Plan Before the Campaign Begins

Running for office does not automatically mean that an employee must leave their job. In some workplaces, however, legislation expressly requires an unpaid leave while the employee is a candidate. In others, election to office can result in employment ending altogether.

For private-sector employers, much may depend on workplace policies, employment agreements and the nature of the employee’s responsibilities. Both employers and employees should therefore address the issue before campaigning begins, including whether leave is required, what political activity is permitted in the workplace, how conflicts will be managed, and what will happen if the employee is elected.

How Minken Employment Lawyers (Est. 1990) Can Help

Minken Employment Lawyers (Est. 1990) advises employers and employees on how workplace laws apply when employees run for political office, including leaves of absence, conflict-of-interest issues, outside employment and activities, workplace policies, employment contracts, employee conduct and employment law compliance.

Employers developing or reviewing workplace policies concerning political activity, outside employment, conflict of interest, or leaves of absence should ensure those policies reflect both the applicable legislation and the particular needs of the workplace.

If you are an employer or an executive employee, we can help.

Contact Minken Employment Lawyers (Est. 1990) today for a confidential consultation at 905-477-7011 or contact@minken.com to connect with our team.

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Please note that this article is for informational purposes only and does not constitute legal advice or opinion.