New York State Election Law Requirements Regarding Employees Time Off to Vote

Election Day is Tuesday, November 6th and our associate member Jackson Lewis PC recently shared some important law requirements regarding employee voting time off. 

New York Election Law § 3-110 states that an employee is entitled to a sufficient amount of leave time that, when added to the employee’s available time outside of working hours, will enable the employee to vote. Four hours is considered sufficient time. An employee is excluded from leave if the employee has 4 consecutive hours in which to vote either between the opening of the polls and the beginning of the employee’s work shift or the end of the employee’s work shift and the close of the polls.

  • Notice: The employee must provide notice of leave at least 2, but not more than 10, days prior to the election.
  • Hours: The employer may specify the hours. Leave must be given at the beginning or end of the work shift, as the employer may designate, unless otherwise agreed.
  • Paid: Not more than 2 hours may be without loss of pay.
  • Posting Requirement: Employers must also conspicuously post a notice for employees about the law not less than 10 working days before every election. The notice must be kept posted until the close of the polls on election day. Employers that have yet to post such a notice can find a copy here: http://www.elections.ny.gov/nysboe/elections/attentionemployees.pdf

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