With the midterm elections fast approaching on November 8, 2022, it is important for New York employers to remember their obligations to provide employees time off to vote. Pursuant to Section 3-110 of the New York State Election Law, New York State employees are eligible for up to two hours of paid time off to vote if they do not have “sufficient time to vote.”
An employee is deemed to have “sufficient time to vote” if an employee has four consecutive hours to vote either from the opening of the polls to the beginning of their work shift, or four consecutive hours between the end of a working shift and the closing of the polls. The Election Law provides for up to two hours of paid time off to enable an employee time to vote when added to their voting time outside their working hours.
An employee must notify an employer at least two working days prior to their intention to take paid time off to vote. The employer may then specify the hours. Leave must be given at the beginning or end of the work shift, as the employer may designate, unless otherwise agreed. Employees cannot be required to utilize any other form of earned leave time to vote.
In addition, as a reminder, employers must 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.
Should you have any questions regarding your obligations regarding employee voting rights, please contact Ali Law Group.