Reminder: NY Voting Leave Rights and Voting Leave Poster
Under New York election law, employers must allow employees who do not have “sufficient time” outside of working hours in which to vote to take up to two hours of paid time off. Required time off is only allowed at the beginning or end of a work shift, as designated by the employer, unless otherwise mutually agreed. However, if an employee has four consecutive non-working hours in which to vote (either between the opening of the polls and the beginning of a shift or between the end of work and poll close), such time is deemed to be “sufficient”, and an employee is not entitled to leave.
Employers are required to post a notice of New York voting leave rights at least ten days before every election. Employees, in turn, must provide notice of their desire for time off at least two but not more than ten working days prior to Election Day. Employers should ensure the required notice is posted in their places of employment. HR Works, Inc. also recommends including a policy in the employee handbook on voting leave.
