Reminder: New York Employee Voting Leave Rights

As we previously reported, in April 2019, new legislation was passed (New York Election Law § 3-110) that mandates New York employers to provide their employees who are registered voters with up to three hours of paid time off to vote on Election Day without loss of pay. With election day approaching in November, it is important for employers to ensure their handbooks, voting leave policies and notices are all updated and in compliance with the law.

Some things to remember is that the time off to vote must be given at the beginning or end of an employee’s working hours, unless the employer and employee agree otherwise. An eligible employee seeking to take such time off must notify his or her employer at least two working days before the election.

Importantly, New York employers are required to post the information concerning the protections of Section 3-110 of the Election Law where employees can see it as they arrive at and depart from work. The notice must be posted at least 10 working days before every election and remain up until the polls close.