Employment Law-New York Employers Need To Follow Election Law Requirements For Time Off To Vote On Election Day

Election Day is almost here (it is Tuesday, Nov. 6). NYS Election Law (section 3-110(1) to (4)) has several requirements that employers and employees must follow so that employees can take time off to vote. Here what the law says:

1) An employer must post a notice about the rules for taking time off. This notice must be posted at least 10 days in advance of Election Day (that is, by Tuesday, October 23). The link for a sample notice, made available by the New York State Board of Elections, is here. The notice must be posted in the place of work where it can be seen as employees come or go to their place of work, and must remain posted until the close of the polls on Election Day (9:00pm).

2) If an employee does not have sufficient time to vote outside of his or her working hours, then the employee may take enough time off , up to two hours without loss of pay, so that-when added to the non-work voting time he or she has otherwise- the employee will have sufficient time to vote.

3) If an employee has four consecutive hours either between the opening of the polls (6:00 am) and the beginning of his or her working shift, or between the end of his or her working shift and the closing of the polls (9:00pm), then the employee is deemed to have sufficient time outside of his or her working hours to vote, for purposes of requirement (2.)

4) If the employee is permitted to take time off to vote under (2), the time off need not be allowed other than at the beginning or end of his or her working shift, as the employer may
designate, or as the employee and employer otherwise mutually agree.

5) An employee who requires working time off to vote must notify his or her employer not more than ten, nor less than two, working days before the Election Day (that is, here, between October 23 and November 2 inclusive) of his or her requirement.