New York: Paid Voting Leave Rules Changed Back

In April 2019, New York Election Law § 3-110 changed voting leave for employees to three hours of paid time off to vote, provided a request is made at least two working days prior to an election. However, in the state’s yearly budget for 2020, the legislature reverted the leave back to the previous rules.

Specifically, only two hours of paid voting leave is now required if an employee, who is a registered voter, does not have a four hour window to vote before or after a shift. Employees who do not have sufficient time to vote are allowed to take as much time off to vote as needed, but only two hours of that time must be paid. Employers may still designate that voting leave be taken at the beginning or end of an employee’s shift.

Employees must notify employers of the need for voting leave at least two, but no more than 10, working days before election day. Employers must also post a notice of employee voting leave rights in a conspicuous location where it can be seen as employees arrive at or leave the workplace. The notice must be posted at least 10 days before an election until the close of the polls on election day.

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