In 2019 the New York State Election Law was amended to increase the amount of paid time off that employees could take to vote from two hours to three hours regardless of how much time an employee had to vote before their workday began or after it ended, and we kept you informed of those changes here.
This year, the New York State Election Law was amended once again to restore the provisions of the old law requiring employers to provide two hours of paid time off to vote if an employee does not have sufficient time outside of his or her scheduled working hours to vote. Sufficient time to vote is considered at least four consecutive hours to vote either from the opening of the polls to the beginning of their working shift, or between the end of their working shift and the closing of the polls. If an employee requires more than two hours off to vote because they do not have at least four hours before or after work to do so, they are entitled to such additional time, but it may be unpaid.
Employers may limit time off to vote to the beginning or end of an employee’s shift and an employee must notify their employer not more than 10 working days or less than two working days before the day of the election if they need time off to vote.
Employers should ensure they are complying with the New York State Election Law as Election Day is approaching. Employer policies should be updated and the Law also requires employers to post a notice informing employees of their time off to vote rights at least 10 working days before every election. A copy of the employer notice can be found here.
Please contact Caroline Organ at cmo@bspcpa.com or 716-854-5034 with any questions or for help reviewing/revising your current policies.