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New Voting Leave Regulations – Effective April 1, 2020

Employees who are registered to vote in New York should be granted paid time off from work to vote, for up to two hours, IF sufficient time is NOT available for the employee to vote BEFORE or AFTER their shift.  Sufficient time is defined as having four consecutive hours between the polls opening and the beginning of their work shift, OR four consecutive hours between the end of their shift and polls closing.

Employees must request voting leave from their employer at least two business days before the day of the election.  The company will then designate the two hours to be taken at the beginning or end of the employee’s work shift.  Employees are expected to report to work for the remainder of their shifts once their voting leave has expired.

This new law does not specify which elections it applies to but the language of the law is certainly broad enough to support an interpretation that all federal, state or local elections would be covered.

In addition, employers must conspicuously post a notice in the place of work.  Notices must be posted at least ten days prior to every election that sets forth the provisions of the voting law.  The notice shall be kept posted until the close of the polls on the day of the election.


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