Election Day Reminder – Voting Leave

With just a few weeks until Election Day, employers must remember their obligations to provide employees with time off to vote and to inform employees of their right to take voting leave.

The New York State Election Law requires that if a registered voter doesn’t have “sufficient time” outside of their working hours to vote, then the employee can take off as much time as will enable them to vote, when added to their voting time outside of their scheduled work hours. An employee has sufficient time off to vote outside of their shift if they have at least four consecutive hours either between the opening of the polls and the start of their shift, or from the end of their shift to the time when the polls close. If the employee has less than four consecutive hours outside of their shift in which to vote, the employee can take off as much time as needed to cast their ballot; however, employers are only required to pay for up to two hours of that time. The remaining time can be unpaid.

For example, in New York City polling places will be open from 6 a.m. to 9 p.m. An employee whose workday begins at 9 a.m. and ends at 5 p.m. has four hours between the end of their shift and the time the polls close, so they have sufficient time outside of their scheduled working hours to vote and would therefore not be entitled to paid time off to vote. On the other hand, an employee whose shift begins at 9:30 a.m. and ends at 5:30 p.m., does not have four consecutive hours on either end of their shift and the time the polls open or close, so that employee would be eligible for up to two hours paid time off to vote. The employer may designate whether they want the employee to take the time off to vote at the beginning or end of their shift.

Equally important as providing employees with the required time off to vote is informing employees of their right to take that time; and New York law requires employers post a notice advising employees of those rights. The required notice must be posted at least ten (10) workdays before every election and remain posted until the close of the polls on Election Day. For employers with a standard Monday to Friday workweek, this means the notice must be posted by Tuesday, October 22, 2024. The notice must be posted in a conspicuous place in the office that can be seen by employees.

Employers should remember that these are the requirements for voting leave in New York State. Employers with employees in other locations should also make sure their voting leave practices comply with the relevant laws of other locations where they have employees, as many states impose additional or different requirements with respect to voting leave.

Employers with questions about providing employees with time off to vote or the required notices should contact Kate Townley at ktownley@fglawllc.com or any other attorney at the Firm.

DISCLAIMER: This alert is provided to clients and friends of the firm for informational purposes only and the distribution of this alert is not intended to, and does not, establish an attorney-client relationship. This alert also does not provide or offer legal advice or opinions on any specific factual situations or matters. This communication may be considered Attorney Advertising. Prior results do not guarantee a similar outcome.