Election Day Reminder – Voting Leave Requirements

As Election Day approaches, employers should revisit their obligations to provide employees with time off from work to vote.

Under New York law, if a registered voter does not have “sufficient time” outside of their scheduled working hours to vote, the employer must provide the employee with time off to vote. An employee has sufficient time outside of their scheduling working hours to vote if they have four consecutive hours either between the opening of the polls and the beginning of their shift, or between the end of their working hours and the closing of the polls. For example, if the polls open at 6am, and the employee’s shift does not begin until 10am, that employee has sufficient time outside of their working hours to vote and the employer is not required to provide the employee with additional time off to vote.

If an employee does not have sufficient time outside of their working hours to vote, the employer must permit the employee to take enough time off to vote as will enable the employee to vote, when added to their voting time outside of working hours. For example, if an employee requires three hours to vote, but the polls open at 6am and their shift begins at 8am, the employer must provide the employee with one hour of time off to vote. While an employee is entitled to as much time as necessary to vote, employers are only required to provide pay for up to two hours; any additional time off is unpaid. Employers can also require that employees only take time off to vote at the beginning or end of their shift.  

The New York law contains employer and employee notification obligations. Employers must conspicuously post a notice of employee rights to time off to vote in the workplace. The notice must be posted at least 10 working days before Election Day and must remain posted until the polls close on Election Day. Employees who require time off to vote must notify their employer at least 2 working days (but not more than 10 working days) before the election.

Employers with employees working outside of New York should also be mindful of other state laws requiring that employers provide employees with time off to vote. While there is no Federal law requiring employers to provide time off to vote, at least 28 other states require that employers provide some amount of time off to vote.

If you have any questions about providing your employees with time off to vote, or the required notices, please contact Amanda M. Baker at abaker@fglawllc.com, or any 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.