New York employers must:
- Pay for up to 2 hours of voting leave for any election for employees who do not have sufficient time to vote outside work hours, which means they do not have 4 consecutive hours to vote either from the opening of the polls to the beginning of their work shift, or between the end of the shift and the closing of the polls. The specific amount of paid time off needed (up to the 2-hour maximum) must be determined on a case-by-case basis, as waiting times at polling places, traffic conditions, and other factors may vary.
- Allow employees with fewer than 4 consecutive nonwork voting hours to take off as much time from work as necessary (when added to their voting time outside working hours) to vote, but not more than 2 hours of the leave is required to be paid.
- Post a notice setting forth the state’s voting leave requirements at least 10 working days before every election.
Unless an employer and employee otherwise agree, voting leave must be at the beginning or end of the work shift as designated by the employer.
In addition, employees must notify their employers of their need for time off to vote at least 2 working days before Election Day.
For additional information, please contact the New York State Board of Elections at 518-474-6220.
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