New York Amends Election Law to Decrease Paid Voting Leave to Two Hours

The New York State Election Law (“Election Law”) § 3-110 was amended this year and effective as of April 3, 2020.  Employers must now allow all New York State employees who are registered voters up to two (2) hours of paid time off to vote if they do not have “sufficient time to vote.” 

Under the Election Law, the meaning of “sufficient time to vote” is defined as whether an employee has four (4) consecutive hours to vote either from the opening of the polls to the beginning of their work shift, or four (4) consecutive hours between the end of a working shift and the closing of the polls.

A registered voter is still required to notify his or her employer at least two (2) business days in advance of an election day of the need to take time off to vote, but no more than ten (10) business days’ notice is required.  

The Board of Election has issued a revised notice which may be accessed by clicking this at follow link: https://www.elections.ny.gov/NYSBOE/elections/TimeOffToVoteFAQ.pdf

Employers should update their Voting Leave Policy in their employee handbook in light of these amendments and post the revised notice setting forth the provisions of the amended law.  The notice is required to be posted until the close of the polls on Election Day, which is Tuesday, November 3, 2020.

Our Firm has extensive experience counseling employers and businesses on employee and labor law issues, and preparing applicable employee policies, particularly relating to the evolving regulations during the COVID-19 pandemic. If you have any questions related to this Legal Briefing or questions related to COVID-19 reopening rules and procedures, please contact any member of our Firm at 585-730-4773.   

This Legal Briefing is intended for general informational and educational purposes only and should not be considered legal advice or counsel. The substance of this Legal Briefing is not intended to cover all legal issues or developments regarding the matter. Please consult with an attorney to ascertain how these new developments may relate to you or your business. © 2020 Law Offices of Pullano & Farrow PLLC.

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