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.
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