What Employers Should Know About Time Off to Vote

The NY State Legislature Passed an Election Law

Time off to vote for employees was part of the legislation that the NY State Legislature passed in April of 2019.

The name of the law is the New York State Election Law and it went into effect immediately.

What Does the Time Off to Vote Mean for Employers?

Based on the new law, employers must allow their employees who are registered voters up to three hours of time off to vote. The employee will lose no pay for the three hours and this applies to voting at any election.

Guidelines for the Time Off

The employer must allow the time off only at the beginning or end of the employee’s work shift. The employer either designates the time or the employee and employer can mutually agree on the time.

The employee must notify the employer about taking time off to vote two working days before the Election Day.

Posting a Notice of the NY State Election Law

Employers must post in the workplace a notice that states the provisions of the NY State Election law. They must post it conspicuously no less than 10 working days before every election. In addition, they must keep the notice posted until the election polls close that day.

What Might Have Prompted the New Law?

According to an article in The New York Times, the mid term elections in 2018 in New York favored incumbents. New York was the only state in the country that held separate state and federal primary elections. Two separate voting days made it more difficult for voters to turn out to vote. In addition, New York does not have the options of early voting, voting by mail, nor same-day voter registration.

By comparison, some of New York’s voting laws were much more restrictive than laws in other states.

The New York State Election Law is one response taken by a more liberal legislature to effect change. More changes may be on the way.

At Stephen Hans & Associates, our attorneys work to stay up-to-date with legal changes. We like to let employers know about them so they can avoid employment law issues. We also represent business owners in employment litigation.

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