With early voting already underway and Election Day right around the corner on November 2, 2021, we take this opportunity to remind employers of their obligations with respect to employees who may need time off from work to vote.
New York’s Election Law provides that if a New York employee does not have “sufficient time” to vote outside of working hours, i.e., four (4) consecutive non-working hours while polls are open, they may take as much time off to vote as needed, with two (2) of those hours required to be paid by the employer.
Employers may specify that the voting time be taken at either the beginning or end of the employee’s working shift, or at an otherwise mutually agreeable time. Per the New York State Board of Elections, this time may not be charged to an employee’s vacation, sick, personal or other PTO bank.
In order to avail themselves of time off to vote, employees must be registered to vote and must provide at least two (2) but not more than ten (10) days’ advance notice of the need for time off to vote. The law is silent as to whether an employer can require proof that the employee voted, but short of an “I Voted” sticker, such “proof” is hard to come by. Employers should instead consider having employees complete a voting verification form when the employee returns to work.
Employers must post a notice setting forth the provisions of the Election Law as soon as possible. The notice form can be found here. For those employers who are not yet back in their physical workplaces, we recommend emailing a copy of the notice to employees.
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If you have questions or would like additional information, please contact our Labor & Employment attorneys or the primary EGS attorney with whom you work.
