As the presidential election draws near, it is important for employers to be aware of what their obligations are under the law when providing leave for their employees to vote.

Under the New York Election Law, employers must provide for up to two hours of paid time off to enable an employee time to vote when added to their voting time outside their working hours.  Generally, New York State employees are eligible for up to two hours of paid time off to vote if they do not have “sufficient time to vote.” An employee is deemed to have “sufficient time to vote” if an employee has four consecutive hours to vote either from the opening of the polls to the beginning of their work shift, or four consecutive hours between the end of a working shift and the closing of the polls.

According to the New York Department of Labor, “while two hours is the maximum paid time off allowed under the law, the amount of paid time off required for an employee to vote must be determined on a case-by-case basis as waiting times at polling places, traffic conditions, and other factors may vary wildly.”  Therefore, employers should be flexible when accommodating an employee’s request for time off to vote.

An employee must notify an employer at least two working days prior to their intention to take paid time off to vote, but not more than ten working days.  The New York Board of Elections has held that “working days” is determined in light of each individual employer and that “working days” means any day that the employer is operating and/or open for business. 

Should you have any questions please contact Ali Law Group.

HRtelligence was created by the team at Ali Law Group, LLC.  Should you have any questions or need assistance, please contact Ali Law Group.

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