Reminder: Voting Leave Requirements for Employers

With election day approaching (Tuesday, November 5th), employers are wise to remember their obligations under NYS Voting Leave law when it comes to employees exercising their voting rights. As a reminder: ⁠
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>Employers are required to post a notice informing employees of their right to take Voting Leave at least 10 working days before Election Day (for most this will be around October 22nd).
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>Employees are eligible for up to two hours of paid time off to vote ONLY if they do not have “sufficient time to vote.”⁠

>An employee is deemed to have “sufficient time to vote” if they have 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.⁠
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>If employees intend to use voting leave, they must notify their employer at least two, but no more than 10 working days prior to election day. If this is not provided, paid time off does not need to be given. ⁠
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>Employers are prohibited from discriminating against employees for engaging in “political activities, including (1) running for public office; (2) campaigning for a candidate for public office; or (3) participating in fundraising activities for the benefit of a candidate, political party, or political advocacy group. Note, such political activities are only protected if they are legal and occur outside of working hours, off the employer’s premises, and without the use of the employer’s equipment or other property.⁠

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