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Practice Areas

As Election Day Approaches, Don’t Forget About New York’s New Voting Leave Law

This past spring, New York’s election laws were amended to provide for an additional hour of paid time off from work to vote. Previously, New York employers only had to provide employees with up to two hours of paid time off from work to vote and only if employees did not have sufficient time to vote outside of their working hours. As amended, New York employers must now provide employees with up to three hours of paid time off to vote, regardless of their work schedule and how much time they have to vote outside of working hours.

Employees seeking paid time off from work to vote must provide their employers with at least two working days’ advance notice. Employers may require that the requested time off be taken at the start or the end of the employee’s scheduled work day.

While not a new requirement, employers are also reminded to post a notice informing employees of their rights under New York Election Law § 3-110 at least 10 days before each election. The notice must remain posted until the polls close on Election Day.

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