Click here to access our coronavirus (COVID-19) resource center.

Election Day Reminders

In anticipation of Election Day, employers should review their policies and practices to ensure workers are provided time off to vote as required by applicable law and all other obligations of the business are met.

Applicable state voting law specifics vary by state, but many include:

  • Time-off to vote
  • Allow employers to designate the hours during which employees may be absent to vote
  • Time-off to act as election officials or to serve in an elected office
  • Notice requirements
To ensure you properly address requests for time off while minimizing disruptions in the workplace, employers should review their Election Day practices and post any required notices.

New York State

According to New York’s voting leave law, located at N.Y. Elec. Law § 3-110 and applicable to all employers, if a registered voter has less than four consecutive hours between the polls opening and the start or end of their work shift, they may take up to two hours off to vote, which must be compensated. Employees with four consecutive hours, either between the polls opening and the state or end of their work shift, are presumed to have enough time to vote outside their working hours. The allocated time off to vote will be either at the beginning or end of the employee’s shift, as designated by the employer or at a time agreed-upon by the employer and employee.

  • Employee Notice: Employees that need time off to vote must provide notice of this need by no later than 10 working days prior to the election (and no fewer than two working days prior).
  • Employer Posting: Every employer must conspicuously post in the workplace, where it can be seen as employees come or go, a notice setting forth the time off to vote law; the notice must be kept posted until the close of polls on Election Day. This notice must be posted in the workplace no less than 10 working days before every election.
  • More information

 

The information provided in this alert is not, is not intended to be, and shall not be construed to be, either the provision of legal advice or an offer to provide legal services, nor does it necessarily reflect the opinions of the agency, our lawyers or our clients.  This is not legal advice.  No client-lawyer relationship between you and our lawyers is or may be created by your use of this information.  Rather, the content is intended as a general overview of the subject matter covered.  This agency is not obligated to provide updates on the information presented herein.  Those reading this alert are encouraged to seek direct counsel on legal questions.

Top