In accordance with the New York State Election Law, employees are entitled to paid time off if they do not have sufficient time to vote outside of scheduled work hours. “Sufficient time to vote” is defined as having a period of four consecutive hours off between the time the polls are opened and closed. To be eligible for paid time off, not more than ten working days but not less than two working days prior to the election the employee must provide notice that they will need paid time off. Accordingly, written notice must be received from any eligible employee by November 1st. The amount of paid time off is the amount of time needed, to a maximum of two hours, that, when added to the employee’s voting time outside of their scheduled workday, will enable them to vote. No substitution of other paid accruals can be required.
As a reminder, employers are also required to conspicuously post a copy of New York Election Law Section 3-110 in a spot where employees can see it. This posting must be done ten days prior to the election, meaning if you have not already posted the Law, you must do so immediately. A copy of the Notice, can be found at New York State Board of Elections.
If you have any questions, please contact Stephanie Roebuck in the White Plains office or any attorney at Keane & Beane, P.C.
