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Reminder: Election Day and Time Off to Vote

As Election Day approaches (November 3) employers should be mindful of state law related to employee voting rights.

In New York, employers must provide up to two hours paid time off to vote if an employee has fewer than four consecutive hours either between the opening of the polls and the start of their work shift or between the closing of the polls and the end of their work shift.

Employees must notify their employer that they require time off to vote not more than 10, but not less than two, working days before an election day.

Next Steps for Employers

Employers may allow employees to take time off to vote at the beginning or end of their shift. As such, they should begin considering scheduling needs in advance of employees requesting leave. In addition, employers must post the Time Off to Vote Notice in a conspicuous location by October 24. The notice must remain posted until the polls close on election day. Employers who have New York employees who are working remotely should consider providing this notice electronically.

Employers may also obtain additional information on New York state requirements by reviewing the FAQs from the NY Board of Elections.

Multi-state employers who are active HR Works Virtual Helpline subscribers may contact the Helpline for information on other state voting leave laws.

HR Works, headquartered in Upstate New York, is a human resource management outsourcing and consulting firm serving clients throughout the United States for over thirty years. HR Works provides scalable strategic human resource management and consulting services, including: affirmative action programs; benefits administration outsourcing; HRIS self-service technology; full-time, part-time and interim on-site HR managers; HR audits; legally reviewed employee handbooks and supervisor manuals; talent management and recruiting services; and training of managers and HR professionals.