October 08, 2020 Reminder Regarding Paid Time Off to Vote
KEEPING YOU INFORMED…
With Election Day less than a month away, we are writing to remind you of the paid time off and posting requirements set forth in Election Law Section 3-110 (“the Law”).
As we advised in our April 8, 2020 client memorandum, the amendments to the Law were repealed. Employees are, once again, only entitled to paid time off to vote if they do not have “sufficient time to vote” outside of their scheduled working hours. Not having “sufficient time to vote” is defined as not having four consecutive hours off between when the polls open and the beginning of a work shift or four consecutive hours off between the end of a work shift and when the polls close. Employees needing time off to vote must provide their employers with not more than 10 nor less than two working days’ notice prior to the day of the election. For the upcoming November 3 general election, this means that for workplaces with a Monday through Friday workweek, employees must provide notice to their employers at any time from October 20 through October 30. For workplaces with a seven-day workweek, employees must provide notice to their employers from October 24 through November 1.
Employers must provide the employee with an amount of paid time off (up to a maximum of two hours) that, when added to the employee’s voting time outside of the work day, will enable the employee to vote. Employers cannot require the employee to substitute personal or any other form of leave time to vote, but an employee may request to do so in order to have more time off to vote than the maximum allotted pursuant to the Law.
In addition, beginning at least 10 working days prior to an election, and through when the polls close, employers must conspicuously post a copy of Election Law Section 3-110 in the workplace where it can be seen as employees come or go. For example, for the upcoming November 3, 2020 general election, workplaces with a Monday through Friday workweek must have the posting up from October 20 through when the polls close on November 3. The Law does not apply to early voting periods.
The New York State Board of Elections has a sample poster available at: https://www.elections.ny.gov/NYSBOE/elections/TimeOffToVoteNotice.pdf.
If you have any questions regarding the Law’s paid time off or posting requirements, please contact Lauren Schnitzer or one of our other attorneys by calling 631-694-2300.
THIS MEMORANDUM IS MEANT TO ASSIST IN GENERAL UNDERSTANDING OF THE CURRENT LAW. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. THOSE WITH PARTICULAR QUESTIONS SHOULD SEEK THE ADVICE OF COUNSEL.
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© Lamb & Barnosky, LLP 2020