With Election Day rapidly approaching, and the ability to vote quickly and safely in question due to COVID-19 concerns and precautions, employers in New York State should be prepared for more employees than normal to request time off to vote on Election Day. Despite the options for early in-person or mail-in voting, many individuals may wait until Election Day to cast their votes in person at the polls.
Remember that New York state law requires employers to provide employees who do not otherwise have four (4) consecutive hours in which to vote before or after work with up to two (2) hours of paid voting leave at the beginning or end of their regularly scheduled workday (unless another time is mutually agreed upon).
New York employers are also required to conspicuously post the required voting leave notice (which can be accessed here) in the workplace at least ten (10) days prior to Election Day, and the notice must remain posted until the close of the polls on Election Day. In light of the fact that many employees are currently working remotely, employers should consider distributing this notice to all employees via email or other electronic means in order to meet their obligation to “conspicuously post” the notice.
