Businesses operating in the state of New York must adhere to certain requirements regarding time off to vote. According to New York Voting Leave, employers must grant Paid Time-Off (PTO) to employees in order to vote in state and federal elections. Here is everything you need to know about time off to vote in New York State.
New York State Voting Leave Overview
Compliance with New York Leave Laws and New York Labor Laws is no easy task, as there are many different areas of employee leave in the state.
One type of leave that employers must grant employees, is time off to vote.
It is important to be aware of requirements in New York, to avoid hefty New York Labor Law Penalties and Fines.
Time Off to Vote in New York
According to New York State Voting Leave Rights, employers must provide up to two (2) hours of PTO to enable an employee time to vote when they do not have “sufficient time to vote". An employer may NOT require employees to use other forms of PTO to vote.
Employees must give at least two (2) working days' notice prior to their intention to take paid time off to vote, but not more than ten (10) working days.
NOTE: Working days ARE NOT the same as business days. Generally, there is no definition under the law for what defines a "working day". However, employers should consider a working day as "any day that the employer is operating and/or open for business" per the New York State Election website.
What is "Sufficient Time to Vote"?
An employee is deemed to have “sufficient time to vote” if the employee has four (4) consecutive hours to vote either from the opening of the polls to the beginning of their shift, OR four (4) consecutive hours between the end of a working shift and the closing of the polls.
How Much PTO Can Employees Take?
Employees must be given up to 2 hours of PTO, so that they may have sufficient time to vote (4 hours).
Important to note is that if just one (1) hour of PTO will grant an employee four (4) total hours of sufficient time to vote, then an employer is not required to offer any additional PTO beyond that single hour. An employer may also grant more than two (2) hours to vote, however, is only required to compensate the employee for the first two (2).
It is also important to understand that the amount of PTO required for an employee to vote should be determined on a case-by-case basis as
waiting times at polling places, traffic conditions, and other factors may vary wildly.
New York Voting Leave Posting Requirements
Employers are required to post the New York State voting notice no less than ten working days before every election in a conspicuous place of work where it can be seen by all employees. The voting notice must be kept posted until the close of the polls on election day. However, employers may leave the poster up year-round.
For employers that have remote employees in New York State, you may share the notice via email or on your company Intranet.
Get Help with New York Leave Management
Managing leave in New York is no easy task. From managing things such as New York State Sick Leave, to local leave laws, to things like voting leave, you either need the time or the resources to manage leave effectively.
With our Timekeeping Solution, businesses can easily track and manage leave requests, no matter the type, so they can get back to tackling more important and strategic tasks.
To learn more about how our solution can help with New York Leave Management, contact us today.
