The 2020-2021 Financial Budget signed into law by Governor Andrew Cuomo on April 3, 2020, amended last year’s expanded New York Paid Voting Leave Law. The amendments essentially return the law to its pre-2019 form and will come as a relief to many employers.
New York Paid Voting Leave Allowance
In 2019, the Legislature required all New York employers to provide employees up to three hours to vote in any election.
The 2020 amendments return to the previous allowance of only two hours. Moreover, the paid leave is once again available only if the employee does not have 4 consecutive hours to vote outside of work hours.
These changes will dramatically reduce the number of employees eligible to take leave under the law.
Requesting Time Off To Vote
An employee who does not have 4 consecutive hours before or after work in which to vote may request up to 2 hours of paid time off on an election day. However, such employees must submit the request no less than 2 and no more than 10 days before the election.
Notice of Employee Rights
New York employers are still required to post a conspicuous notice containing the provisions of the paid voting leave law at least 10 days prior to any election. The notice should be in a location where all employees can easily view it. The notice must remain up until the polls close on Election Day.
Employers can most easily ensure compliance by leaving the notice posted at all times.
Click here for a copy of the law for posting.
Covered Elections
The paid voting leave law applies to all elections in New York where voters nominate or elect people to any federal, state, county, city, town, or village office. This includes primary elections, but does not include school board elections.
Update Your Policies and Postings
Employers should review and update any applicable company policies. You must also update your employee rights notices under the New York Paid Voting Leave Law, which now must contain the amended language.
Failing to provide an eligible employee with time off to vote or to compensate an employee for taking time off to vote is punishable as a criminal misdemeanor.