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As we approach the November 2019 elections, New York employers may want to keep in mind the state’s recently amended Election Law, which entitles employees to time off to vote. Since April 2019, all employers have been required to provide their New York employees who are registered voters with up to three hours of time off to vote without loss of pay. The time off to vote must be given at the beginning or end of an employee’s working hours, unless the employer and employee agree otherwise. An eligible employee seeking to take such time off must notify his or her employer at least two working days before the election.

Employers may also want to be aware of the posting requirements: New York employers are required to post the information concerning the protections of Section 3-110 of the Election Law where employees can see it as they arrive at and depart from work. The notice must be posted at least 10 working days before every election and remain up until the polls close. A sample notice is available here.

With the November elections just a few weeks away, now is the time for employers to consider reviewing (and revising as needed) their handbooks, voting leave policies, and election notices to ensure they comply with New York law.

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