Effective 4/1/2020, Chapter 55 of the Laws of 2020 amended the New York Election Law §3-110 which allows employees who are registered to vote in New York, and who do not have sufficient time to vote outside of their working hours, to take up to two (2) hours of paid leave at the beginning or end of their working schedule, as the employer may designate, to vote in any election in New York State, including general elections, special elections called by the Governor, primary elections, town and village elections, but not to school or library elections. Additional time off for employees who are covered by the Attendance Rules should be charged to vacation, overtime compensatory time credits or personal leave, as approved by the employer.
If an employee has four consecutive hours either between the opening of the polls and the beginning of his or her working shift, or between the end of his or her working shift and the closing of the polls, he or she shall be deemed to have sufficient time outside his or her working hours within which to vote. If he or she has less than four consecutive hours he or she may take off so much working time as will, when added to his or her voting time outside his or her working hours enable him or her to vote, but not more than two hours of which shall be without loss of pay, provided that he or she shall be allowed time off for voting only at the beginning or end of his or her working shift, as the employer may designate, unless otherwise mutually agreed.
Employees must provide their supervisors with at least two (2) working days’ notice of the leave request. Whether the leave is to be taken at the beginning or end of the employee’s regularly scheduled work shift is to be determined at the employer’s discretion and based on the operating needs of the department or university. While up to two hours of leave with pay is available for every election, not every employee’s situation will require the full two hours’ allotted leave.
Proof of voter registration or proof that an employee voted is not required.
Once the leave request is approved, employees should record the non-chargeable leave on their attendance record.
Resources: Board of Elections FAQ's and Attendance Leave Manual Policy Bulletin