Voting Leave Law

New York State amended the Election Law (April 2020, Chapter 56, Laws of 2020) to allow employees to take up to two hours of paid leave to vote in any election in New York State when the employee does not have sufficient time to vote before or after their work shift.

The following criteria should be followed to ensure compliance:

1. Employees are allowed to take up to two hours of paid leave to vote in any election in New York State when the employee does not have sufficient time to vote before or after their work shift. Note - If the employee has four consecutive hours either between the opening of the polls and the beginning of the employee's work shift, or between the end of their work shift and the closing of the polls, the employee is deemed to have a sufficient amount of time to vote.

2. The employee must request the time off two working days (no more than ten days) before the day of the election.

3. This benefit is available immediately and applies to any general election, special election called by the Governor, primary election, or municipal election.

   Time off to vote is not available for school or library elections.

4. The leave must be scheduled at the beginning or end of the employee's shift unless a mutually agreed upon time is arranged. Whether leave to vote occurs at the beginning or end of the work shift is at the supervisor's discretion and based on operational needs.

   Managers may have a discussion with employees to reduce the number of hours of leave, if there is an operational need. However, this should not be the "practice" established by the departments.

5. Department managers shall not require proof of registration to vote or proof that the employee actually voted.

6. If the employee is not scheduled to work on Election Day, they would not be entitled to take the 2 hours 'working time off' to vote for that day.

7. Time Reporting Note - CSEA/PEF/NYSCOPBA/PBANYS employees taking time off to vote must note 'Voting Time' on their time sheet for the date of the election. UUP/MC employees who take time off to vote must choose the accrual type VOT (Voting Time) in the Solar Time Reporting System.