2020 Update to NYS Election Law § 3-110

2020 Update to NYS Election Law:

Previously, in 2019 the Election Law was amended to permit employees to take up to four (4) hours of paid leave to vote.

Election Law § 3-110 as amended in 2020 reduced this time and re-instated previous limitations for employees with adequate time before or after their shift within which to vote. The new law permits registered voters, to take up to two (2) hours of paid time off to vote in an election, but only if the employee does not have a four-hour block within which to vote from the opening of the polls until the start of their workday, or from the end of their workday until the close of the polls.

NOTE: The employer may designate whether that employee takes the time off at the beginning or end of their shift, unless both parties mutually agree otherwise.

In order to qualify for this leave and employee must:

  • not have sufficient time outside of his or her scheduled working hours to vote,
  • be a registered voter, and;
  • must notify the employer not less than two (2) days prior to the day of the election, and no more than ten (10) days before the election, that he or she requires time off to vote.

An obligation on the employer:

  • at least ten (10) working days before the day of the election, post a notice setting forth the provisions of this law, which will remain posted until the close of polls on election day.

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