The Daily Bulletin Archive

Chapter 55 of the Laws of 2020 amended 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 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. This includes general elections, special elections called by the governor, primary elections, and town and village elections, but not 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.

Employees who have four consecutive hours either between the opening of the polls and the beginning of their working shift, or between the end of their working shift and the closing of the polls, shall be deemed to have sufficient time outside their working hours to vote. Employees who have fewer than four consecutive hours may take off so much working time as will, when added to their voting time outside their working hours, enable them to vote, but not more than two hours of which shall be without loss of pay, provided that they shall be allowed time off for voting only at the beginning or end of their shift, as the employer may designate, unless otherwise mutually agreed.

Employees must provide their supervisors with at least two 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 shall be determined at the employer’s discretion and based on the operating needs of the department or college. 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.

Please contact Carey Seneca, interim manager of recruitment and classification, with questions.