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Paid Leave to Vote

Legislation enacted in April 2020 (Chapter 55, Laws of 2020) amended the Election Law 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.

Specifically, Section 3-110 of the Election Law was amended to allow employees who are registered voters, and who do not have sufficient time to vote outside of their working hours, to take off an amount of time, which when added to the voting time available outside working hours, will enable them to vote in an election. Four consecutive hours either between the opening of the polls and the beginning of employee’s shift, or between the end of employee’s shift and the closing of polls, is considered sufficient time to vote. If employee’s require time off to vote, they must notify the agency not more than ten nor fewer than two working days before the day of election.

The benefit is immediately available and applies to any general election, special election called by the Governor, primary election, or municipal election. There is no cap on the number of elections per year an employee may request Time Off to Vote. Time off to vote is not available for school or library elections.

  1. A registered voter may, without loss of pay for up to two hours, take off so much working time as will enable him or her to vote at any election.
  2. The employee 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.
  3. If the employee requires working time off to vote the employee shall notify his or her employer not less than two working days before the day of the election that he or she requires time off to vote in accordance with the provisions of this section.

Proof of voter registration or proof that an employee actually voted is NOT required.