YOU HAVE TIME TO VOTE! Understanding New York’s Paid Time Off for Voting in 2024

As Election Day approaches, it’s crucial for every worker in New York to understand their rights regarding paid time off to vote. Exercising your democratic right should never be hindered by long work shifts, childcare responsibilities, or long commute times. This blog post will clarify your rights, how to ensure you can vote, and provide a handy chart to keep track of deadlines — especially for those with non-traditional work weeks.

In New York, if you need time to vote, you are entitled to take up to two hours of paid time off from your job, provided that you meet certain criteria.

1. Eligibility

If you do not have sufficient time to vote outside of your working hours, you are eligible. “Sufficient time” means four consecutive hours between the opening of the polls and the start of your work shift, or four consecutive hours between the end of your work shift and the closing of the polls.

Here’s how it works:

If your work schedule is from 9am to 5pm, and the polls are open from 6am to 9pm, then the employer does NOT have to provide you with paid time off to vote.

But if your shift is from 9am to 6pm, you are entitled to paid time off to vote because the polls are only open for three consecutive hours after your shift ends. Thus, the employer MUST provide you up to two hours of paid time off in order to vote. This is not PTO or vacation or sick time. This is voting time.

2. Notification

You must notify your employer at least **two working days** before Election Day if you need time off to vote. This notification should ideally be in writing.

Employees looking for paid voting time must notify the employer at least two working (business) days prior to actually taking the time. Employees should not provide the notification more than ten days prior to the needed time.

For the November 5 election, here are the notification timelines:

This is a notoriously tricky area of law so DO NOT RELY on the first or last days listed in this chart!!! Play it safe and notify in the middle of the notification window!!!

3. Employers’ Obligations:

Employers are required to provide employees with the time they need to vote, but they are allowed to designate when that time off can be taken. They cannot penalize you for taking this time off to exercise your voting rights.

How to Protect Your Paid Voting Leave

A. **Plan Ahead**: Make your voting plan early. Know your polling location, and check your voter registration status to avoid any last-minute issues.

B. **Document Your Request**: When you notify your employer, consider doing it in writing. This can help protect your rights and provides documentation should there be any disputes.

C. **Stay Informed**: Keep abreast of any potential changes to polling hours or regulations as Election Day approaches.

D. **Know Your Rights**: Familiarize yourself with your state’s voting rights laws, and don’t hesitate to stand up for your rights. If you feel that your employer is preventing you from voting,             you may report this to your local election office.

If you are concerned that your employer may give you a hard time trying to get paid voting time, contact a reputable New York workplace attorney. Now, get out there and VOTE!