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Time Off for Voting Rules in New York

Filed under Managing the Workplace. Fact checked on May 25, 2012.

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New York employers must provide employees with time off to vote in accordance with these state rules.

If a registered voter in New York does not have sufficient time outside of working hours to vote at any election, that person may take off the amount of working time that, when added to voting time outside working hours, will allow enough time to vote.

Paid time off rules: Of the time taken off to vote, up to two hours may be taken without loss of pay. Time off to vote must be taken at the beginning or end of the person's work shift unless otherwise mutually agreed upon between the employee and employer.

Advance notice requirements: An employee who needs time off to vote shall notify the employer no more than 10 nor less than two working days before election day that time off is required.

Amount of time off allowed: Of the time taken off to vote, up to two hours may be taken without loss of pay.

When time off not allowed: If an employee has four consecutive nonworking hours when the polls are open, the employee has sufficient time outside of work to vote.

Posting requirements: Not less than 10 working days before every election, every employer must post a notice setting forth the provisions of the time-off-to-vote law in a conspicuous place. The notice must remain posted until the polls close on election day.

Employer penalty for violation: Fine of $100 to $500 and/or jail up to 1 year (first offense). Corporations also face forfeiture of charter.

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