As part of the New York fiscal year 2020 budget announced April 1, 2019, Election Law Section 3-110 was immediately amended to allow workers to take up to three hours off of work, without loss of pay, in order to vote in any election.
In a significant change from the prior law, the employee need not establish insufficient time to vote during off hours in order to take advantage of voting leave (previously, most employees were not able to show insufficient off hour time). However, nothing in the law entitles employees to more time than needed to vote. Also, employees need to request the voting leave at least two business days prior to the election, and the employer may require that the time be taken at the beginning or end of the work shift.
As always, please contact us with any questions about this law or the myriad and ever-changing labor and employment law landscape here or call us at 585.258.2800.