Original Post Date: May 13, 2019

In early April 2019, New York State updated requirements for employers and employee voting leave throughout the state.  With these changes, there are policy (if your organization has a policy regarding voting) and posting changes to consider.  Pennsylvania laws have not changed (as of yet).  Below is the information in both states:

April 2019 Changes in New York Voting Leave Laws:

  • 3-110. Time allowed employees to vote.
  1. “A registered voter may, without loss of pay for up to three 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.
  4. Not less than ten working days before every election, every employer shall post conspicuously in the place of work where it can be seen as employees come or go to their place of work, a notice setting forth the provisions of this section. Such notice shall be kept posted until the close of the polls on election day.”[i]

Current State of Pennsylvania Voting Leave Legislation:

  1. “Time off Allotted: The statute does not provide for any period of leave. It is unlawful for a person to use force, violence, restraint, or to inflict or threaten to inflict injury, damage, harm or loss on a person to induce or compel such person to vote or refrain from voting.”[ii]

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New York State Posting Requirements:

Attention All Employees

Time Allowed

Employees to Vote on Election Day N.Y.

Election Law Section 3-110i

  • As a registered voter, you may take off up to 3 hours, without loss of pay, to allow you time to vote.
  • You may take time off at the beginning or end of your working shift, as your employer may designate, unless otherwise mutually agreed.
  • You must notify your employer not less than 2 days before the day of the election that you will take time off to vote.

Rev 04.19.2019

i Employers: Not less than ten working days before any Election Day, every employer shall post conspicuously in the place of work where it can be seen as employees come or go to their place of work, a notice setting forth the provisions of this law. Such notice shall be kept posted until the close of the polls on Election Day

New York State Election Law PDF

It is now recommended to keep the posting up all year near labor and employment law postings, due to the different voting dates that occur at the local, county, state and federal level.  Ensure you have the correct postings in your organization, where employees can see the posting; breakroom, near the time clock, etc.  Keeping it posted is easier than reviewing voting dates throughout the area and setting reminders to post.

New York State Draft Organizational Policy (this is an example):

“Organization ________believes that it is the responsibility and duty of employees to exercise the privilege of voting in elections. In accordance with this philosophy, the company will grant its employees approved time off to vote, as required under New York State law.

Time Off for Voting:

All employees should be able to vote either before or after regularly assigned work hours.”[i]

  • As a registered voter, you may take off up to 3 hours, without loss of pay, to allow you time to vote.
  • You may take time off at the beginning or end of your working shift, as your employer may designate, unless otherwise mutually agreed.
  • You must notify your employer not less than 2 days before the day of the election that you will take time off to vote.

State of Pennsylvania Draft Organizational Policy (this is an example):

“Organization ________believes that it is the responsibility and duty of employees to exercise the privilege of voting in elections. In accordance with this philosophy, the company will grant its employees approved time off to vote if necessary due to work schedules.

Time Off for Voting:

All employees should be able to vote either before or after regularly assigned work hours. However, when this is not possible due to work schedules, managers are authorized to grant a reasonable period of time, up to three hours, during the work day to vote. Time off for voting should be reported and coded appropriately on timekeeping records.”[ii][iii]

[i] https://www.shrm.org/resourcesandtools/tools-and-samples/policies/pages/cms_009836.aspx

[ii] https://www.shrm.org/resourcesandtools/tools-and-samples/policies/pages/cms_009836.aspx

[iii] Burr Consulting, LLC Article 11.2018

[i] https://www.nysenate.gov/legislation/laws/ELN/3-110

[ii] https://www.dorsey.com/~/media/files/newsresources/publications/2008/10/employee-time-off-on-election-day-a-statebystate__/files/election-guide/fileattachment/election-guide.pdf

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