Gone is the requirement that an employee establish that he/she does not have at least four consecutive hours to vote before or after work in order to be eligible for paid voting leave. Instead, all employees may request up to three hours of paid time off to vote, regardless of their work schedules, as long as the request is made at least two working days prior to the election. An employer may not deny the request but may designate that the voting leave time be taken at the beginning or end of the employee’s shift.

The New York State Board of Elections has issued an updated notice that must be posted conspicuously in the workplace at least ten (10) business days prior to any election. Given that there is a NY State primary election on June 25th, we recommend that all employers post the updated notice ASAP. Employers should also revise the voting leave policies in their employee handbooks and policy manuals to reflect the amended leave entitlement.