THE PRIMARY ELECTION IN NEW YORK STATE IS JUNE 28, 2022: New York Employers – Provide Notice to Employees of the Right to Take Voting Leave

Follow us on LinkedIn to see future News.

Patricia Tsipras

June 7, 2022

New York State’s Primary Election Day is Tuesday, June 28, 2022.  Polls are open from 6:00 a.m. to 9:00 p.m.  At least ten workdays prior to this election (or any other New York election), employers must conspicuously post a notice informing employees of their right to take leave to vote (two hours of which will be paid).  The notice must remain on display until the close of the polls on Election Day.

Employees are entitled to leave only if they have fewer than four consecutive hours either between the opening of the polls and the beginning of their work shift, or between the end of their work shift and the closing of the polls.  Employees may take leave only at the beginning or end of their work shift, at the employer’s discretion, unless another time is acceptable to both parties.  Employees who require voting leave must notify their employers not more than ten workdays, nor less than two workdays, before the election.

See New York State Election Law, Section 3-110.

*Special thanks for Zach Liebesman, our intern from the University of Vermont, for his contributions to this article.

The author of this article, Patricia Tsipras, is a member of the Bar of Pennsylvania.  This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in Pennsylvania, New York, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist.  Always consult an attorney with specific legal issues.