With Election Day approaching, New York employees may be entitled to two hours off with pay.

New York State has a law on the books that allows employees to take paid time off to vote, but there are some important rules about who qualifies and how far in advance workers need to notify their employers.

Melissa Sue Gerrits, Getty Images
Melissa Sue Gerrits, Getty Images

Who Can Take Two Paid Hours Off to Vote in New York?

According to the New York State Board of Elections, registered voters who don't have enough time outside of work to cast their ballots can receive up to two hours of paid leave.

Under state law, employees must have at least four consecutive hours available to vote, either before their shift begins or after it ends. For example, someone working from 9am to 5pm would not qualify for paid time off because polls are open until 9pm, giving them four hours to vote after work.

However, someone working from 9am to 6pm would qualify because they only have three hours available before work and three hours after their shift.

The law allows those employees to take enough time off to vote, with up to two hours of that time paid by their employer.

David Becker, Getty Images
David Becker, Getty Images

How to Claim Your Two Hours Off of Work

Employees who want to take advantage of the law can't just walk out of the door on Election Day. New York requires workers to notify their employer at least two working days before the election, but no more than ten working days in advance.

Employers can also decide whether employees take the time off at the beginning or end of their shift, unless both parties agree to another arrangement.

The law also prohibits employers from requiring workers to use vacation days, personal time or other earned leave to cover their paid voting time.

Sean Rayford, Getty Images
Sean Rayford, Getty Images

Employers Are Required to Notify Workers

Another part of the law that some Hudson Valley workers may not realize is that employers are required to post information about voting leave rights.

The notice must be displayed in a visible location at least ten working days before an election and remain posted until polls close.

Employees who believe they're being denied paid voting leave are encouraged to first discuss the law with their employer. They can also contact the New York State Attorney General's Office at 1-866-390-2992.

Early voting in New York started on Saturday and runs through November 1. Election Day is on Tuesday, November 3.

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