New York Provides Employees With Additional Paid Time Off to Vote

On April 1, 2019, as part of New York State Gov. Andrew M. Cuomo’s “broadest, most sweeping [Fiscal Year 2020] state budget,” employees were granted additional paid time off to perform a fundamental civic duty — vote in an election.

Effective April 1, under revised NY Election Law § 3-110, an employee who is a registered voter may take off time from work without loss of pay for up to three hours to vote in any election, provided the employee notifies their employer at least two working days prior to the election that the employee requires time off to vote in accordance with the new law. The employer may designate that the employee take time off to vote either at the beginning or end of the employee’s work shift. 

Previously, the Election Law provided an employee with up to two hours paid time off to vote if they did not have four consecutive hours in which to vote (i) between the opening of the polls and the beginning of the employee’s work shift, or (ii) between the end of the employee’s work shift and the closing of the polls.

The recent amendment left intact the requirement that employers post a notice in a conspicuous place describing employees’ rights under the law, at least ten working days before every election until the close of polls on election day.

Employers in New York State should ensure that managers and human resources professionals are aware of the law’s new requirements. Additionally, employers should review and revise existing voting paid time off policies and Election Law notices to reflect the changes under the new law. 

For questions or concerns regarding compliance with NY Election Law § 3-110, please contact a member of Kramer Levin’s Employment Department.