Election Day Reminder for New York Employers: Your Employees May Be Entitled to Time off to Vote

October 2016

With the 2016 elections fast approaching, New York employers should be reminded that they are obligated to allow employees time off from work to vote.

New York law requires employers to provide their employees with two (2) hours of paid time off to vote as follows:

  • New York employers must allow employees to take up to two (2) hours of paid time off, at the beginning or end of their shift, to vote if they do not have sufficient time outside of their work hours to vote. “Sufficient time” is defined as four (4) consecutive hours either between the opening of the polls and the beginning of an employee’s shift or between the end of an employee’s shift and the closing of the polls.
  • Employees must notify employers of the need for time off not more than 10 days and not less than two days before Election Day.
  • New York employers are required to post a notice setting forth these rights at least 10 days prior to every election, in accordance with the New York State Election Law. New York employers should post the notice in a conspicuous place immediately, if they have not already done so. Such notice can be removed after the polls close on Election Day.

For more information on this issue or other employment matters, please contact:

Mara B. Levin at [email protected] or +1 212 592 1458
Carol M. Goodman at [email protected] or +1 212 592 1465

© 2016 Herrick, Feinstein LLP. This alert is provided by Herrick, Feinstein LLP to keep its clients and other interested parties informed of current legal developments that may affect or otherwise be of interest to them. The information is not intended as legal advice or legal opinion and should not be construed as such.