On April 1, 2019, the New York Election Law was amended. Effective immediately, all employers must provide New York employees who are registered voters with up to three hours’ time off at the beginning or end of their shift, with pay, to vote. Registered voters must request time off to vote at least two working days before the election. Previously, the law provided that if an employee had four consecutive hours either between the opening of the polls and the start of his or her shift, or between the end of his or her shift and the closing of the polls, the employee would be considered to have had sufficient time to vote and was not entitled to paid time off to vote. Under the amended law, the presumption that an employee is not entitled to paid time off to vote if he or she has four consecutive hours outside of work time to vote is eliminated. Employees are guaranteed requested time off for voting.
Under the New York Election Law, Title 1, Section 3-110(4), employers in the state of New York are required to post the Time Off to Vote poster 10 days prior to the election day until the polls close.