In an announcement about New York’s budget for fiscal year 2020, New York Governor Andrew Cuomo highlighted, among other things, an amendment to Section 3-110 of New York’s Election Law mandating three hours of paid time off for all New Yorkers to vote on election day.

Under the amendment, which is effective immediately, all New York employees who are registered to vote may request up to three hours of paid time off to vote, regardless of their work schedules, as long as the request is made at least two working days before the election.  New York employers may designate that any requested time be taken at the beginning or end of the employee’s shift.  Employers also must post a notice at least ten days in advance of an election to inform employees of the provisions New York Labor Law § 3-110. The notice must remain posted until the close of the polls on election day. Section 3-110 does not set forth any exceptions.

Employers with employees in the State of New York should review their time off policies to ensure compliance and should also ensure timely compliance with the posting requirement.