[co-author: Myles Moran, Sumer Associate*]

As part of New York State’s fiscal year 2020 budget, Governor Andrew Cuomo has announced an amendment to Section 3-110 of the state election law providing all New Yorkers with three hours paid time off to vote on any election day.

The amendment, available here, allows any New York employee who is registered to vote to request up to three hours paid time off to vote, so long as the request is made at least two working days prior to the election. Employers may designate that time off requested must be taken at the beginning or end of an employee’s shift. Employers must also post a notice informing employees of the provisions of Section 3-110 ten working days prior to every election. A model notice is included in the link to the text of the amendment. The notice must remain up until the close of polls on election day. The amended section contains no exceptions.

This amendment is effective immediately. New York employers should review their time off policies to make sure they are in compliance and comply with the posting requirement in a timely manner prior to election dates.

*Myles Moran is a Sumer Associate in the New York office.