Do You Get Time Off to Vote in New York City?

Election day for the 2022 general election is coming up quickly. In New York City, polls are open from 6 AM until 9 PM on November 8, 2022. While this gives many people enough time to vote before or after work, some employees may find themselves running late for work or not having enough time to make it to the polls at the end of the day. Voting is an important part of our democracy and allows you to have your voice heard, so you shouldn’t have to worry about not having time during the work day.

Employees in New York have many rights and protections in the workplace, including receiving the necessary time off to vote in primary and general elections. Do you know what the state’s laws regarding time off to vote are? Learn more about what time you’re entitled to on election day.

Who Receives Time Off for Voting in New York?

New York State provides employees with time off to vote when their work schedules do not provide them with “sufficient time to vote.” Employees are considered to have sufficient time if they have four consecutive hours during the day. This can be four hours between when the polls open and the start of their shift or four hours between the end of their shift and when the polls close. Employees who do not have sufficient time off to vote may receive paid time off to do so.

How Much Time Off Do You Get to Vote?

If any employee in New York doesn’t have sufficient time to vote, they can receive up to two paid hours to do so. How much time each employee needs to take off to vote should be determined on a case-by-case basis, as how much time each person needs can vary significantly. Additionally, employers cannot require employees to use their personal time. Employers can also determine if employees can take time off at the beginning or end of their shifts to vote.

How Do You Request Time Off to Vote?

If you don’t have sufficient time to vote on election day and are concerned you won’t be able to cast your vote, you need to discuss this in advance with your employer. Under Section 3-110 of the New York State Election Law, employees who do not have sufficient time to vote must notify their employer at least two working days before election day. Employees cannot notify their employer more than 10 days before the election.

Employee Rights Violation? Contact Brown Kwon & Lam

While employees in New York State and New York City are afforded many rights, employers do not always respect them. Many employees may also not know what workplace rights they’re entitled to. If you suspect that your rights have been violated at work, don’t allow it to go by unaddressed. At Brown Kwon & Lam, we handle a range of employee rights cases and have helped many New York City employees fight for the fair treatment they deserve.

If your employer has violated your employee rights, do not hesitate to contact us.

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