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By Douglas Lipsky
Partner

The 2024 election is upon us, and if you’re like many New Yorkers, you’re ready to head to the polls. But with work, commutes, and busy schedules, you might wonder: Do you get time off to vote in New York City? The answer is yes, but there are a few details you should know to make sure you’re prepared for Election Day.

New York’s Voting Time Off Law

In New York, employers are legally required to give employees time off to vote. But the specifics can vary depending on your situation.

  • Two Hours of Paid Time Off: If you don’t have sufficient time to vote outside your regular working hours, New York law entitles you to up to two hours of paid time off. “Sufficient time” generally means that you have four consecutive hours either before or after your shift when the polls are open.
  • Poll Hours in NYC: In New York City, polls are typically open from 6 AM to 9 PM on Election Day. So if your work schedule doesn’t leave you at least four consecutive hours to vote while the polls are open, you can request time off.

It’s important to remember that the time off is only for voting, so plan accordingly!

How to Request Time Off

Getting time off to vote is pretty straightforward, but there are a few steps you should follow to make sure everything goes smoothly.

  • Notify Your Employer in Advance: To qualify for paid time off, notify your employer at least two working days before Election Day. It’s a simple process—just let your supervisor or HR know you’ll need time off to vote.
  • Coordinate with Your Employer: While you’re entitled to time off, your employer can choose when you take that time. They might prefer you to vote at the start or end of your shift, so be prepared to coordinate.

Don’t wait until the last minute to ask for time off! A quick heads-up will ensure everything goes smoothly and help your employer plan around your absence.

Making the Most of Your Time Off

Now that you know you’re entitled to time off, it’s time to make a plan for Election Day. Whether you’re voting before, during, or after your shift, it’s a good idea to be prepared.

  • Know Your Polling Location: Make sure you know where your polling place is ahead of time. You don’t want to waste your valuable time off driving around trying to find it!
  • Check Voting Requirements: Bring any necessary identification, and double-check the voting requirements in your area. While New York generally doesn’t require ID to vote, it’s always a good idea to be prepared, especially if it’s your first time voting in a new location.
  • Avoid Long Lines: If possible, try to vote during non-peak hours, like mid-morning or mid-afternoon. Avoiding the early morning and evening rush can save you time and frustration.

Taking a little time to plan can help make your voting experience smooth and stress-free.

What Happens If You Don’t Get Time Off?

While New York law is clear about your right to time off to vote, some people may still face challenges when requesting it. If you believe your employer isn’t following the law, there are steps you can take.

  • Start with a Conversation: In many cases, a simple conversation with your employer can resolve the issue. Sometimes, employers just need a reminder that the law entitles you to time off.
  • Know Your Rights: If your employer refuses your request, it’s important to understand your legal rights. You can contact the New York State Department of Labor for assistance or file a complaint if necessary.
  • Don’t Be Afraid to Take Action: While standing up to your employer might feel intimidating, remember that voting is a fundamental right, and the law is on your side.

Most employers will follow the law without issue, but knowing your rights can give you confidence if problems arise.

Taking Time Off to Vote Is Worth It

Taking time off to vote might feel like a hassle, especially if you’re juggling a busy schedule, but it’s worth it. If you’re worried about squeezing it in, remember that you have the right to paid time off. Just give your employer notice, make a plan, and get to the polls on Election Day. Need more info about your rights? Lipsky Lowe can help. Contact us if you have any concerns about your workplace or your right to vote.

About the Author
Douglas Lipsky is a co-founding partner of Lipsky Lowe LLP. He has extensive experience in all areas of employment law, including discrimination, sexual harassment, hostile work environment, retaliation, wrongful discharge, breach of contract, unpaid overtime, and unpaid tips. He also represents clients in complex wage and hour claims, including collective actions under the federal Fair Labor Standards Act and class actions under the laws of many different states. If you have questions about this article, contact Douglas today.