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New York State Election Day Law – Memo 10-16-12

As a reminder, under Article 3, Title 1, Section 3-110 of the New York State Election Law, employees are allowed to take “sufficient time” on election day as is necessary to allow them to vote. It has been determined that four consecutive non-working hours while the polls are open is “sufficient.” However, if the employee has four consecutive free hours either between the opening of the polls (6 a.m.) and the beginning of work or between the end of work and the closing of the polls (9 p.m.), the employer is not required to provide any additional time off. Employers are only required to pay employees for up to two hours of their time in the event that there is insufficient time.

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