Time Off to Vote Reminder: 2025 New York City General Election

by Hannah R. Brefeld

As the 2025 New York City General Election approaches, many New Yorkers have been weighing their choices and speculating on the mayoral election outcomes.  The General Election is slated for November 4, 2025, with early voting already in effect. In a mayoral race that has captured national attention, Assemblyman Zohran Mamdani, the Democratic nominee; former Governor of New York, Andrew Cuomo, running as an Independent (after conceding to Mr. Mamdani in the Democratic primaries last June); and Curtis Sliwa, the Republican nominee; all seek the coveted Mayoral seat of the nation’s most populous city.

If you are still deciding on who and what to vote for, but are concerned about making it to the polls on election day, do not fret – New York State Election Law §3-110 has you covered. This law allows employees who do not have “sufficient time” to vote outside of working hours to take up to two hours of paid leave at the beginning or end of their shift to cast their ballot. §3-110 defines sufficient time as any period of four consecutive hours. For example, on November 4th, polls are generally open from 6:00 a.m. to 9:00 p.m. Thus, if you work from 9 a.m. to 6 p.m., this only leaves you with three hours (instead of the mandated four) to vote outside of work. As a result, you may exercise your two-hour paid leave either before or after work.

Furthermore, your employer cannot require you to use any leave time to exercise your right to a two-hour absence to vote. This is voting time, separate and different from PTO or other forms of leave. Employees, however, must request this time out at least two working days in advance of an election, preferably in writing. The statute makes a note to refer to a “working” day instead of a “business” day as it aims to encourage those with nontraditional work week schedules to exercise their voting time as well. For instance, if you work Friday through Tuesday, and election day is on a Tuesday, you can notify your employer up to the Saturday before the election. For those with a typical Monday through Friday shift, however, the latest day to request voting time is Friday, October 31, 2025, for the upcoming New York City General Election.

This allocated voting time does not apply to early voting; it only applies to the scheduled election date, in this case, Tuesday, November 4, 2025. The employee must also be a registered voter in the election. The law does not differentiate between remote and in-office employees.

If you are an employer or business, you must post a notice of the employee’s right to take voting time at least 10 working days prior to every election, and the notice must remain posted until the close of the polls.

Your right to vote is protected, and taking time off to cast your ballot is fully safeguarded by New York State law. Exercise your most basic civil duty and go vote!

This article is intended as a general discussion of these issues only and is not to be considered legal advice or relied upon. For more information, please contact RPJ Associate Hannah R. Brefeld who counsels clients on employment, contract claims, dispute resolution and litigation, and entertainment and media law. Ms. Brefeld is admitted to practice law in Michigan and New York.