With November elections just a month away, it is a good time for employers to review relevant policies and legal obligations for employees who seek time off to vote or otherwise participate in the election process.
Under Wisconsin law, upon the request of an employee, employers must provide employees who are eligible to vote in a public election up to three (3) consecutive hours off work during polling hours. An employee who plans to take time off to vote must notify their employer before election day, and the employer may designate the time of day for the absence (for example, at the start or end of a shift or workday). An employer need not pay an employee for time off to vote, and it may not penalize the employee in any way for taking that time off.
An employee who wishes to participate in the election process as a registered poll worker has no similar right to time off work under Wisconsin law. However, employers may permit employees to take applicable and available paid or unpaid time off, such as vacation, paid time off, or paid volunteer time. Employers should ensure consistent treatment of all employees who request time off for election-related reasons.
In addition, employers should review any applicable collective bargaining agreements, handbooks, and internal policies that may provide greater rights than those set forth in Wisconsin’s voting rights statute.
Finally, employers should keep in mind that other states may impose different or additional requirements with regards to employee voting. A number of states, including but not limited to California, Illinois, Minnesota, New York, and Washington, D.C., require employers to provide paid time off for employees to vote. Some states have stringent notice provisions, including New York, which require employers to post a notice within 10 days of each election informing employees of their voting time rights. Employers with workers outside Wisconsin (including employees working remotely) are advised to review applicable voting laws in those cities or states to ensure full compliance.
If you have questions about election-related leave issues, the team at Lake Effect HR & Law is happy to assist. Lake Effect continues to monitor important legal and HR developments at the state and federal levels, as well as other information that could impact the workplace.
Please watch our blogs and emails for these important updates, as well as discussions of how compliance meets culture. To dive into these issues, contact us at info@lehrlaw.com.
