Time Off from Work for Voting: Know Your Rights

Posted on Oct 25, 2024 by

Election Day is approaching quickly, and Wisconsin residents are putting plans in place to get to the polls and fulfill their civic duty. Making a voting plan can get tricky for residents whose work schedules overlap with voting hours.

All Wisconsin polling locations open at 7:00 a.m. and close at 8:00 p.m. Wisconsin Statute 6.76 requires that you are allowed time off from work to vote. The statute includes the following rights and obligations:

Eligibility:  To be eligible for time off for voting, an employee must be qualified to vote in the election. The right to take time off for voting applies during the time the polls are open.

Duration of Absence:  Eligible employees may be absent for up to 3 successive hours in duration to vote during the time the polls are open.

Advance Notice: An employee needing time off to vote must notify the employer of the need for time off before Election Day.

Hours of Absence:  The employer can designate the time of the workday during which it will allow the employee to be absent from work to vote. An employer cannot deny time off on the ground that the employee would otherwise have time to vote before or after the employee’s scheduled workday.

Unpaid Time for Hourly Employees:  The employer does not need to pay an hourly, non-exempt employee for the time off from work.  However, Wisconsin and federal law prohibit partial-day deductions from an exempt employee’s weekly salary.  Therefore, no pay deduction for the partial day absence would be permitted for salaried, exempt employees.

No Penalty or Retaliation:  An employer cannot penalize an employee for taking time off to vote and cannot retaliate against an employee for doing so.

Make a plan to exercise your right to vote, and give us a call at McCarty Law if you have any questions about your rights and obligations when it comes to voting leave.

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Rebecca L. Kent

Employment & Labor Law and Commercial Litigation Attorney at McCarty Law LLP
Becky assists businesses as they confront the legal questions and challenges that arise each day in the area of human resources. She provides legal services in the areas of employment and labor law and represents clients in employment and business-related litigation.