Understanding Wisconsin’s Voting Leave Requirements

At Your Service
with Attorney Bob

Dear Attorney Bob,

Election Day is coming up, and one of my employees mentioned that they might need some time off to vote. I’ve always encouraged civic participation, but I’m unsure about the legal requirements. How much time off do I need to provide, and does it need to be paid? What’s the best way to handle this to ensure both compliance and minimal disruption to our operations?
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Best regards,
Puzzled in Pewaukee

Dear Puzzled in Pewaukee,
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With Election Day fast approaching, it’s fantastic that you’re planning ahead to ensure both compliance and a smooth operation. Wisconsin law is clear on your obligations as an employer when it comes to time off for voting, so let’s break it down.

Wisconsin’s Voting Law: What Are Your Obligations?

Under Wisconsin law, you are required to provide employees with up to three consecutive hours of unpaid time off to vote on Election Day. Here’s what you need to know:

1. Advance Notice Required: Employees must request time off to vote before Election Day. This allows you to plan accordingly and adjust schedules if needed. I recommend communicating this in advance (typically in a voting leave policy in your employee handbook).
   
   
2. Employer’s Right to Designate Time: You have the flexibility to decide when the time off will occur during the workday. This can help you manage coverage and minimize disruption to your business.
   
   
3. Unpaid Time Off: The time off for voting is unpaid. Make sure your employees understand this to avoid any surprises. Of course, if you wish to provide paid time off to vote, you may do so, but it is not required.

Important Reminders:

While it’s great to encourage your employees to vote, it’s important to maintain neutrality in the workplace. Do not tell your employees who to vote for. This not only respects their personal choices but also avoids any potential legal or ethical issues related to workplace coercion.

Best Practices for Managing Voting Time Off

To handle this process smoothly, here’s what I recommend:

1. Encourage Early Communication: Ask employees to let you know as soon as possible if they’ll need time off to vote. This will help you arrange schedules and ensure that business operations remain smooth.
   
   
2. Be Flexible but Clear: While you can set the specific time off, try to accommodate your employees’ voting needs by allowing them to take time off at the start or end of their shifts if possible.
   
   
3. Remind Employees of Their Rights: Consider sending out a reminder about their voting rights and the company’s policy on voting leave. This promotes transparency and supports a positive work environment.
   
   
4. Documentation Isn’t Required: While Wisconsin law doesn’t require proof of voting, maintaining open communication can ensure that time off is used appropriately.

Why This Matters

​Promoting civic participation by allowing time off to vote helps foster a positive workplace culture that values democracy. It’s a simple way to show your support for your employees’ rights and responsibilities as citizens.

Final Thoughts

Puzzled, you’re taking the right steps by getting ahead of this issue. By following Wisconsin’s legal requirements and handling the process with care, you’ll ensure that Election Day is a smooth experience for both your employees and your business.

If you have further questions or need specific advice, feel free to reach out to me at NextGen Legal. We’re here to help you navigate the legal landscape with confidence and ease.
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Warm regards,
Attorney Bob

P.S. Got more questions about employment law? Contact us at NextGen Legal for tailored guidance to keep your business compliant and thriving!

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About Attorney Bob

​Bob Sanders is an Attorney and the founder of NextGen Legal. After spending over a decade in BigLaw, working with clients of all sizes across the US, he became acutely aware of the recurring barriers that deterred businesses from seeking proactive legal advice: shrinking legal budgets competing with escalating fees. This realization spurred Bob to create NextGen Legal, a firm designed to eliminate these barriers and provide clients with the high-quality legal advice they need, exactly when they need it. 

​At NextGen Legal, we're transforming the traditional law firm model. Bob’s extensive experience in labor and employment law has been instrumental in shaping a service that offers both day-to-day legal counsel and rapid response for emergent issues. We strive to empower our clients with the knowledge and strategies necessary to navigate the legal landscape effectively and make confident employment decisions, without the fear of unexpected costs.
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Rated a Rising Star by SuperLawyers (an accolade reserved for only 2.5% of attorneys in Wisconsin), Bob provides strategic legal advice and counsel to companies of all sizes, helping business leaders make confident, informed decisions. His expertise spans employment law, regulatory compliance, litigation, safety, corporate strategy, and risk mitigation. Bob excels in transforming complex legal challenges into clear, actionable business solutions, offering strategic guidance to leadership teams.

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