MADISON, WI – Wisconsin law requires employers to allow workers time off to vote, with no exceptions. Under Wis. Stat. 6.76(1), employees may be absent from work for up to three hours to vote. With less than a week until the general election, Rep. Angelina Cruz urges workers to learn their employer’s policy now and make sure it does not interfere with that right.
“It is disturbing to learn that some employers don’t know state law, or choose to disregard it,” Rep. Cruz said. “My office was contacted about an employer’s questionable time-off-to-vote policy. That is deeply concerning, especially for employees who work long hours, have long commutes, or can’t vote after work. The right to time off to vote sits at the intersection of my commitments to democracy as a legislator and to workers’ rights as a former union president.”
Rep. Cruz sought guidance on the policy from the Wisconsin Elections Commission (WEC), which issued a formal advisory opinion affirming employees’ right to up to three hours away from work to vote. The opinion states: “Simply ensuring that an employee has three hours between when they get off work and when polls close at 8:00 p.m. to vote is inconsistent with Wis. Stat. 6.76(1).”
Employers are not required to pay employees for time taken to vote, but penalizing employees in any other way for exercising this right is illegal. Violations are punishable by a fine of up to $1,000, up to six months’ imprisonment, or both.
“Voting is a fundamental right and essential to sustaining democracy,” Rep. Cruz said. “All employers must know the law and follow it. It is time the legislature revisit penalties for these violations to determine whether they are strong enough. In the meantime, I’m thankful the Elections Commission offers guidance and receives complaints. Anyone harmed by a policy that violates the law should consider filing a complaint with the Commission. I stand ready to help. Infringement on voting rights is unacceptable.”
