Voting Leave Laws in Wisconsin: Your Right to Vote at Work

The Voting Rights Act, 42 U.S.C. § 1973aa(a), provides a federal baseline protecting voting time off. However, the statute grants states the authority to set their own rules regarding voting leave, provided they do not restrict voting rights. Federal law does not establish a national voting leave requirement with specific hours or procedures; rather, it allows states to regulate the employer-employee relationship regarding election day absences.

The EEOC and DOL do not enforce voting leave directly, as it falls under state election law rather than federal civil rights or labor standards. The federal requirement is simply that states must not discourage voting through onerous employment practices. Remedies under federal law are limited and typically address voting rights violations at the ballot box rather than employer retaliation for voting or voting leave requests.

Wisconsin Statute § 6.76 provides one of the nation's most employee-friendly voting leave statutes. Under this law, every employer in Wisconsin—regardless of size—must allow employees a total of 3 hours of paid leave during each election in which the employee is eligible to vote. This applies to presidential elections, primary elections, general elections, and any other election in which the employee is a registered voter.

Wisconsin's law is stronger than the federal baseline in two critical ways: (1) it guarantees paid leave (many state laws do not), and (2) it applies to all employers without a minimum employee threshold. The statute does not restrict voting leave to certain employer sizes—the right extends from sole proprietorships to large corporations. Wisconsin does not distinguish between full-time and part-time workers; all employees are entitled to the same leave allowance.

Employees must provide reasonable advance notice to their employer of their intention to use voting leave. The statute does not define "reasonable" precisely, but standard practice is 24 to 48 hours notice when practicable. Employers may designate the times during the workday when the leave may be taken, but cannot penalize employees for using the leave or require the employee to use other paid time off (such as vacation or personal days) instead.

Under Wisconsin law, voting leave must be paid at the employee's regular wage rate and may not be deducted from wages. Violations expose employers to civil liability. Wisconsin Statute § 6.77 establishes penalties: an employer who violates § 6.76 may be subject to a civil penalty of not less than $25 and not more than $200 per violation, plus liability for actual damages (including lost wages and attorney fees in some cases). Private right of action is available to employees.

Wisconsin Statute § 6.76 contains limited exceptions. The statute permits employers to designate the hours during which voting leave may be taken, provided that at least 3 hours of the employee's workday are left available for voting or the employee's work shift is less than 3 hours (in which case the entire workday is available for voting).

A significant practical exception involves employees who have sufficient time outside their work schedule to vote. Some employer defenses argue that if an employee has time before or after work (such as early voting, absentee voting, or voting outside standard business hours), the employer obligation may be reduced. However, Wisconsin courts have interpreted § 6.76 broadly to protect all eligible employees, and such defenses are weak.

Union employees covered by collective bargaining agreements may have different voting leave provisions negotiated into their contract; the statute applies as a floor, not a ceiling, so union contracts typically provide equal or greater rights. Temporary employees and contractors are covered as long as they meet the definition of "employee" under Wisconsin employment law. Employers cannot require employees to use accrued paid time off (vacation, PTO, or sick leave) instead of voting leave; the law mandates a separate right.

Federal employees and election officials performing duties on election day may have limited rights under state law but are protected by federal rules. There is no exception for small businesses or hardship claims; even a one-person employer must comply. Self-employed individuals and independent contractors are not covered.

Step 1: Document Everything. Keep detailed records of your voting leave request and its outcome. Write down the date you requested voting leave, the name of the person you notified, the method used to notify (email, verbal conversation, written note), and what your employer said in response. Save any emails or written communications about the request. If you were denied leave or penalized (such as not being paid for time taken off, disciplined, or terminated shortly after), document those actions with dates and any witnesses. Keep pay stubs showing whether you were paid for time claimed as voting leave.

Step 2: Attempt Internal Resolution. Before filing a formal complaint, submit a written request to your direct supervisor or HR department clearly stating your need for voting leave under Wisconsin Statute § 6.76. Provide at least 48 hours advance notice if possible. Keep a copy of this request for your records. If your employer grants the leave and pays you, the matter is resolved. If your employer denies the request, ignore it, fails to pay, or retaliates, proceed to Step 3. Document your supervisor's response and any statements they make about denying voting leave.

Step 3: File a Complaint with Wisconsin Authorities. The Wisconsin Elections Commission (WEC) enforces voting leave violations under § 6.76. File a complaint by contacting the WEC directly: Wisconsin Elections Commission, 17 W. Main Street, Suite 310, Madison, WI 53703. Phone: (608) 266-8005. Website: elections.wi.gov. You may also file complaints with your local city or county clerk, who can forward issues to the state commission. Provide your full name, employer's name and address, the election date(s) in question, the amount of leave you requested, what you were told by the employer, and copies of documentation (emails, pay stubs, witness statements). Include your contact information. There is no statutory filing deadline, but file as soon as possible after the violation.

Step 4: Expect Investigation and Administrative Process. The Wisconsin Elections Commission will review your complaint and may contact your employer for a response. The investigation typically takes 2–4 weeks. The Commission will ask your employer why leave was denied or why you were not paid. Your employer will be given an opportunity to provide their version of events. If the Commission finds a violation, it may assess civil penalties ($25–$200 per violation under § 6.77) against the employer and order payment of back wages. The process is informal and does not require you to appear in person unless a hearing is necessary. You will be notified of the outcome in writing.

Step 5: Consider Legal Action and Consult an Attorney. If the administrative process is slow or if you need immediate remedy (such as if you fear retaliation), consult an employment law attorney licensed in Wisconsin. An attorney can file a civil action in Wisconsin circuit court for violation of § 6.76 and seek damages for lost wages, civil penalties, and attorney fees. Many attorneys offer free initial consultations. Look for attorneys specializing in employment law, workers' rights, or voting rights. If your employer retaliates (fires you, reduces hours, or demotes you) after you assert voting leave rights, you may have additional claims for wrongful termination or retaliation—discuss these with your attorney. Legal representation strengthens your case, especially if retaliation is involved.