TIME OFF TO VOTE IN MINNESOTA, WISCONSIN, ILLINOIS and IOWA
Tuesday, November 4th is Election Day (lest you forget). Relevant for employers is that many states have laws allowing employees to take time off in order to vote. As such, employers should be aware of their obligations and employee rights in order to adequately prepare. Should you have any questions regarding your obligations under these laws, please do not hesitate to contact an attorney in one of Wessels Sherman's five (5) offices.
Minnesota
Please note that in 2010, Minnesota amended its time off for
voting law. Employers should be aware of this change for 2014 elections!
Under the new Minnesota law, employees have the right to "be
absent from work for the time necessary to appear at the employee's polling
place, cast a ballot, and return to work on the day of the
election." Companies cannot interfere with this right, nor deduct
from an employee's pay, vacation or PTO because of the absence.
Previously this right was limited to a reasonable time off work the morning of
the election, but that right has changed to the necessary time off during the
entire Election Day.
For a free sample of an
Employee Notice of November 4, 2014 Election Procedures, for Minnesota
employers contact Christine Beggan in our Minneapolis office at (952) 746-1700,
or email chbeggan@wesselssherman.com.
Wisconsin
Wisconsin's voting law is fairly straight forward. Employees
are entitled to up to three (3) hours of unpaid time off from work to
vote. Employees are required to notify their employers prior to Election
Day. Employers in turn may designate the time of the day during which the
employee may be absent to vote.
Illinois
Iowa
Similar to Illinois law, Iowa
requires that employers allow employees paid time off work to vote, but only -
- If the employee requests the time off in writing prior to Election Day; and
- The employee does not otherwise have three (3) consecutive hours of non-working time available while the polls are open.
If the employee does not have three (3) consecutive non-working hours off, the employee is entitled to take as much time off as necessary so that they have three (3) consecutive non-working hours off during which they can vote.
Example: If the voting poles are
open from 7:00 a.m. until 8:00 p.m. and the employee's shift starts at 9 a.m.
and ends at 5:00 p.m. you do not need to grant the employee time off to vote
because there is a block of three (3) consecutive hours to vote from 5:00 p.m.
to 8:00 p.m. Likewise, if the employee's shift starts at 10:00 a.m. and
ends at 6:00 p.m. you do not need to grant the employee time off to vote
because there is a block of three (3) consecutive hours to vote from 7:00 a.m.
to 10:00 a.m. However, if an employee's shift starts at 8:30 a.m.
and ends at 5:30 p.m., the employer could grant the employee 1 ½ hours of paid
leave to allow the employee to come to work at 10:00 a.m., thus creating a
block of three (3) consecutive hours to vote from 7:00 a.m. to 10:00 a.m. or
allow the employee to leave work at 5:00 p.m. creating a block of hours of
three (3) consecutive hours to vote from 5:00 p.m. to 8:00 p.m. with the
employer having to pay the employee ½ hour of time (5:00 p.m. - 5:30 p.m.)
Recommendations
Employers are advised to issue appropriate communiqués to
employees in advance of November 4, 2014 elections. This will avoid
misunderstandings or disputes involving unexpected absences on Election Day.
If you have questions or would like to discuss Minnesota's election law, please contact Attorney James B. Sherman in Wessels Sherman's Minnesota office at (952) 746-1700, or email jasherman@wesselssherman.com.
Note: This
alert provides only a summary of the election laws and is not meant as a
substitute for legal advice on any nuances of the laws as applied to a
particular issue or situation. The lawyers of our offices in each of the
above states are able to assist employers with appropriate documentation that
is compliant with these laws
