Section 7.33. Service as an election official.

 

(1)  In this section:

(a) “Employee" has the meaning given under s. 101.01 (3) .

(b) “Employer" has the meaning given under s. 101.01 (4) .

(c) “State agency" has the meaning given under s. 20.001 (1) and includes an authority created under subch. II of ch. 114 or ch. 231 , 232 , 233 , 234 , or 237 .

(2)  Service as an election official under this chapter shall be mandatory upon all individuals appointed, during the full 2-year term, after which they shall be exempt from further service as an election official, under this chapter, until 3 terms of 2 years each have elapsed. Municipal clerks may grant exemptions from service at any time.

(3)  Every employer shall grant to each employee who is appointed to serve as an election official under s. 7.30 a leave of absence for the entire 24-hour period of each election day in which the official serves in his or her official capacity. An employee who serves as an election official shall provide his or her employer with at least 7 days' notice of application for a leave. The municipal clerk shall verify appointments upon request of any employer.

(4)  Except as otherwise provided in this subsection, each local governmental unit, as defined in s. 16.97 (7) , may, and each state agency shall, upon proper application under sub. (3) , permit each of its employees to serve as an election official under s. 7.30 without loss of fringe benefits or seniority privileges earned for scheduled working hours during the period specified in sub. (3) , without loss of pay for scheduled working hours during the period specified in sub. (3) except as provided in sub. (5) , and without any other penalty. For employees who are included in a collective bargaining unit for which a representative is recognized or certified under subch. V of ch. 111 , this subsection shall apply unless otherwise provided in a collective bargaining agreement.

(5)  Any employee of a local governmental unit, as defined in s. 16.97 (7) , or state agency who obtains a paid leave of absence under sub. (4) in order to serve as an election official under s. 7.30 shall certify in writing to the head of the local governmental unit or state agency by which he or she is employed the amount of compensation that the employee receives for such service. Upon receipt of the certification, the head of the local governmental unit or state agency shall deduct that amount from the employee's pay earned for scheduled working hours during the period specified in sub. (2) when the employee is on a paid leave of absence.

(6)  Each employer other than a state agency shall, upon proper application under sub. (3) , permit each of its employees to serve as an election official under s. 7.30 without loss of fringe benefits or seniority privileges earned for scheduled working hours during the period specified in sub. (3) , and shall not impose any other penalty upon an employee who serves as an election official, except the employer need not pay wages to an employee for time not worked while the employee is serving as an election official.

1977 c. 398 ; 1979 c. 260 s. 44 ; Stats. 1979 s. 7.33; 1987 a. 111 ; 1987 a. 391 ss. 37m , 41g , 41r ; 1989 a. 56 s. 259 ; 1995 a. 27 ; 2001 a. 16 , 104 , 109 ; 2003 a. 33 ; 2005 a. 335 , 451 ; 2009 a. 28 ; 2011 a. 10 .