Wis. Admin. Code ER-MRS — Department of Administration-Division of Personnel Management; Merit Recruitment

Chapter ER-MRS 1 FORCE AND EFFECT OF RULES; DEFINITIONS

Wis. Admin. Code § ER-MRS 1.01 Force and effect of rules {#sec-er-mrs-1.01 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 1.01}

Chapters ER-MRS 1 to 34 are promulgated under authority of s. 230.05 (5), Stats., and ch. 227, Stats., to specifically apply to provisions of the civil service law, subch. II of ch. 230, Stats. As provided under s. 230.01 (3), Stats., nothing in subch. II of ch. 230, Stats., or in chs. ER-MRS 1 to 34 shall be construed to either infringe upon or supersede the rights guaranteed state employees under the provisions of the state employment labor relations act, subch. V of ch. 111, Stats. Chapters ER-MRS 1 to 34 are superseded by the labor contract for employees under such contract for the subjects of bargaining under s. 111.91 (1), Stats.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. Register, September, 1975, No. 237, eff. 10-1-75; am. Register, February, 1981, No. 302, eff. 3-1-81; am. Register, May, 1988, No. 384, eff. 6-1-88; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; corrections made under s. 13.92 (4) (b) 6., 7., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER-MRS 1.02 Definitions {#sec-er-mrs-1.02 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 1.02}

In addition to those terms defined under s. 230.03, Stats., the following are definitions for terms used in chs. ER-MRS 1 to 34:

(1) “Agency” has the meaning defined in s. 230.03 (3), Stats.

(2) “Appointment” means the action of an appointing authority to place a person in a position within the agency in accordance with the law and chs. ER 1 to 47 and ER-MRS 1 to 34, effective when the employee reports for work or is in paid leave status on the agreed starting date and time. “Appointment” does not include an acting assignment under ch. ER-MRS 32.

(3) “Compensation plan” means the compensation plan adopted under s. 230.12, Stats.

(4) “Counterpart pay ranges” means pay ranges or groupings of pay ranges in different pay schedules which are designated by the administrator to be at the same level for the purposes of determining personnel transactions.

(5) “Demotion” means the permanent appointment of an employee with permanent status in one class to a position in a lower class than the highest position currently held in which the employee has permanent status in class, unless excluded under s. ER-MRS 17.02.

(6) “Employee” means any person who receives remuneration for services rendered to the state under an employer-employee relationship in the classified civil service, except where otherwise stated or modified by rule.

(7) “Employing unit” means an agency or a functional, organizational or geographic unit within the agency which has been approved under s. 230.30, Stats., for the agency to use for any one or combination of the following: promotion, demotion, transfer, reinstatement, restoration, layoff and other related personnel transactions.

(8) “Higher class” means a class assigned to a higher pay range.

(9) “Higher pay range” means the pay range which has the greater pay range dollar value maximum when comparing pay ranges not designated as counterparts.

(10) “Involuntary demotion” means a demotion directed by the appointing authority.

(10m) “Involuntary transfer” means a transfer directed by the appointing authority.

(11) “Layoff” means the termination of the services of an employee with permanent status in class from a position in a layoff group approved under s. ER-MRS 22.05, in which a reduction in force is to be accomplished.

(12) “Leave of absence” means absence from employment with the approval of the appointing authority with or without loss of pay in accordance with the appropriate statutory provision or rule.

(13) “Limited term appointment” means the appointment of a person to perform a grouping of duties and responsibilities on a non-project basis under conditions of employment which do not provide for attainment of permanent status under s. 230.26 (1), Stats.

(14) “Limited term employment” means employment in which the nature and conditions do not permit attainment of permanent status in class and for which the use of normal procedures for recruitment and examination are not practicable.

(15) “Lower class” means a class assigned to a lower pay range.

(16) “Lower pay range” means the pay range which has the lesser pay range dollar value maximum when comparing pay ranges not designated as counterparts.

(17) “Month” means a calendar month or the period from a given date in one month through the date preceding the given date in the following month, whichever the context requires.

(18) “Original appointment” means the appointment of a person who has not attained permanent status in class or permanent status, or the appointment of a current or former employee on a basis other than a demotion, promotion, reinstatement, restoration or transfer to a classified position in which permanent status can be attained.

(19) “Pay range” means either of the following:

(a) With respect to a classification to which a non-trainee position is allocated, the range on an official hourly basis as prescribed in the compensation plan.

(b) With respect to a classification to which a trainee position is allocated, the minimum of the pay range for the trainee position up to the maximum of the pay range for a non-trainee position allocated to the same class.

(20) “Permanent appointment” means the appointment of a person to a classified position in which permanent status can be attained.

(21) “Permanent employment” means employment in a position in which permanent status in class may be obtained and which requires the services of an employee for 600 hours or more on an annual basis and includes seasonal employment under sub. (31), sessional employment under sub. (32) and school year employment under s. 230.08 (3) (e), Stats.

(22) “Permanent status” means the rights and privileges attained upon successful completion of a probationary period or career executive trial period required upon an appointment to permanent, seasonal or sessional employment.

(23) “Permanent status in class” means the rights and privileges attained upon successful completion of a probationary period required upon an appointment to permanent, seasonal or sessional employment.

(24) “Probationary period” means the time period specified in s. 230.28, Stats.

(25) “Project appointment” means the appointment of a person to a project position under conditions of employment which do not provide for attainment of permanent status.

(26) “Project employment” means employment as a result of a project appointment in a project position.

(26m) “Project position” has the meaning defined in s. 230.27 (1), Stats.

(27) Except as provided in s. ER-MRS 14.02, “promotion” means any of the following:

(a) The permanent appointment of an employee to a different position in a higher class than the highest position currently held in which the employee has permanent status in class;

(b) The permanent appointment of an employee or former employee in layoff status to a different position in a higher class than the highest position in which permanent status in class was held at the time the employee or former employee became subject to layoff; or

(c) The permanent appointment of an employee on an approved leave of absence, either statutorily mandated or granted by an appointing authority to a different position in a higher class than the highest position in which permanent status in class was held at the time the employee began the leave of absence.

(28) “Recruitment option” means a grouping of job duties and responsibilities common to one or more positions assigned to a classification or classifications, used by the director to establish layoff groups under s. ER-MRS 22.06, selectively certify eligibles under s. ER-MRS 12.03 or establish registers under s. 230.25 (4) (a), Stats.

(29) “Reinstatement” means the act of permissive re-appointment without competition of an employee or former employee under s. 230.40 (3), 2013 Stats., or s. 230.31, 230.33, or 230.34, Stats., to a position:

(a) In the same class in which the person was previously employed;

(b) In another class to which the person would have been eligible to transfer had there been no break in employment; or

(c) In a class having a lower pay rate or pay range maximum for which the person is qualified to perform the work after the customary orientation provided to newly hired workers in the position.

(30) “Restoration” means the act of mandatory reappointment without competition of an employee or former employee under s. 230.34, 2013 Stats., or s. 230.31, 230.32 or 230.33, Stats., to a position:

(a) In the same class in which the person was previously employed;

(b) In another classification to which the person would have been eligible to transfer had there been no break in employment; or

(c) In a class having a lower pay rate or pay range maximum for which the person is qualified to perform the work after the customary orientation provided to newly hired workers in the position.

(31) “Seasonal employment” means employment which normally permits attainment of permanent status in class through successive reinstatements and requires the services of an employee on an intermittent and recurring basis for at least 600 hours each year, during no more than 24 biweekly payroll periods of any 26 consecutive full biweekly payroll periods.

(32) “Sessional employment” means employment in positions of legislative agencies that require the services of an employee more than 600 hours in any 26 consecutive full biweekly payroll periods and which normally permits attainment of permanent status in class through successive reinstatements, but the duration of which is closely related to the legislative session.

(33) “Transfer” means the permanent appointment of an employee to a different position assigned to a class having the same or counterpart pay rate or pay range as a class to which any of the employee’s current positions is assigned.

(34) “Vacancy” means a classified position to which a permanent appointment may be made after the appointing authority has initiated an action to fill that position.

(35) “Year” means a calendar year or the period from a given date in one year through the date preceding the given date in the following year, whichever the context requires.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. (6); cr. (8), Register, March, 1974, No. 219, eff. 4-1-74; am. (1), (6) and (7), r. and recr. (8) to be Pers 24.02, cr. (6n), (8) and (9), Register, September, 1975, No. 237, eff. 10-1-75; r. (1) to (6n) and (8), renum. (7) to be (4) and (9) to be (14) and am., cr. (1) to (3) and (5) to (13m), Register, February, 1981, No. 302, eff. 3-1-81; cr. (15) and am. (1), Register, February, 1983, No. 326, eff. 3-1-83; am. (intro.), r. (7) (intro.) and (14), renum. (1) to (6), (7) (a) to (e), (8) to (13m) and (15) to be (2), (4), (6) to (9), (21), (31), (14), (32), (26), (15), (16), (18), (20), (22), (23), (25) and (34) and am. (2), (4), (7), (14), (21), (26), (31) and (32), cr. (1), (5), (11) to (13), (17), (19), (24), (26m), (27) to (30), (33) and (35), Register, May, 1988, No. 389, eff. 6-1-88; emerg. am. (18) eff. 3-5-93; am. (18), Register, August, 1993, No. 452, eff. 9-1-93; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; am. (29), Register, December, 1999, No. 528, eff. 1-1-00: CR 04-138: cr. (3) Register June 2005 No. 594, eff. 7-1-05; corrections in (4), (28) made under s. 13.92 (4) (b) 6., Stats., and correction in (6) made under s. 35.17, Stats., Register September 2015 No. 717; correction in (29) (intro.) under 13.92 (4) (b) 7., Stats., Register December 2016 No. 732; CR 18-006: cr. (10), (10m), am. (18), (30) (intro.) Register July 2018 No. 751, eff. 8-1-18; correction in (30) made under s. 35.17, Stats., Register July 2018 No. 751.

Wis. Admin. Code § ER-MRS 1.03 Time, how computed {#sec-er-mrs-1.03 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 1.03}

In chs. ER-MRS 1 to 34, the time within which an act is to be done or a proceeding taken shall be computed under s. 990.001 (4), Stats.

History

Cr. Register, May, 1988, No. 389, eff. 6-1-88; correction made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466.

Chapter ER-MRS 6 RECRUITMENT AND SELECTION

Wis. Admin. Code § ER-MRS 6.01 Base of recruitment {#sec-er-mrs-6.01 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 6.01}

The director, in determining the most appropriate base of recruitment for classified civil service positions, shall consider such factors as: affirmative action; agency goals; staff development patterns; availability of qualified applicants in the service, agency or the employing unit, and effect on employee morale or turnover; designated promotional patterns in the classification series; availability of trained people in the labor market, including the number who have completed or are completing training for the type and level of positions; value of bringing new personnel with different backgrounds into the service; current pay; employee benefits and hiring practices for the types of positions; the interests of other agencies which may use the eligible lists; and efficiency in conducting recruitment and selection programs.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. Register, February, 1981, No. 302, eff. 3-1-81; am. Register, May, 1988, No. 389, eff. 6-1-88; correction made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; CR 18-006: am. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 6.02 Recruitment information {#sec-er-mrs-6.02 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 6.02}

Recruitment information shall be directed to labor market sources which the director determines are most likely to provide qualified applicants and with due consideration given to affirmative action.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. (2), Register, September, 1975, No. 237, eff. 10-1-75; r. (1) and (3), renum. (2) and am. Register, February, 1981, No. 302, eff. 3-1-81; am. Register, May, 1988, No. 389, eff. 6-1-88; correction made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER-MRS 6.025 Employees on leave of absence or in layoff status {#sec-er-mrs-6.025 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 6.025}

An employee on leave of absence, in layoff status under s. ER-MRS 22.06 (3) or (4) or provisions of applicable labor agreements with certified bargaining units, or on seasonal layoff under s. ER-MRS 22.12 (1), shall be eligible to participate in the civil service selection process on the same basis as if the employee was not on a leave of absence or the layoff had not occurred.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81; am. Register, May, 1988, No. 389, eff. 6-1-88; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466.

Wis. Admin. Code § ER-MRS 6.027 Employees on temporary interchange {#sec-er-mrs-6.027 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 6.027}

A classified employee who is on a temporary interchange under s. 230.047, Stats., is eligible to compete in competitive procedures during the interchange assignment on the same basis as if the interchange assignment had not occurred.

History

Cr. Register, February, 1983, No. 326, eff. 3-1-83; am. Register, May, 1988, No. 389, eff. 6-1-88; CR 18-006: am. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 6.03 Insufficient number of applicants {#sec-er-mrs-6.03 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 6.03}

In the event that a sufficient number of qualified applicants fail to apply for a vacancy or to qualify after the competitive procedure, the director may reannounce the vacancy or extend the date for filing of applications and resumes, or, if necessary, cancel the competitive procedure.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. Register, February, 1981, No. 302, eff. 3-1-81; correction made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; CR 18-006: am. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 6.04 Employment register exception {#sec-er-mrs-6.04 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 6.04}

An existing appropriate register for a class shall be used to fill all vacancies in the class, except that the director may authorize new recruitment leading to the establishment of a different register for some positions in the class when substantial differences in the duties of those positions and the qualifications required for successful performance distinguish them from other positions in the same class. The director may also establish separate registers on the basis of geographic location or when program emphasis or other recognized employment considerations could be expected to attract new applicants who may be better qualified for “placement on the new register” to be established. Separate registers for different positions in the same class may also be established under s. ER-MRS 11.02.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. Register, February, 1981, No. 302, eff. 3-1-81; am. Register, February, 1983, No. 326, eff. 3-1-83; correction made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; correction made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; CR 18-006: am. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 6.05 Competitive Procedures {#sec-er-mrs-6.05 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 6.05}

(1) The director shall establish criteria for evaluating applicant qualifications and shall require the same or equivalent competitive procedure for all applicants competing for eligibility on a register except as may be provided in ch. ER-MRS 27.

(2) Competitive procedures may include any technique or techniques which the director deems appropriate to evaluate applicants.

(3) The competitive procedures shall be:

(a) Based on information from job analysis, position analysis or other equivalent information documenting actual job tasks to be performed or skills and knowledges required to perform job tasks, or both;

(b) Developed in such a manner as to establish the relationship between skills and knowledges required for successful performance in the competitive procedure and skills and knowledges required for successful performance on the job;

(c) Supported by data documenting that the skills and knowledges required for successful performance in the competitive procedure are related to skills and knowledges which differentiate among levels of job performance;

(d) Sufficiently reliable to comply with appropriate standards for validation; and

(e) Objectively rated or scored.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; r. and recr. (1) and (3), am. (2), r. (4) and (5), Register, February, 1981, No. 302, eff. 3-1-81; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; corrections in (1), (2) made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; CR 18-006: am. (title), (1), (2), (3) (intro.), (b) to (d) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 6.07 Notification {#sec-er-mrs-6.07 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 6.07}

The director shall make available to each applicant the final results of his or her eligibility for consideration through such methods as written notice, public posting or any other means deemed appropriate by the director.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. Register, May, 1988, No. 389, eff. 6-1-88; correction made under s. 13.92 (4) (b) 6., Stats., Register September 2015; CR 18-006: am. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 6.08 Release of competitive procedure information {#sec-er-mrs-6.08 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 6.08}

(1) The following competitive procedure information may be released to an applicant:

(a) The final score or equivalent result; and

(b) When applicable, the weight of, the total possible score of, and the applicant’s score on, each separately scored component of the competitive procedure.

(2) Except as provided in sub. (3), competitive procedure information which may not be released includes the following:

(a) Copies of competitive procedures, rating guides and scoring keys;

(b) Copies of written comments of panel members including oral board members;

(d) Results of medical or physical examinations except through the applicant’s designated physician;

(e) Scores of candidates identified by name; and

(f) Answers to specific items on written examinations.

(3) For certified individuals, the director may release to the appointing authority the following information, but only after the employment interview questions have been finalized:

(a) Narrative responses to open-ended questions such as essay or training and experience assessments.

(b) Tapes of oral evaluations.

(c) Resumes, letters of interest, and other narrative material provided by the certified candidates as long as the materials released do not contain scores, comments, ratings, or other evaluations.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. (1) (a) and (b) and (2), Register, February, 1981, No. 302, eff. 3-1-81; r. (2), am. (1), Register, May, 1988, No. 389, eff. 6-1-88; am. (2) (intro.), cr. (3), Register, July, 2000, No. 535, eff. 8-1-00; correction in (3) made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; CR 18-006: am. (title), (1) (intro.), (a), (b), r. (c), am. (2) (intro.), (a), (c), (d), (3) Register July 2018 No. 751, eff. 8-1-18; correction in (2) (a) to (f) made under s. 35.17, Stats., Register July 2018 No. 751.

Wis. Admin. Code § ER-MRS 6.09 Anonymity of applicants and security for competitive procedures {#sec-er-mrs-6.09 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 6.09}

(1) The director shall instruct all applicants to omit any reference to political affiliations, identifying information such as social security number, ethnicity, gender, photos, and any other non-job related information from their application materials including resumes, cover letters, and training and experience assessments.

(1m) The director shall instruct panel members who recognize the identity of applicants to disqualify themselves from screening an applicant whom they cannot objectively evaluate.

(2) The director shall provide appropriate security for all competitive procedure materials.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. Register, February, 1981, No. 302, eff. 3-1-81; am. (1), Register, May, 1988, No. 389, eff. 6-1-88; correction in (1), (2) made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; CR 18-006: am. (title), (1), cr. (1m), am. (2) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 6.095 Cancellation of register or certification {#sec-er-mrs-6.095 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 6.095}

The director may cancel a register or certification at any time the director determines that:

(1) The register was not established in compliance with s. 230.16 (4), Stats.; or

(2) One or more applicants gained knowledge of the content of the competitive procedure not available to every applicant; or

(3) The establishment of a register was not consistent with the principles of merit and fitness as set forth in the law and these rules.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81; am. (1), Register, February, 1983, No. 326, eff. 3-1-83; correction in (intro.) made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; CR 18-006: am. (2) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 6.10 Disqualification of applicants {#sec-er-mrs-6.10 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 6.10}

In addition to provisions stated elsewhere in the law or rules, the director may refuse to certify an applicant, or may remove an applicant from a certification:

(1) Who is found to lack any of the preliminary requirements established for the position;

(2) Who has participated in the scheduled selection process so recently that the results of reconsideration would provide an undue advantage;

(3) Who has been convicted of any felony, misdemeanor or other offense the circumstances of which substantially relate to the circumstances of the particular job or licensed activity. In considering such conviction records, the director shall take into account such factors as age at the time of the offense, rehabilitation, and seriousness and nature of the violation in relation to the duties and responsibilities of the position;

(4) Who has been dismissed from the state service for cause, or resigned in lieu of termination for cause, and the action is requested by the appointing authority;

(5) Who has made a false statement of any material fact in any part of the selection process;

(6) Who directly or indirectly gives, receives, renders, or pays or promises to give, receive, render or pay any money, service or other valuable thing to or from any person for or on account of, or in connection with, appointment or proposed appointment;

(7) Who practices, or attempts to practice, any deception or fraud in his or her application, certification, or in securing eligibility or appointment;

(8) Whose work record or employment references are unsatisfactory;

(9) Who refuses to furnish testimony as required in s. 230.44 (4), Stats.; or

(10) Who has in any manner gained access to special or secret information regarding the content of the competitive procedure or subsequent selection steps.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. (10), Register, September, 1975, No. 237, eff. 10-1-75; am. (intro.), (1) and (2), r.(3) and (4), renum. (5) to (11) to be (3) to (9) and am. (3), (4) and (6) to (9), cr. (10), Register, February, 1981, No. 302, eff. 3-1-81; am. (3), Register, February, 1983, No. 326, eff. 3-1-83; correction in (9) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1999, No. 528; corrections in (intro.), (3) made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; CR 18-006: am. (intro.), (2), (4), (7), (10) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 6.11 Notice and appeal provisions {#sec-er-mrs-6.11 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 6.11}

See s. 230.17 (2), Stats., for provision of statement to applicants affected by action under s. ER-MRS 6.10.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81; renum. from ER-Pers 6.105, Register, May, 1988, No. 389, eff. 6-1-88.

Wis. Admin. Code § ER-MRS 6.12 Critical recruitment selection {#sec-er-mrs-6.12 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 6.12}

(1) The director shall identify classifications or positions for which qualified applicants are in critically short supply, and shall designate these as critical recruitment classifications.

(2) Specialized recruitment, competitive procedure, and certification processes may be established to fill positions in these classes, provided that due notice is given so that all interested and qualified applicants may be considered.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. (1), Register, February, 1981, No. 302, eff. 3-1-81; renum. from ER-Pers 6.11, Register, May, 1988, No. 389, eff. 6-1-88; correction in (1) made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; CR 18-006: am. (2) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 6.13 Cooperative programs {#sec-er-mrs-6.13 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 6.13}

To enable appointing authorities and faculty of institutions of higher learning to cooperate in training the highest caliber students for government employment, the director may, after giving due consideration to the provisions of s. 230.19, Stats., establish appropriate criteria and controls for program development, recruitment, selection and employment of eligibles for cooperative training programs. Successful completion of an approved cooperative program shall be deemed to fulfill the requirement for competitive selection and appointment to any position for which the cooperative training agreement was established.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. (2) (b) and cr. (2) (c) and (d), Register, September, 1975, No. 237, eff. 10-1-75; r. (1) to (4), renum. (5) and am., Register, February, 1981, No. 302, eff. 3-1-81; correction made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Chapter ER-MRS 7 APPOINTING PROCEDURE FOR UNSKILLED LABOR AND SERVICE CLASSIFICATIONS

Wis. Admin. Code § ER-MRS 7.01 General {#sec-er-mrs-7.01 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 7.01}

The director may designate unskilled labor and service classifications and may establish separate recruitment, selection, and certification procedures for such classifications.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. Register, September, 1975, No. 237, eff. 10-1-75; am. Register, February, 1981, No. 302, eff. 3-1-81; am. Register, May, 1988, No. 389, eff. 6-1-88; correction made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; CR 18-006: am. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 7.02 Certification for labor and service classes {#sec-er-mrs-7.02 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 7.02}

(1) The director may use methods of random certification to determine which applicants for labor and service employment will receive further employment consideration.

(2) The number of applicants to receive further employment consideration when random certification is used shall not exceed the number which would be certified under s. 230.25 (1), Stats.

History

Cr. Register, May, 1988, No. 389, eff. 6-1-88; correction in (1) made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Chapter ER-MRS 8 PROCEDURES FOR CORRECTIONS AND ENTRY PROFESSIONAL POSITIONS

Subchapter I Affirmative Action Procedures for Corrections Positions

Wis. Admin. Code § ER-MRS 8.01 Policy {#sec-er-mrs-8.01 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 8.01}

This subchapter implements s. 230.213, Stats., which authorizes the director, for affirmative action purposes, to establish such recruitment and certification procedures for positions in the department of corrections as will enable the agencies to increase the number of employees of a specified gender or a specified racial or ethnic group.

History

Cr. Register, March, 1992, No. 435, eff. 4-1-92; correction made under s. 13.92 (4) (b) 6., Stats., Register September 2012 No. 681; correction made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; CR 18-006: am. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 8.02 Applicability {#sec-er-mrs-8.02 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 8.02}

An appointing authority may use the procedures in this subchapter to fill permanent classified positions in the department of corrections.

History

Cr. Register, March, 1992, No. 435, eff. 4-1-92; correction made under s. 13.92 (4) (b) 6., Stats., Register September 2012 No. 681.

Wis. Admin. Code § ER-MRS 8.03 Recruitment {#sec-er-mrs-8.03 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 8.03}

(1) An appointing authority shall submit to the director a comprehensive recruitment plan for each job classification subject to this subchapter. The plan shall outline approaches and strategies to attract qualified applicants from affirmative action groups.

(2) The appointing authority shall obtain approval of the recruitment plan from the director prior to announcing the position vacancy.

History

Cr. Register, March, 1992, No. 435, eff. 4-1-92; correction in (1), (2) made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER-MRS 8.04 Assessment {#sec-er-mrs-8.04 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 8.04}

(1) The appointing authority shall develop a plan to assess applicants, establish employment registers and certify applicants to be interviewed. The appointing authority shall obtain approval of the plan from the director before announcing the position vacancy. Approval shall be based on both of the following:

(a) Whether the plan will provide the appointing authority with the greatest opportunity to select qualified applicants from affirmative action groups.

(b) Whether the plan includes valid, job-related assessment criteria.

(2) With the director’s approval, the appointing authority may assess applicants using techniques including oral evaluations; performance exercises; evaluation of training, education, or experience; writing samples or other techniques. An appointing authority may design the assessment techniques to categorize applicants into groups of eligible applicants.

History

Cr. Register, March, 1992, No. 435, eff. 4-1-92; corrections in (1) (intro.), (2) made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; CR 18-006: am. (2) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 8.05 Certification {#sec-er-mrs-8.05 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 8.05}

With the director’s approval, the appointing authority may determine how many applicants to interview. The director may provide an appointing authority with additional names of qualified applicants from affirmative action groups in order to comply with an approved affirmative action plan or program or to hire persons with disabilities. The number of names shall not be limited to the number specified in s. 230.25 (1n) (a), Stats.

History

Cr. Register, March, 1992, No. 435, eff. 4-1-92; correction made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; CR 18-006: am. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 8.06 Review of recruitment and hiring results {#sec-er-mrs-8.06 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 8.06}

The director shall periodically review the results of recruitment and hiring procedures established under this subchapter. The department of corrections shall, on request, provide the director with the information and data needed to evaluate the program.

History

Cr. Register, March, 1992, No. 435, eff. 4-1-92; correction made under s. 13.92 (4) (b) 6., Stats., Register September 2012 No. 681; correction made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; CR 18-006: am. Register July 2018 No. 751, eff. 8-1-18.

Subchapter II Entry Professional Program

Wis. Admin. Code § ER-MRS 8.20 Policy {#sec-er-mrs-8.20 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 8.20}

(1) This subchapter implements s. 230.22 (3), Stats., which authorizes the director to establish separate recruitment, evaluation and certification procedures for entry professional positions. This authority is intended to give appointing authorities of state agencies flexibility to recruit, assess and certify persons for entry professional positions so that the state can compete with other employers for the most qualified candidates.

(2) In accordance with ss. 230.15 (1) and 230.16 (4), Stats., all appointments under this subchapter shall be made only according to merit and fitness and all selection criteria shall be job-related in compliance with appropriate validation standards.

History

Cr. Register, March, 1992, No. 435, eff. 4-1-92; correction in (1) made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; CR 18-006: am. (2) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 8.21 Applicability {#sec-er-mrs-8.21 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 8.21}

(1) An appointing authority may use the recruitment, evaluation and certification procedures in this subchapter to fill vacancies in entry professional positions for which open recruitment under s. ER-MRS 11.02 (1) is used.

(2) The administrator shall determine which entry professional job classifications may be filled under this subchapter, pursuant to criteria established by the administrator in ch. ER 8.

History

Cr. Register, March, 1992, No. 435, eff. 4-1-92; corrections in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; correction in (2) made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; CR 18-006: am. (1) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 8.22 Recruitment {#sec-er-mrs-8.22 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 8.22}

(1) The appointing authority shall develop a comprehensive recruitment plan for each job announcement on a form provided by the director.

(2) The appointing authority shall submit the plan for the director’s approval before announcing the position vacancy or beginning recruitment activities. The director shall decide whether the plan complies with this subchapter’s requirements and intent.

(3) The recruitment plan shall include measures to achieve equal employment opportunities and affirmative action policies, standards and plans established under ss. 230.01 (2) and 230.04 (9), Stats.

History

Cr. Register, March, 1992, No. 435, eff. 4-1-92; corrections in (1), (2) made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER-MRS 8.23 Assessment of applicants {#sec-er-mrs-8.23 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 8.23}

(1) The appointing authority shall develop a plan to assess applicants and establish an employment register. The appointing authority shall obtain approval of the plan from the director before announcing the position vacancy or beginning recruitment activities. The director shall determine whether the plan complies with this subchapter’s requirements and intent and whether the plan includes valid, job-related assessment criteria.

(2) All applicants shall be admitted to the initial assessment process, but only those applicants who meet the assessment criteria for the position may be given further consideration.

(3) The assessment plan shall include the assessment techniques and criteria to be used to rate applicants. The assessment techniques and criteria shall include an evaluation of the applicant’s qualifications which may be based on an evaluation of advanced educational achievements and relevant experience, written examinations, oral examinations, performance exercises, an evaluation of writing samples or other methods approved by the director. Additional assessment techniques may be used after the initial applicant evaluation to decrease or increase the number of applicants to be given further consideration in the hiring process.

(4) The assessment techniques may result in applicants being categorized into groups such as “eligible” or “ineligible” or other rating categories approved by the director.

(5) Not more than 25% of all vacancies in all entry professional positions, on an annual basis, may be limited to persons with degrees from institutions of higher education, as defined in s. 108.02 (18), Stats., or degrees under an associate degree program, as defined in s. 38.01 (1), Stats. Vacancies may not be limited to persons with degrees without the approval of the director.

History

Cr. Register, March, 1992, No. 435, eff. 4-1-92; corrections in (1), (3) to (5) made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER-MRS 8.24 Certification {#sec-er-mrs-8.24 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 8.24}

(1) With the approval of the director, the appointing authority shall determine the number of applicants to interview. The determination shall be designed to produce a manageable number of qualified applicants to be interviewed and shall be based on job-related assessment and affirmative action criteria.

(2) The director may provide an appointing authority with additional names of qualified applicants from affirmative action groups in order to comply with an approved affirmative action plan or program or to hire persons with disabilities. The number of names shall not be limited to the number specified in s. 230.25 (1n) (a), Stats.

History

Cr. Register, March, 1992, No. 435, eff. 4-1-92; correction in (1), (2) made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; CR 18-006: am. (2) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 8.25 Registers {#sec-er-mrs-8.25 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 8.25}

An applicant included on a register shall remain on the register for the time period specified in the appointing authority’s assessment plan, but for not less than 6 months.

History

Cr. Register, March, 1992, No. 435, eff. 4-1-92.

Wis. Admin. Code § ER-MRS 8.27 Effect of other laws and rules {#sec-er-mrs-8.27 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 8.27}

The provisions of ch. 230, Stats., and chs. ER-MRS 6, 11 and 12 which do not conflict with this subchapter shall apply to appointments made under this subchapter.

History

Cr. Register, March, 1992, No. 435, eff. 4-1-92; correction made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466.

Chapter ER-MRS 10 LIMITED TERM APPOINTMENTS

Wis. Admin. Code § ER-MRS 10.03 Approval by director {#sec-er-mrs-10.03 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 10.03}

Prior approval of the duration of a limited term appointment by the director is required before making a limited term appointment.

Note: Section 2015 (3) (c) of 1983 Wis. Act 27, granted authority for approval of the duration of limited term appointments to the director, bureau of merit recruitment and selection, and authority for approval of class and pay rate for limited term appointments to the administrator, division of personnel management. This revision reflects that division of authority with respect to limited term appointments.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; r. (2) and renum. from Pers 10.05 (1) and am., Register, February, 1981, No. 302, eff. 3-1-81; am., Register, May, 1988, No. 389, eff. 6-1-88; corrections made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER-MRS 10.035 Exclusions {#sec-er-mrs-10.035 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 10.035}

An individual appointed to a limited term position must be qualified to perform the duties of the position. A limited term appointment may not be made for a person who is not a state resident, under s. 230.26 (1m), Stats., unless approved by the director. A limited term appointment may not violate s. ER-MRS 24.04 or subch. II of ch. 40, Stats.

History

CR 18-006: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 10.04 Procedures and records {#sec-er-mrs-10.04 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 10.04}

(1) Procedures for recruitment and selection as set forth in subch. II of ch. 230, Stats., may be modified to expedite the appointment of limited term employees.

(2) In order to safeguard the public interest, recruitment and selection procedures must be in accordance with the standards established by the director, and the appointing authority shall maintain such records of the procedures followed in making limited term appointments as are determined to be necessary by the director. Limited term appointments shall be made so as to contribute to a competent work force with due consideration given to affirmative action.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; (1) renum. from Pers 10.06 and am., cr. (2), Register, February, 1981, No. 302, eff. 3-1-81; am., Register, May, 1988, No. 389, eff. 6-1-88; correction in (2) made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; CR 18-006: am. (2) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 10.05 Status of employees on limited term appointments {#sec-er-mrs-10.05 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 10.05}

Limited term employees do not earn permanent status and are denied benefits and rights specified under s. 230.26 (4), Stats.

History

Cr. (1), (2) renum. from Pers 10.07 (2) and am., Register, February, 1981, No. 302, eff. 3-1-81; am. (1), renum. (2) to be (3), cr. (2), Register, February, 1983, No. 326, eff. 3-1-83; (2) and (3) renum. to be ER 10.045 and 10.02 (4) and am., Register, May, 1988, No. 389, eff. 6-1-88.

Wis. Admin. Code § ER-MRS 10.06 Violations {#sec-er-mrs-10.06 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 10.06}

(1) If the director finds an agency has failed to comply with limited term appointment standards established under this chapter, the director may remove the incumbents of positions for which appointment standards were not followed. Employees subject to removal under this section shall be given notice of removal. The director may also withdraw all delegated authority for making limited term appointments from the agency until such time as, in the judgment of the director, the agency takes appropriate measures to ensure that future limited term appointments will be in compliance with established standards.

(2) Limited term employees who have reached or exceeded the hours or earnings limitations established by s. 230.26 (1) or 16.417 (2), Stats., respectively, shall be immediately removed from the position.

History

CR 18-006: cr. Register July 2018 No. 751, eff. 8-1-18.

Chapter ER-MRS 11 EMPLOYMENT REGISTERS

Wis. Admin. Code § ER-MRS 11.01 Establishment and maintenance of registers {#sec-er-mrs-11.01 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 11.01}

(1) The director shall establish and maintain employment registers needed to fill positions in the classified service.

(2) Employment registers under s. ER-MRS 11.02, may be established by functional grouping of titles, class title, subtitle or recruitment option.

(3) Names may be integrated into employment registers when, in the judgment of the director, the needs of the service will be benefited.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. Register, February, 1981, No. 302, eff. 3-1-81; am. (2), Register, May, 1988, No. 389, eff. 6-1-88; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; corrections in (1), (3) made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER-MRS 11.02 Types of registers {#sec-er-mrs-11.02 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 11.02}

(1) Open competitive. Open competitive registers are registers that are established through competition open to all qualified applicants within and outside of the service.

(3) Geographic. Registers may be established on a geographic basis with the approval of the director.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. (1) and (2), r. and recr. (3), Register, February, 1981, No. 302, eff. 3-1-81; am. (2), Register, May, 1988, No. 389, eff. 6-1-88; correction in (3) made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; CR 18-066: r. (2) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 11.03 Term of eligibility on an employment register {#sec-er-mrs-11.03 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 11.03}

(1) Open competitive registers. Eligibility on a register continues for 6 months from the date the register was established or, on an integrated register, 6 months from the date the individual is placed on the register. The director may allow a register to expire after 3 months, but only after considering the impact of such an action on the policy of this state to provide for equal employment opportunity and to take affirmative action, as specified in s. 230.01 (2), Stats.

(2) Reactivation of register. The director may reactivate a register up to one year from the date it was established. The appointing authority may request an extension of the reactivation, not to exceed a total of 3 years. Names on the reactivated register may be integrated with those on a subsequently established register.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; r. (2), renum. (1) (a) and (b) to be (1) and (2) and am. (2), Register, February, 1981, No. 302, eff. 3-1-81; am. (1), Register, December, 1999, No. 528, eff. 1-1-00; corrections in (1), (2) made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; CR 18-006: am. (title), (2) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 11.04 Removal of names from registers; refusal to certify applicants {#sec-er-mrs-11.04 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 11.04}

(1) In addition to the reasons given in s. ER-MRS 6.10, the director may remove a name from a register or refuse to certify an applicant under any of the following circumstances:

(a) Appointment. When a person is appointed, the person’s name shall be removed from the register, but may be restored on such register upon written request.

(b) Failure to respond to inquiry. When a person does not respond within the established deadline, not less than 2 work days following an invitation to participate in subsequent steps.

(d) Non-selection after 3 appointments. For each 3 appointments made from a register, up to 2 persons who have been considered for appointment 3 times and not selected may be removed from the register. Such removals shall be based upon a job-related reason reported to the director by the appointing authority.

(f) Limitations on certifications. After a person has been certified from a register to 3 vacancies, the person’s name may be suspended from the register and not included in subsequent certifications from the register when, in the judgment of the director, such action is consistent with sound, technical, personnel management practices as required by s. 230.17, Stats., and with affirmative action as required by s. 230.03 (2) (a) to (c), Stats.

(g) Failure to accept condition of employment. When a person will not accept a previously established condition of employment for the classification.

(h) Failure to appear for scheduled interview. When a person does not appear for a mutually agreed upon scheduled interview and does not provide a valid reason for such failure to appear within one work day of the interview date.

(2) Names may be reactivated on or restored to the registers whenever information is received by the director which nullifies the reason for removal.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. (1) (intro.), (a), (b), (d) and (2), cr. (1) (f), Register, February, 1981, No. 302, eff. 3-1-81; cr. (1) (g), Register, February, 1983, No. 326, eff. 3-1-83; am. (1) (intro.), (d) to (f), Register, May, 1988, No. 389, eff. 6-1-88; correction in (1) (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; cr. (1) (h), Register, July, 2000, No. 535, eff. 8-1-00; corrections in (1) (intro.), (d), (f), (2) made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; CR 18-006: am. (1) (b), r. (1) (e), am. (1) (h) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 11.05 Statement of availability {#sec-er-mrs-11.05 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 11.05}

It shall be the responsibility of an applicant to inform the director of any change in the applicant’s availability, contact information, and the conditions under which the applicant will accept employment.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. Register, February, 1981, No. 302, eff. 3-1-81; correction made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; CR 18-006: am. Register July 2018 No. 751, eff. 8-1-18.

Chapter ER-MRS 12 CERTIFICATION AND APPOINTMENT

Wis. Admin. Code § ER-MRS 12.01 Action by appointing authority {#sec-er-mrs-12.01 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 12.01}

To fill a vacancy, the appointing authority shall submit a request to the director.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. Register, February, 1981, No. 302, eff. 3-1-81; CR 04-138: am. Register June 2004 No. 594, eff. 7-1-05; correction made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER-MRS 12.02 Action by the director {#sec-er-mrs-12.02 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 12.02}

The director shall certify eligible applicants as provided in the law and rules or authorize appointment by other means as provided in s. 230.08 (7), 230.15 (1) and (2), 230.213, 230.22 (3), 230.24 (1), or 230.275 (1), Stats. The director may submit the names of persons interested in transfer, reinstatement or voluntary demotion along with a certification or, at the request of the appointing authority, in lieu of a certification.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. Register, February, 1981, No. 302, eff. 3-1-81; am. (1), Register, February, 1983, No. 326, eff. 3-1-83; am. (intro.), Register, March, 1992, No. 435, eff. 4-1-92; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; corrections in (1), (2), (3)made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; CR 18-006: consol. (intro.) and (3) and renum. ER-MRS 12.02 and am., r. (1), (2) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 12.03 Selective certification {#sec-er-mrs-12.03 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 12.03}

Whenever a specific position within a classification requires special qualifications, the director may selectively certify persons having those qualifications. In such cases, the qualifications of the eligible persons on the register shall be reviewed to determine if they include the required special qualifications beginning with the highest ranking eligible person and continuing until the director determines certification should be made.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. Register, February, 1981, No. 302, eff. 3-1-81; am., Register, May, 1988, No. 389, eff. 6-1-88; correction made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

(1) Lacking a complete certification from a register, the appointing authority may request additional names to complete the certification from another appropriate register as determined by the director.

(2) The director may certify additional names from registers of related classes in the same, counterpart or higher pay ranges to fill out an incomplete certification, or may make a certification from registers of classes in the same, counterpart or higher pay ranges when no register exists for the class for which certification is requested. Such decisions shall include a determination by the director that the competitive procedures for the same or higher classes or classes in counterpart pay ranges are job related for the work of the position for which certification is to be made.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. Register, February, 1981, No. 302, eff. 3-1-81; am., (2), Register, May, 1988, No. 389, eff. 6-1-88; corrections in (1), (2) made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; CR 18-006: am (2) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 12.05 Use of expanded certification for a specified gender and minorities {#sec-er-mrs-12.05 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 12.05}

The director may provide for certifications under the provisions of s. 230.25 (1n), Stats., as a supplement to certifications made under the provisions of s. 230.24 (1) or 230.25 (1) and (1m), Stats.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81; am. (1), Register, February, 1983, No. 326, eff. 3-1-83; am. (intro.), r. (1) and (2), Register, May, 1988, No. 389, eff. 6-1-88; correction made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER-MRS 12.06 Disability expanded certification {#sec-er-mrs-12.06 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 12.06}

(1) The director may provide for certifications under the provisions of s. 230.25 (1n), Stats., as a supplement to certifications made under the provisions of s. 230.24 (1) or 230.25 (1) and (1m), Stats.

(2) To be eligible for certification under this section, a person shall have a permanent physical or mental impairment which substantially limits the major life activity of working. In this subsection, “substantially limits” means significantly restricts the ability to perform either a class or broad range of jobs compared to the average person who has comparable training, skills and abilities.

(3) Eligibility for certification under this section shall be limited to persons who provide the director a written verification of their impairment prior to certification. The verification shall be submitted on a form provided by the director and shall be completed by a qualified professional who is knowledgeable about the person’s impairment and its effect on the person’s ability to work. In this subsection, a “qualified professional” means a physician, psychologist, psychiatrist, rehabilitation-vocational counselor, high school special education teacher, counselor at the division of vocational rehabilitation, or other persons, as approved by the director. The eligibility shall be valid for all positions for which the person applies for 5 years after the date the director receives the verification. A person may submit an additional verification at any time after a previous verification expires.

Note: Forms are available free from the Bureau of Merit Recruitment and Selection, 101 East Wilson Street, 4th Floor, Madison, or by mail at PO Box 7855, Madison, WI 53707-7855, at www.wiscjobs.state.wi.us, or at other locations throughout the state where Applications for State Employment are available.

History

Cr. Register, May, 1988, No. 389, eff. 6-1-88; emerg. cr. (1) and (2), eff. 5-17-90; renum. ER-Pers 12.06 to be ER-Pers 12.06 (1), cr. (2) and (3), Register, January, 1991, No. 421, eff. 2-1-91; am. (2) and (3), Register, August, 1992, No. 440, eff. 9-1-92; corrections in (1), (3) made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; CR 18-006: am. (1), (3) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 12.07 Additional certifications {#sec-er-mrs-12.07 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 12.07}

The director may, under s. 230.08 (7), Stats., certify additional names to supplement those certified under s. ER-MRS 12.06. The additional names shall be those of candidates with a disability for whom the director has waived the competitive procedure requirement. The director may waive the competitive procedure requirement for a person with a disability under this section if the director determines that the disability precludes the person from equitably participating in the competitive procedure used to evaluate candidates certified under s. 230.24 (1) or 230.25, Stats., because of impaired sensory, manual, reading or speaking skills not related to the tasks to be performed after reasonable accommodations have been made on the job.

History

Cr. Register, May, 1988, No. 389, eff. 6-1-88; correction made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; CR 04-138: am. Register June 2005 No. 594, eff. 7-1-05; correction made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; CR 18-006: am. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 12.08 Confirmation of appointment {#sec-er-mrs-12.08 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 12.08}

Confirmation of appointment shall be in writing by the appointing authority and shall be provided to the employee no later than the first day of employment. Such letter of appointment shall include conditions of employment such as starting date, rate of pay, and probationary period to be served.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81; renum. from ER-Pers 12.07 and am., Register, May, 1988, No. 389, eff. 6-1-88; CR 18-066: am. Register July 2018 No. 751, eff. 8-1-18.

Chapter ER-MRS 13 PROBATIONARY PERIODS

Wis. Admin. Code § ER-MRS 13.01 Definitions {#sec-er-mrs-13.01 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 13.01}

The following are definitions for terms used in this chapter.

(1) “Student cooperative program” means those cooperative programs in which individuals participate as provided in s. 230.22 (4), Stats.

(2) “Understudy” means any person appointed under s. 230.04 (11), Stats.

Note: The definition of probationary period is set forth under s. ER-MRS 1.02 (24).

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. Register, February, 1981, No. 302, eff. 3-1-81; am. Register, February, 1983, No. 326, eff. 3-1-83; r. and recr. Register, May, 1988, No. 389, eff. 6-1-88.

Wis. Admin. Code § ER-MRS 13.015 Purpose {#sec-er-mrs-13.015 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 13.015}

During the probationary period the work of the employee is to be closely observed to determine if the employee is effectively able to carry out the assigned duties and responsibilities on a continuing basis.

History

Cr. Register, May, 1988, No. 389, eff. 6-1-88.

Wis. Admin. Code § ER-MRS 13.02 Duration {#sec-er-mrs-13.02 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 13.02}

All probationary periods shall be one year in duration, except:

(1) In the case of an understudy, intern, trainee, student cooperative program or an apprentice appointment, the probationary period shall be lengthened by the total length of such understudy, intern, trainee, student cooperative program or apprentice period.

(2) In the case of employees who have not demonstrated the capacity to be granted permanent status in class within 12 months after the beginning of an original or promotional probationary period, the director may, at the request of an appointing authority, extend the probationary period for up to 12 additional months, provided the extension is desirable on the basis of factors such as:

(a) Unanticipated change in the program or duty assignment, or

(b) Substantial change in performance.

(3) In the case of administrative, technical or professional positions, at the request of an appointing authority, the director may, prior to certification of applicants, establish a probationary period of up to 2 years in order to provide the appointing authority assurance that the employee will have adequate exposure during the probationary period to the various duties and responsibilities which are a part of the position.

(4) In the case of permissive probationary periods, the last 6 months may be waived by the appointing authority.

(5) In the case of initial appointments to positions designated as supervisory or managerial as defined under s. 111.81, Stats., all probationary periods shall be for one year duration, no portion of which may be waived.

(6) In cases where it is specifically provided otherwise in separate pay schedules.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; r. (2), am. (1) and (6), renum. (3) to (5) to be (2) to (4) and am., cr. (5), Register, February, 1981, No. 302, eff. 3-1-81; am. (1), Register, May, 1988, No. 389, eff. 6-1-88; corrections in (2), (3), (5) made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; CR 18-006: am. (intro.), (2) (intro.), (4), (5) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 13.03 When probation required {#sec-er-mrs-13.03 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 13.03}

A probationary period is required for:

(1) All original appointments;

(2) All promotional appointments;

(3) The duration that an employee is serving a trainee, intern, apprentice, student cooperative program or understudy appointment; and

(4) Upon qualifying for the objective classification after completion of the trainee, intern, apprentice, student cooperative program or understudy period.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; cr. (intro.), am. (1) and (2), renum. (3) to be (3) (a) and am., cr. (3) (b), r. (4), Register, February, 1981, No. 302, eff. 3-1-81; renum. from Pers 13.04, Register, February, 1983, No. 326, eff. 3-1-83; am. Register, May, 1988, No. 389, eff. 6-1-88.

Wis. Admin. Code § ER-MRS 13.04 Permissive probationary period provisions {#sec-er-mrs-13.04 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 13.04}

(1) For the application of permissive probationary periods on:

(a) Transfer: See ss. ER-MRS 15.03 15.04, and 15.08.

(b) Reinstatement: See s. ER-MRS 16.04 (1).

(2) The appointing authority shall make a determination as to whether the appointee shall serve a permissive probationary period and shall so notify that employee in the letter of appointment.

(3) The appointing authority may waive these permissive probationary periods at any time following the initial six month requirement. The employee shall be notified by the appointing authority of the determination to waive such employee’s probationary period.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. Register, February, 1981, No. 302, eff. 3-1-81; renum. from Pers 13.05, Register, February, 1983, No. 326, eff. 3-1-83; corrections in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; CR 18-006: am. (1) (a), (3) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 13.045 Probationary period for positions brought into the classified service {#sec-er-mrs-13.045 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 13.045}

If an incumbent employee is certified and appointed under s. 230.15 (1m) (c), Stats., the director shall determine the employee’s probationary status under s. 230.28, Stats., except that the employee shall receive credit toward any probationary period for the time the employee had been employed in the position immediately prior to appointment under s. 230.15 (1m) (c), Stats.

History

Emerg. cr. eff. 3-5-93; cr. Register, August, 1993, No. 452, eff. 9-1-93; correction made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER-MRS 13.05 Absence from employment {#sec-er-mrs-13.05 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 13.05}

(1) Up to 348 work hours. If an employee has absences from employment not exceeding 348 work hours or prorated portion for part-time employees for any reason approved by the appointing authority, the appointing authority shall determine whether such absence shall be waived from the probationary time or the probationary period is to be extended to cover such absence. The employee shall be given written notice of such extension.

(2) More than 348 work hours. If an employee has such absence from employment totaling more than 348 work hours or the prorated portion for part-time employees, during a probationary period identified in s. ER-MRS 13.03, the probationary period shall be extended by the length of the time absent, except that up to 348 work hours or prorated portion for part-time employees may be waived by the appointing authority. For permissive probationary periods, such extension is at the discretion of the appointing authority except that the employee must serve a minimum of 6 months consistent with s. ER-MRS 13.02 (4). The employee shall be given written notice of such extension.

(3) Termination due to pending layoff. If an employee was terminated during a probationary period due to a pending layoff prior to July 1, 2016, and is later reinstated, the time served may be carried over at the discretion of the new appointing authority. Determination of any such carry-over shall be specified at the time of the reinstatement and written notice given to the employee and a record of such notification kept on file.

(4) Resignation. If an employee resigns during a probationary period, and is later reappointed from the same employment register, the time served shall not be carried over.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. (5) Register, September, 1975, No. 237, eff. 10-1-75; am. (1) and (5), Register, December, 1976, No. 252, eff. 1-1-77; am. (1) to (4), r. (5), Register, February, 1981, No. 302, eff. 3-1-81; renum. from Pers 13.06, Register, February, 1983, No. 326, eff. 3-1-83; CR 18-006: am. (1) to (3) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 13.06 Transfer while serving a probationary period {#sec-er-mrs-13.06 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 13.06}

See s. ER-MRS 15.07.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; r. and recr. Register, February, 1981, No. 302, eff. 3-1-81; renum. from Pers 13.07, Register, February, 1983, No. 326, eff. 3-1-83; correction made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466.

Wis. Admin. Code § ER-MRS 13.07 Time not counted {#sec-er-mrs-13.07 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 13.07}

Time served in a project appointment or limited term appointment, including an emergency or provisional appointment, shall not be counted as a part of any probationary period.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. Register, February, 1981, No. 302, eff. 3-1-81; renum. from Pers 13.08, Register, February, 1983, No. 326, eff. 3-1-83.

Wis. Admin. Code § ER-MRS 13.08 Dismissal {#sec-er-mrs-13.08 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 13.08}

(1) Action by appointing authority. The appointing authority may dismiss any employee without the right of appeal during the employee’s probationary period. Dismissals shall not be made on a discriminatory basis as defined under ss. 111.31 to 111.395, Stats.

(2) Dismissal notice required. When a probationary employee is to be dismissed, the appointing authority shall immediately provide written notice to the employee to be dismissed of the reasons for dismissal, the date on which dismissal is to occur, and that the employee may be restored to the register from which he or she was appointed, if it still exists, upon request to and with the approval of the director pursuant to s. 230.28 (3), Stats. A copy of such notice shall be sent to the director. An employee who has permanent status and is dismissed while on a probationary period under the provisions of s. ER-MRS 14.03 or 15.055, shall also be notified whether or not the employee will be restored to the employee’s former position, or to a position assigned to a class having the same pay rate or pay range maximum, or to a position in a class assigned to a counterpart pay rate or pay range.

Note: For rights of employees who are terminated from a position while serving a probationary period resulting from promotion, transfer or demotion, see ch. ER-MRS 14, 15 or 17, respectively.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. (1) and (2), Register, December, 1976, No. 252, eff. 1-1-77; am. Register, February, 1981, No. 302, eff. 3-1-81; renum. from Pers 13.09 and am. Register, February, 1983, No. 326, eff. 3-1-83; r. (1) (b) and (3), am. (2), Register, May, 1988, No. 389, eff. 6-1-88; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; correction in (2) made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER-MRS 13.09 Attainment of permanent status in class {#sec-er-mrs-13.09 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 13.09}

Permanent status in class is attained immediately upon completion of the last work period to which the employee was assigned to work during his or her probationary period regardless of whether it falls on or before the last day of the probationary period. Prior to the end of the probationary period, the appointing authority shall notify the employee in writing that the employee will attain permanent status in class. No employee may be denied permanent status in class after successfully completing a probationary period because an appointing authority fails to submit notice.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. Register, February, 1981, No. 302, eff. 3-1-81; renum. from Pers 13.10, Register, February, 1983, No. 326, eff. 3-1-83; am., Register, May, 1988, No. 389, eff. 6-1-88.

Chapter ER-MRS 14 PROMOTION

Wis. Admin. Code § ER-MRS 14.015 Policy {#sec-er-mrs-14.015 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 14.015}

Promotional appointments shall be made so as to contribute to a competent and balanced workforce. Promotional appointments shall be made as a result of open competition.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81; CR 18-006: am. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 14.02 Exclusions {#sec-er-mrs-14.02 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 14.02}

(1) The appointment of an employee to a different position in a higher classification while the employee is serving a probationary period on an original or promotional appointment shall be considered a new original appointment or new promotional appointment, respectively.

(2) The appointment of a former employee who previously had permanent status in class to a position in a higher classification than the employee’s former class, after a break in service not covered by leave of absence provisions of ch. ER 18 or a collective bargaining agreement, or the layoff provisions of ch. ER-MRS 22 or a collective bargaining agreement, shall be considered an original appointment.

(3) The permissive appointment of an employee to a different position in a higher class than the highest position currently held in which the employee has permanent status in class, when the employee has reinstatement eligibility to the higher class, is a reinstatement, except as provided in sub. (5).

(4) The appointment of an employee to a different position in a higher class than the highest position currently held in which the employee has permanent status in class, when the employee has restoration rights to the higher class, is a restoration.

(5) The permissive appointment of an employee to a different position in a higher class than the highest position currently held in which the employee has permanent status in class, when the employee has been certified from a register as eligible for appointment, may be considered a promotion when the position is in a class, class subtitle or progression series in which the employee has not previously attained permanent status in class.

(6) For provisions relating to the appointment of persons or employees to positions classified as trainee, see ch. ER 44.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. Register, February, 1981, No. 302, eff. 3-1-81; am. (2), renum. (3) to be (6) and am., cr. (3) to (5), Register, May, 1988, No. 389, eff. 6-1-88; correction in (2) and (6) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; CR 04-138: am. (5) Register June 2005 No. 594, eff. 7-1-05; CR 18-006: am. (5), (6) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 14.03 Kinds of promotion; status and rights {#sec-er-mrs-14.03 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 14.03}

(1) Promotion within the same agency. In accordance with s. 230.28 (1), Stats., the promoted employee shall be required to serve a probationary period. At any time during this period the appointing authority may remove the employee from the position to which the employee was promoted without the right of appeal and shall restore the employee to the employee’s former position or a similar position and former rate of pay, as determined under s. ER 29.03 (7) (a) or the compensation plan. Any other removal, suspension without pay, or discharge during the probationary period shall be subject to s. 230.44 (1) (c), Stats. If the position to which the employee has restoration rights has been abolished, the employee shall be given consideration for any other vacant position in the same or counterpart pay range for which the employee is determined to be qualified by the appointing authority to perform the work after being given the customary orientation provided for newly hired workers. If no such vacant position exists, the employee shall be treated as if he or she had been restored to the position held prior to promotion and the provisions for making layoffs under ch. ER-MRS 22 shall apply.

Note: For pay on promotion, new promotion and restoration, see s. ER 29.03 (4) (b), (4) (c) and (7) (a), respectively, or the compensation plan.

(2) Promotion between agencies. In accordance with s. 230.28 (1), Stats., the promoted employee shall be required to serve a probationary period. At any time during this period the appointing authority may dismiss the promoted employee from the service without the right of appeal.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. (1), Register, December, 1976, No. 252, eff. 1-1-77; am. Register, February, 1981, No. 302, eff. 3-1-81; am. (1), Register, May, 1988, No. 389, eff. 6-1-88; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; CR 04-138: am. (1) Register June 2005 No. 594, eff. 7-1-05; CR 18-006: am. (2) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 14.04 Pay on promotion {#sec-er-mrs-14.04 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 14.04}

See s. ER 29.03 (4) or the compensation plan.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. Register, September, 1975, No. 237, eff. 10-1-75; r. and recr. Register, February, 1981, No. 302, eff. 3-1-81; correction made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; CR 04-138: am. Register June 2005 No. 594, eff. 7-1-05.

Chapter ER-MRS 15 TRANSFER

Wis. Admin. Code § ER-MRS 15.01 Eligibility for transfer {#sec-er-mrs-15.01 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 15.01}

To be eligible for transfer, an employee shall be qualified to perform the work of the position to which the employee would transfer after customary orientation provided for a newly hired worker in the position.

Note: See ER-MRS 1.02 (33) for a definition of transfer.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. Register, December, 1976, No. 252, eff. 1-1-77; am. Register, February, 1981, No. 302, eff. 3-1-81; am. Register, February, 1983, No. 326, eff. 3-1-83; r. and recr. Register, May, 1988, No. 389, eff. 6-1-88.

Wis. Admin. Code § ER-MRS 15.02 Authorization by director {#sec-er-mrs-15.02 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 15.02}

The director may waive competition for a voluntary transfer upon written request by an appointing authority provided the employee meets the eligibility requirement under s. ER-MRS 15.01 and that the position to which the employee is transferring is assigned to a class in the same or counterpart pay rate or pay range to which any of the employee’s current positions is assigned, and such documentation is provided to the director. The director may delegate this authority to appointing authorities. The director may authorize an involuntary transfer, upon written request by an appointing authority, due to performance, discipline, or operational needs.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; r. and recr. Register, February, 1981, No. 302, eff. 3-1-81; r. and recr. Register, May, 1988, No. 389, eff. 6-1-88; correction made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; corrections made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; CR 18-006: am. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 15.03 Transfer between agencies {#sec-er-mrs-15.03 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 15.03}

An employee who transfers between agencies may be required by the appointing authority to serve a probationary period, except that a probationary period shall be required upon transfer to any position identified in s. ER-MRS 13.02 (1). An employee serving such a probationary period after transferring from a position in which the employee had permanent status in class or who has transferred under s. ER-MRS 15.07, may be separated from the service without the right of appeal at the discretion of the appointing authority.

Note: For pay on transfer see s. ER 29.03 (5) or the compensation plan.

History

Cr. October, 1972, No. 202, eff. 11-1-72; renum. from Pers 15.04 (1) and am., Register, February, 1981, No. 302, eff. 3-1-81; am. Register, February, 1983, No. 326, eff. 3-1-83; am. Register, May, 1988, No. 389, eff. 6-1-88; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; CR 18-066: am. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 15.04 Transfer between different employing units of the same agency {#sec-er-mrs-15.04 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 15.04}

(1) An employee who transfers between different employing units of the same agency may be required by the appointing authority to serve a probationary period, except that a probationary period shall be required upon a transfer to a trainee position. If the transfer is to a position in a different class and no probationary period resulting from the transfer is required, the employee shall immediately attain permanent status in class. An employee who transfers while serving a probationary period may continue in the probationary status being served prior to transfer or begin a new probationary period under s. ER-MRS 15.07.

(2) An employee currently serving a permissive probationary period or an employee not currently serving a probationary period who is involuntarily transferred will not be required to serve a probationary period and the employee shall immediately attain permanent status in class.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; renum. (2) to be (1) and (2) and am., Register, February, 1981, No. 302, eff. 3-1-81; r. (intro.), renum. (1) and am., renum. (2) to be ER-Pers 15.055 and am. Register, February, 1983, No. 326, eff. 3-1-83; correction made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; CR 04-138: am. Register June 2005 No. 594, eff. 7-1-05; CR 18-006: renum. ER-MRS 15.04 to 15.04 (1) and am., cr. (2) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 15.05 Transfer within the same employing unit {#sec-er-mrs-15.05 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 15.05}

No employee who transfers or who is involuntarily transferred within the same employing unit either to a position in a different class or to a different position in the same class may be required to serve a probationary period, except that a probationary period shall be required upon transfer to a trainee position.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. (3), Register, September, 1975, No. 237, eff. 10-1-75; renum. from Pers 15.04 (3) and am., Register, February, 1981, No. 302, eff. 3-1-81; am. Register, February, 1983, No. 326, eff. 3-1-83; CR 04-138: am. Register June 2005 No. 594, eff. 7-1-05.

Wis. Admin. Code § ER-MRS 15.055 Employee removal; status and rights {#sec-er-mrs-15.055 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 15.055}

If a probationary period resulting from a transfer under s. ER-MRS 15.04 or 15.05 is required, the appointing authority, at any time during this period, may remove the employee from the position to which the employee transferred, without the right of appeal. An employee so removed shall be restored to the employee’s previous position or transferred to a position for which the employee is qualified in the same pay range or pay rate or a counterpart pay range or pay rate without a break in employment. Any other removal, suspension without pay, or discharge during a probationary period resulting from transfer shall be subject to s. 230.34, Stats.

History

Renum. from Pers 15.04 (2) and am., Register, February, 1983, No. 326, eff. 3-1-83.

Wis. Admin. Code § ER-MRS 15.06 Pay on transfer {#sec-er-mrs-15.06 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 15.06}

See s. ER 29.03 (5) or the compensation plan.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81; correction made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; CR 04-138: am. Register June 2005 No. 594, eff. 7-1-05.

Wis. Admin. Code § ER-MRS 15.07 Transfer while serving a probationary period {#sec-er-mrs-15.07 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 15.07}

(1) Employees serving a probationary period may transfer to a different position. The probationary period time served prior to such movement shall be carried over if the transfer is within an employing unit. If the transfer is between employing units of the same agency or between agencies, the probationary period time served prior to such movement may be carried over at the discretion of the appointing authority.

(2) Where time served in the probationary period may be carried over at the discretion of the appointing authority, the appointing authority shall give written notice to the employee at the time of appointment of the determination whether the probationary period may be carried over. A record of that determination shall be placed in the employee’s personnel file.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81; CR 04-138: am. Register June 2005 No. 594, eff. 7-1-05; CR 18-006: am. (1) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 15.08 Transfer to a supervisory or management position {#sec-er-mrs-15.08 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 15.08}

An employee who transfers to a supervisory or management position may be required, at the discretion of the appointing authority, to serve a probationary period in accordance with the provisions of s. 230.28 (1) (am) and (4), Stats.

History

Cr. Register, May, 1988, No. 389, eff. 6-1-88; CR 18-066: am. Register July 2018 No. 751, eff. 8-1-18.

Chapter ER-MRS 16 REINSTATEMENT AND RESTORATION

Wis. Admin. Code § ER-MRS 16.01 Definition {#sec-er-mrs-16.01 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 16.01}

Reappointment under this chapter may be either permissive at the discretion of the appointing authority or mandatory as required by the law or rule of the director. In those instances where an employee or former employee has “eligibility” for reinstatement, the action is permissive. In those instances where an employee or former employee has the “right” of restoration, the action is mandatory.

Note: See s. ER-MRS 1.02 (29) and (30) for definitions of reinstatement and restoration.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. Register, February, 1981, No. 302, eff. 3-1-81; am. (2), Register, February, 1983, No. 326, eff. 3-1-83; r. (1), renum. (2) and am. Register, May, 1988, No. 389, eff. 6-1-88; correction made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER-MRS 16.015 Return to a lower position {#sec-er-mrs-16.015 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 16.015}

(1) Return following a break in service not covered by leave or layoff. The appointment of a former employee, who previously acquired permanent status in class, to a position in the same, counterpart or lower class than the one in which permanent status in class was acquired, following a break in service not covered by leave or the layoff provisions of these rules or applicable collective bargaining agreement, shall be considered as an original appointment except when it may be considered a reinstatement under s. ER-MRS 16.035 and the appointing authority chooses to treat such appointment as a reinstatement.

(2) Return to a position at a higher level. For provisions relating to appointment of persons who previously had permanent status in class to a position in a higher class see s. ER-MRS 14.02 (2).

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81; renum. to be (1) and am. and cr. (2), Register, May, 1988, No. 389, eff. 6-1-88; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466.

Wis. Admin. Code § ER-MRS 16.02 Report of appointing authority; approval by director {#sec-er-mrs-16.02 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 16.02}

All reinstatements and restorations shall be reported to the director for approval as may be required.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. Register, February, 1981, No. 302, eff. 3-1-81; corrections made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER-MRS 16.025 Period of eligibility {#sec-er-mrs-16.025 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 16.025}

Except as otherwise provided in s. 230.40 (3), 2013 Stats., and s. 230.33, Stats., the period of eligibility for all reinstatements and restorations shall begin and end as follows:

(2) For reinstatements, the period of eligibility shall begin with the date of separation from the position in which the eligibility was earned and end as follows:

(a) Five years after the date of separation if separation occurred prior to July 1, 2016.

(b) Three years after the date of layoff if layoff occurred on or after July 1, 2016.

(3) For restorations following layoff that occurred prior to July 1, 2016, the period of eligibility shall begin with the date of separation from the position in which the eligibility was earned and end 3 years after the date of separation due to layoff.

(4)

(a) Except as provided in par. (b), any act of reinstatement or restoration must become effective during the applicable period of eligibility specified in s. 230.40 (3), 2013 Stats., or in sub. (2) or (3) or s. 230.33, Stats.

(b) An employee may be reinstated after the expiration of the applicable period of eligibility if the employee submitted a specific request or application for reinstatement to a specific vacancy during the applicable period of eligibility and the employee is reinstated to the specific vacancy.

Note: For definition of year, see s. ER-MRS 1.02 (35).

History

Cr. Register, May, 1988, No. 389, eff. 6-1-88; am. (intro.), (1) to (4) (b), Register, December, 1999, No. 528, eff. 1-1-00; CR 04-138: r. (1), am. (2) and (4) (a) Register June 2005 No. 594, eff. 7-1-05; correction in (intro.), (4) (a) under s. 13.92 (4) (b) 7., Stats., Register December 2016 No. 732; CR 18-006: renum. (2) to (2) (intro.) and am., cr. (2) (a), (b), am. (3) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 16.03 Types and conditions of restoration {#sec-er-mrs-16.03 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 16.03}

(1) Layoff before July 1, 2016. See s. ER-MRS 22.10.

(2) Return from military. An employee returning from military service shall be restored under the provisions of s. 230.32, Stats.

(3) Restoration in accordance with order of Wisconsin Employment Relations commission or court action. See s. 230.44 (4) or 230.445, Stats. A probationary period shall not be required as a result of such restoration.

(4) Return from serving in the unclassified service. An employee returning from an approved leave of absence to the unclassified service shall be restored under the provisions of s. 230.33, Stats.

(5) Restoration following non-completion of probationary period upon promotion or transfer within an agency. See s. 230.28 (1) (d), Stats., and ss. ER-MRS 14.03 (1) and 15.055.

(6) Return from approved leave without pay or summer leave.

(a) General. Return from approved leave without pay or summer leave shall be treated as if it were a restoration under either of the following:

A position at the same level is available. Except as provided in subd. 2., upon the expiration of an approved leave of absence without pay, or sooner if the appointing authority agrees, a classified employee may return to his or her position or to a position in the same or counterpart pay range for which the employee is qualified to perform the work after being given the customary orientation provided for a newly hired worker in the position.
No position at the same level is available. If the position is filled while the employee is on leave or if the position has been abolished and there is no other vacant position available in the same or counterpart pay range in the agency, the employee shall be treated as if he or she had been restored to the previous position, and the provisions for making layoffs under ch. ER-MRS 22 shall apply.

(b) Effect on continuous service and sick leave upon return from leave. Approved leaves without pay shall not operate to interrupt the continuous service or cancel the unused accumulated sick leave of the absent employee.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. (2) and (4), cr. (4m), (7) and (8), Register, September, 1975, No. 237, eff. 10-1-75; am. (2), (3) and (5), r. and recr. (1), (4), (6) and (7), r. (4m) and (8), Register, February, 1981, No. 302, eff. 3-1-81; renum. (6) to be (6) (a) (intro.), cr. (6) (a) 1., and 2., (b) and (c), Register, May, 1988, No. 389, eff. 6-1-88; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; CR 04-138: am. (6) (c) Register June 2005 No. 594, eff. 7-1-05; CR 18-006: am. (1) (title), (3), (5) Register July 2018 No. 751, eff. 8-1-18; cr. (6) (a) (title) under s. 13.92 (4) (b) 2., Stats., Register July 2018 No. 751.

Wis. Admin. Code § ER-MRS 16.035 Types and conditions of reinstatement {#sec-er-mrs-16.035 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 16.035}

(1) General. An employee who, prior to July 1, 2016, has separated from a position in the classified service without misconduct or delinquency or who has accepted a voluntary demotion for personal reasons shall be eligible for reinstatement in any agency for 5 years from the date of such separation or demotion.

(2) Return from unclassified position. Any employee who left the classified service to accept an appointment to an unclassified position shall have reinstatement eligibility in any agency for 5 years following the appointment to the unclassified service or one year after termination of the unclassified appointment, whichever is longer. The benefit under this subsection is in addition to any benefit under s. ER-MRS 16.03 (4).

(3) Downward reallocation or reclassification of a position. An employee whose position has been reallocated or reclassified to a lower class shall have reinstatement eligibility in any agency for 5 years from the date of the action. For definitions of reallocation and reclassification, see s. ER 3.01 (2) and (3), respectively.

Note: Section ER-MRS 16.035 (3) only applies to downward reallocations that occurred prior to July 1, 2016, as provided in s. 230.31, Stats.

(3m) Layoff. See s. ER-MRS 22.11.

(4) Failure to return from leave of absence. If an employee does not return from an approved leave of absence, such failure to return shall be treated as job abandonment under s. ER 21.03, unless the employee submits a letter of resignation as required under s. ER 21.02.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81; am. (3), Register, May, 1988, No. 389, eff. 6-1-88; corrections in (2) and (4) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; am. (1) to (3), Register, December, 1999, No. 528, eff. 1-1-00; corrections in (4) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1999, No. 528; CR 04-138: am. (1) to (3) Register June 2005 No. 594, eff. 7-1-05; CR 18-066: am. (1), cr. (3m) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 16.04 Kinds of reinstatement; probationary status {#sec-er-mrs-16.04 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 16.04}

(1) Reinstatement of persons who previously obtained permanent status in class.

(a) Reinstatement to different agency. A person who is reinstated to an agency other than the one from which the person earned reinstatement eligibility may be required by the appointing authority to serve a probationary period. If not required to serve a probationary period, the employee shall immediately attain permanent status in class. If required to serve a probationary period and during such period the employee’s services are found to be unsatisfactory, the employee may be terminated from the service by the appointing authority without the right of appeal.

(b) Reinstatement to a different employing unit in the same agency. A person who is reinstated to a different employing unit in the same agency from which the person earned reinstatement eligibility may be required by the appointing authority to serve a probationary period. If not required to serve a probationary period, the employee shall immediately attain permanent status in class. If required to serve a probationary period, the employee may be terminated from the service by the appointing authority during the probationary period without the right of appeal. However, if the probation is terminated without misconduct, following reinstatement as a result of layoff, the employee shall continue to have reinstatement eligibility under s. ER-MRS 22.11.

(c) Reinstatement to the same employing unit. A person shall not be required to serve a probationary period when reinstated to the same employing unit from which the person earned reinstatement eligibility and shall immediately attain permanent status in the class, except that a probationary period may be required for reinstatement to a supervisory or management position in accordance with the provisions of s. 230.28 (4), Stats.

(2) Separation during the probationary period. A person who, prior to July 1, 2016, separated from a position without misconduct or delinquency while serving a probationary period may be reinstated to a position in a class in the same pay range or counterpart pay range or in a lower class than the position from which the employee separated at any time during a 5 year period from the date of separation providing the person is qualified to perform the work after the customary orientation provided to a newly hired worker in the position. The probationary time already served may be carried over by the appointing authority, except as provided in s. 230.32 (2) (b), Stats. The appointing authority shall determine the amount of carry-over at the time of the reinstatement and shall give written notice of the amount to the employee. The appointing authority shall keep a copy of that notice on file.

Note: For movement to a position in a lower class while serving an original probationary period, see ER-MRS 17.02 (1).

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. (2), Register, September, 1975, No. 237, eff. 10-1-75; am. Register, February, 1981, No. 302, eff. 3-1-81; am. Register, February, 1983, No. 326, eff. 3-1-83; am. (2), Register, May, 1988, No. 389, eff. 6-1-88; am. (2), Register, December, 1999, No. 528, eff. 1-1-00; CR 04-138: am. (2) Register June 2005 No. 594, eff. 7-1-05; CR 18-006: am. (1) (b), (c), (2) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 16.05 Pay on reinstatement {#sec-er-mrs-16.05 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 16.05}

See s. ER 29.03 (6) or the compensation plan.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; r. and recr. Register, February, 1981, No. 302, eff. 3-1-81; correction made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; CR 04-138: am. Register June 2005 No. 594, eff. 7-1-05.

Wis. Admin. Code § ER-MRS 16.06 Pay on restoration {#sec-er-mrs-16.06 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 16.06}

See s. ER 29.03 (7) or the compensation plan.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. (1), Register, September, 1975, No. 237, eff. 10-1-75; am. (1), Register, December, 1976, No. 252, eff. 1-1-77; r. and recr. Register, February, 1981, No. 302, eff. 3-1-81; correction made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; CR 04-138: am. Register June 2005 No. 594, eff. 7-1-05.

Chapter ER-MRS 17 DEMOTION

Wis. Admin. Code § ER-MRS 17.01 Eligibility for demotion {#sec-er-mrs-17.01 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 17.01}

To be eligible for demotion, an employee must be qualified to perform the work of the position after the customary orientation provided for a newly hired worker in the position.

Note: The definition of demotion is set forth in s. ER-MRS 1.02 (5).

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. Register, February, 1981, No. 302, eff. 3-1-81; am. Register, February, 1983, No. 326, eff. 3-1-83; r. and recr. Register, May, 1988, No. 389, eff. 6-1-88.

Wis. Admin. Code § ER-MRS 17.02 Exclusions {#sec-er-mrs-17.02 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 17.02}

(1) The movement of an employee to a position in a lower classification while the employee is serving an original appointment probationary period shall be considered a new original appointment.

(2) The appointment of a former employee, who previously acquired permanent status, to a position in a lower classification following a break in service not covered by leave or the layoff provisions of these rules shall be considered an original appointment except when such return may be considered a reinstatement under ch. ER-MRS 16, and the appointing authority chooses to treat such appointment as a reinstatement.

(3) The change in the classification of a position held by an employee with permanent status to a lower classification is a reallocation or reclassification under ch. ER 3.

(4) Pay reduction that does not involve a change in position or class is not considered a demotion. See s. 230.34 (1), Stats.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. (4), Register, September, 1975, No. 237, eff. 10-1-75; am. (1) to (3), renum. (4) to be Pers 17.025, renum. (5) to be (4) and am. Register, February, 1981, No. 302, eff. 3-1-81; correction in (2) and (3) made under s. 13.93 (2m) (b) 7, Stats., Register, October, 1994, No. 466.

Wis. Admin. Code § ER-MRS 17.025 Non-completion of promotional probationary period {#sec-er-mrs-17.025 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 17.025}

The action by which a promoted employee is restored to the employee’s previous position and pay as provided in s. ER-MRS 14.03 (1) is not a demotion. Such action is a restoration under s. ER-MRS 16.03 (5). Any such restored employee who thereafter moves by promotion to a different position shall be required to serve a new probationary period under s. ER-MRS 13.03 (2).

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. Register, September, 1975, No. 237, eff. 10-1-75; renum. from Pers 17.02 (4) and am. Register, February, 1981, No. 302, eff. 3-1-81; am. Register, February, 1983, No. 326, eff. 3-1-83; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466.

Wis. Admin. Code § ER-MRS 17.03 Notice to employee {#sec-er-mrs-17.03 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 17.03}

The appointing authority shall notify an employee who is being demoted of the action and the reasons for the action at least 5 working days prior to the effective date of the action. Such notification shall be in writing and shall advise the employee of his or her right to appeal the action under s. 230.44 (1) (c), Stats. The appointing authority shall place a copy of the notice in the employee’s personnel file.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. (1), Register, December, 1976, No. 252, eff. 1-1-77; r. (2), renum. (1) and am. Register, February, 1981, No. 302, eff. 3-1-81; am. Register, May, 1988, No. 389, eff. 6-1-88; CR 04-138: am. Register June 2005 No. 594, eff. 7-1-05.

Wis. Admin. Code § ER-MRS 17.04 Kinds of demotion; status and rights {#sec-er-mrs-17.04 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 17.04}

(1) Demotion for disciplinary purposes. An appointing authority may demote an employee for disciplinary purposes as provided in s. 230.34 (1), Stats.

(a) The demotion may be to any position within the agency regardless of employing unit; and the employee may appeal the demotion as provided under s. 230.44, Stats.

(b) An employee demoted for disciplinary purposes does not retain permanent status in class previously acquired in the higher class, nor does the employee retain reinstatement eligibility to the higher class. The employee does attain permanent status in class in the class to which the employee is demoted. No probationary period is required for an employee demoted for disciplinary purposes.

(2) Demotion as result of layoff. See s. ER-MRS 22.08 (2).

(3) Voluntary demotion within an agency. An employee may request and with approval of the appointing authority be voluntarily demoted within the agency either to a position in the same employing unit, or to a position in a different employing unit. The employee’s request, the appointing authority’s response, and the employee’s acceptance of the demotion shall be in writing. The appointing authority shall place a copy of the employee’s acceptance in the employee’s personnel file.

(a) The employee shall have no restoration rights to the previously held position or class.

(b) If the voluntary demotion is to a position in the same employing unit no probationary period for employment in the lower class may be required, except that a probationary period shall be required upon a voluntary demotion to a trainee position and a probationary period may be required upon voluntary demotion to a supervisory or management position in accordance with the provisions of s. 230.28 (4), Stats. If the employee is not required to serve a probationary period, the employee immediately attains permanent status in class in the class to which voluntarily demoted.

(c) If the voluntary demotion is to a position in a different employing unit, the employee may be required by the appointing authority to serve a probationary period, except that a probationary period shall be required upon voluntary demotion to a trainee position. If the employee is not required to serve a probationary period, the employee immediately attains permanent status in class in the class to which voluntarily demoted.

(d) If an employee is required to serve a probationary period under par. (b) or (c), the employee may be removed from the position during the probationary period by the appointing authority without the right of appeal and shall be involuntarily transferred to a different position for which the employee is qualified in the same or counterpart pay range or pay rate at the discretion of the appointing authority.

(4) Voluntary demotion between agencies. An employee may request and, with approval of the appointing authority of the receiving agency, may accept a voluntary demotion between agencies. The appointing authority shall place a copy of the employee’s written acceptance of such voluntary demotion in the employee’s personnel file.

(a) The employee shall have no rights to the previously held position or class.

(b) An employee demoted under this section may be required by the appointing authority to serve a probationary period. A probationary period shall be required for demotion to any position identified in s. ER-MRS 13.02 (1). During the probationary period, the employee may be separated from the service without the right of appeal. If the employee is not required to serve a probationary period, the employee immediately attains permanent status in class in the class to which demoted.

Note: For pay on voluntary demotion or demotion for disciplinary purposes see s. ER 29.03 (8) or the compensation plan.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. (1), (3) (intro.), (b) and (c), r. and recr. (2), (3) (a), r. (3) (d) and (4), renum. (5) to be (4) and am. (intro.), (b) and (c) and r. and recr. (a), Register, February, 1981, No. 302, eff. 3-1-81; am. (1) (b), (2), (3) and (4) (b), cr. (3) (d), Register, February, 1983, No. 326, eff. 3-1-83; am. (3) (intro.) and (4) (b), Register, May, 1988, No. 389, eff. 6-1-88; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; CR 04-138: am. (3) (intro.) and (4) intro. Register June 2005 No. 594, eff. 7-1-05; CR 18-006: am. (3) (b), (d), (4) (a) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 17.05 Pay on voluntary demotion or demotion for disciplinary purposes {#sec-er-mrs-17.05 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 17.05}

See s. ER 29.03 (8) or the compensation plan.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; r. and recr. Register, February, 1981, No. 302, eff. 3-1-81; correction made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; CR 04-138: am. Register June 2005 No. 594, eff. 7-1-05.

Chapter ER-MRS 22 LAYOFF PROCEDURE

Wis. Admin. Code § ER-MRS 22.01 Purpose {#sec-er-mrs-22.01 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 22.01}

This layoff procedure is adopted under s. 230.34 (2), Stats., and is intended to be fair to and understandable by all employees; retain for the state service its most effective and efficient personnel; and insure that all layoff actions are appropriately and systematically administered.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; emerg. am. eff. 4-25-75; am. Register, September, 1975, No. 237, eff. 10-1-75; am. Register, February, 1981, No. 302, eff. 3-1-81.

Wis. Admin. Code § ER-MRS 22.02 Definitions {#sec-er-mrs-22.02 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 22.02}

The following are definitions for terms used in this chapter:

(1) “Continuous service,” has the meaning given under s. ER 1.02 (6).

(2) “Layoff group,” means an aggregation of related positions which is the group of employees from which the layoff will be made.

(3) “Progression series,” has the meaning given under s. ER 1.02 (32).

(4) “Subtitle,” means a secondary explanatory title which is used to identify positions whose duties distinguish them from other positions in the same class in terms of the qualifications required for successful performance in the position.

(5) “Vacancy” or “vacant position” means a classified position to which a permanent appointment may be made after the appointing authority has initiated an action to fill that position and the position has been fully authorized and budgeted by law.

Note: The definitions of employing unit, layoff and recruitment option are set forth under s. ER-MRS 1.02 (7), (11) and (28), respectively.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; emerg. r. and recr., eff. 4-25-75; r. and recr. Register, September, 1975, No. 237, eff. 10-1-75; renum. (1) and (2) to be (2) and (3), cr. (1), Register, February, 1981, No. 302, eff. 3-1-81; am. (1), Register, February, 1983, No. 326, eff. 3-1-83; r. and recr. Register, May, 1988, No. 389, eff. 6-1-88; correction in (1) and (3) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; emerg. cr. (5), eff. 6-12-95; cr. (5), Register, December, 1995, No. 480, eff. 1-1-96.

Wis. Admin. Code § ER-MRS 22.025 Vacancies, how filled {#sec-er-mrs-22.025 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 22.025}

For purposes of this chapter, the appointing authority shall fill vacancies in the following order, after considering transfers, demotions and reassignments limited to persons currently employed in the employing unit who are not affected by the layoff:

(1) Through alternatives in lieu of termination as a result of layoff.

(2) Through restoration following layoff for persons with restoration rights obtained from layoff prior to July 1, 2016.

History

Cr. Register, February, 1983, No. 326, eff. 3-1-83; CR 18-006: am. (2) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 22.03 Application {#sec-er-mrs-22.03 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 22.03}

(1) This chapter shall be applied by the appointing authority in the event of an impending reduction in work force.

(2) This chapter shall apply only to those employees not included in certified bargaining units under s. 111.825 (1) (g), Stats.

(3) Except as provided in ss. ER-MRS 22.12, 22.13 and 22.14, this chapter shall not apply to:

(a) Temporary layoffs not to exceed 20 working days.

(b) Seasonal layoff of seasonal employees.

(c) School year employees at institutions and schools, during recesses in the academic year or summer. In accordance with s. ER 18.14 (2) (c), such employees shall be considered on an approved leave of absence without pay during these periods.

(d) Project employees.

(4) The layoff grouping under s. ER-MRS 22.06, shall not apply to employees in positions funded by nonstate funds made available contingent on special employee eligibility requirements under s. 230.34 (2m), Stats. However, if layoff is to be made among such employees, the provisions of this chapter shall apply.

(5) The appointing authority shall identify the position or positions to be eliminated in the event of a reduction in the work force.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. (1), r. (2) to (5), cr. (2) and (3), Register, September, 1975, No. 237, eff. 10-1-75; r. and recr. (1), renum. (2) to be Pers 22.04, r. (3), cr. (2) to (5), Register, February, 1981, No. 302, eff. 3-1-81; am. (3) (a), Register, February, 1983, No. 326, eff. 3-1-83; am. (3) (c), Register, May, 1988, No. 389, eff. 6-1-88; corrections in (3) (intro.) and (4) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; CR 18-006: am. (2) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 22.035 Layoff group {#sec-er-mrs-22.035 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 22.035}

(1) The layoff group, within the employing unit, may be identified by, but not limited to:

(a) A class;

(b) Class subtitle;

(d) Recruitment option.

(2) All positions in the layoff group must be in the same pay range except when the layoff group is a progression series which has been approved by the administrator for use by the agency.

History

Cr. Register, May, 1988, No. 389, eff. 6-1-88; correction in (1) (c), (2) made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; CR 18-006: am. (1) (intro.) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 22.04 Certain employees released first {#sec-er-mrs-22.04 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 22.04}

Before an employee with permanent status in class may be laid off, the appointing authority shall terminate all employees in the approved layoff group in the employing unit in which the layoff occurs who are serving an original appointment probationary period unless authorized by the director.

History

Cr. Register, September, 1975, No. 237, eff. 10-1-75; renum. from Pers 22.03 (2) and am., Register, February, 1981, No. 302, eff. 3-1-81; am. (intro.) and (1), Register, February, 1983, No. 326, eff. 3-1-83; am. (intro.), Register, May, 1988, No. 389, eff. 6-1-88; CR 18-006: renum. (intro.) to ER-MRS 22.04 and am., r. (1) to (3) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 22.05 Layoff plan subject to approval {#sec-er-mrs-22.05 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 22.05}

Whenever it becomes necessary for an agency to lay off employees, the appointing authority shall prepare a comprehensive written plan for layoff following the procedure specified in this chapter and submitted to the director for review and approval prior to implementation.

History

Emerg. cr. eff. 4-25-75; cr. Register, September, 1975, No. 237, eff. 10-1-75; renum. from Pers 22.09 and am.,Register, February, 1981, No. 302, eff. 3-1-81; correction made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER-MRS 22.06 Procedure for making layoffs {#sec-er-mrs-22.06 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 22.06}

(1) In the layoff plan submitted to the director, under s. ER-MRS 22.05, the appointing authority shall recommend the layoff group in which the layoff is to occur. The layoff group shall reflect the staffing processes followed for included positions. Full-time and part-time positions may constitute different layoff groups. The primary order of layoff is determined by job performance. Thereafter disciplinary records, seniority, and ability are factors used to determine the order of layoff action.

(2) The appointing authority will determine the order of layoff primarily based on job performance. Employees, including those on an approved leave of absence, in the layoff group, will be grouped by category of performance based on the evaluation categories established in the employee’s annual performance evaluation. To determine the most appropriate category for layoff grouping, the appointing authority will use the current year and previous 4 years.

(3) Within each performance category, the employees in the layoff group shall be ranked by seniority computed on the basis of continuous service as set forth in s. ER18.02 (2) and (3), with any resulting tied cases to be ranked, relative to each other, according to their total continuous service in the approved layoff group. If, after completing this ranking, a tie still exists between 2 or more employees, continuous service of the tied employees shall be determined by age, with the oldest employee deemed to have the greatest continuous service. Disciplinary record review will consist of an employee’s disciplinary records from the current and previous 4 years. An appointing authority may request the exemption of an employee from the seniority order due to the results of the disciplinary record review. Ability is applied by requesting to retain up to 20% of the employees in the layoff group who have special or superior skills as determined by the appointing authority. Remaining employees shall be laid off according to their continuous service ranking, with the employee with the least continuous service laid off first.

(4) With the agreement of the appointing authority, an employee with more continuous service in the layoff group may volunteer to be terminated from employment in lieu of the layoff of an employee with less continuous service, with the guarantee that the appointing authority will not challenge the volunteering employee’s eligibility for unemployment compensation.

History

Emerg. cr. eff. 4-25-75; cr. Register, September, 1975, No. 237, eff. 10-1-75; renum. from Pers 2.035 and am., Register, February, 1981, No. 302, eff. 3-1-81; am. (1) and (2), cr. (4), Register, February, 1983, No. 326, eff. 3-1-83; am. Register, May, 1988, No. 389, eff. 6-1-88; correction in (1) and (2) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; CR 04-138: am. (2) Register June 2005 No. 594, eff. 7-1-05; correction in (1), (2) made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; CR 18-006: am. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 22.07 Notice prior to layoff; appeal notice {#sec-er-mrs-22.07 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 22.07}

(1) Any employee affected by layoff shall be given written notice of the anticipated action, not less than 60 calendar days prior to its effective date. If the appointing authority is provided fewer than 60 days’ notice of the need for layoff, because of loss of funding or otherwise, the director may authorize a layoff notice of 30 calendar days prior to the effective date. The written notice of layoff shall, to the extent practicable, include the specific alternatives within the agency available at that time to the employee in lieu of termination. The appointing authority shall continue to keep the employee aware of new alternatives available up to the effective date of the layoff.

(2) Seven calendar days prior to the layoff effective date, the appointing authority will issue the employee a final written notice of impending layoff. The notice shall include the employee’s right to grieve the layoff decision under s. 230.445, Stats. No notice of appeal or pending litigation as a result thereof, affects any determination previously or subsequently made by the appointing authority, until an order is entered by the commission, unless the order is stayed by a court of competent jurisdiction.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; emerg. am. eff. 4-25-75; am., Register, September, 1975, No. 237, eff. 10-1-75; renum. from Pers 22.05 and am., Register, February, 1981, No. 302, eff. 3-1-81; am. Register, February, 1983, No. 326, eff. 3-1-83; CR 18-006: renum. ER-MRS 22.07 to (1) and am., cr. (2) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 22.08 Alternatives to termination from the service as a result of layoff {#sec-er-mrs-22.08 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 22.08}

If an employee with permanent status in a class has received a notice of layoff under s. ER-MRS 22.07 (1), alternatives shall be available in the order listed in this section until the effective date of the layoff. Employees in the same layoff group who are laid off on the same date shall have the right to exercise the following alternatives to termination from the service as a result of layoff with the most qualified employee, as determined by the appointing authority, being offered the available vacancy first. This offer shall be subject to the criteria for a reasonable offer of appointment under s. ER-MRS 22.09:

(1) Transfer.

(a) All employees who have received a notice of layoff have the right to transfer within the agency to any vacancy in the same or counterpart pay range for which the employee is qualified to perform the work after being given the customary orientation provided to newly hired workers in the position.

(b) An employee who transfers within the agency as an alternative to termination from the service immediately attains permanent status in class in the class to which the employee transfers, except that:

An employee who is serving a promotional probationary period must complete that probationary period in the new position.
An employee who is serving a permissive probationary period may be required to complete that probationary period in the new position.

(2) Demotion. If no transfer under sub. (1) is available and if there is a vacancy available within the agency for which the employee is qualified to perform the work after being given the customary orientation provided to newly hired workers in such positions, an appointing authority shall offer the employee a demotion to that vacancy. This offer shall be subject to the criteria for a reasonable offer of appointment under s. ER-MRS 22.09 and the following:

(a) An employee demoted under this subsection immediately attains permanent status in class in the class to which the employee is demoted, except that an employee who is serving a promotional probationary period must complete that probationary period in the new position if that position is at a higher level than the position from which the employee promoted.

(b) For pay provisions regarding an employee who is demoted by the appointing authority, as a result of a layoff to the highest level vacancy available for which the employee is qualified, see s. ER 29.03 (8) (c) or the compensation plan.

(c) For pay provisions regarding an employee who chooses, with the approval of the appointing authority, to be demoted as a result of layoff to a vacancy which is at a lower level than other available vacancies to which the employee could be demoted or transferred under sub. (1), see s. ER 29.03 (8) (d) 1. or the compensation plan.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; emerg. am. 4-25-75; am., Register, September, 1975, No. 272, eff. 10-1-72; (intro.), (1) and (2) renum. from Pers 22.04 and am., r. (3) and (4), cr. (3), Register, February, 1981, No. 302, eff. 3-1-81; am. (intro.), (1) (a) 1. and 2., (b) and (c), cr. (1) (b) 3., renum. (2) and (3) to be (3) and (2) and am., Register, February, 1983, No. 326, eff. 3-1-83; am. (1) (a) 1. and 2., (b) 3., (2) (intro.) and (a), (b) 2., (3) (a) and (c), Register, May, 1988, No. 389, eff. 6-1-88; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; emerg. am. (3) (a) 1., eff. 6-12-95; am. (3) (a) 1., Register, December, 1995, No. 480, eff. 1-1-96; CR 04-138: am. (2) (a) 2. and 3., (2) (b) 2., (3) (a) 2. and (3) (c) Register June 2005 No. 594, eff. 7-1-05; correction in (3) (a) 2. made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; CR 18-006: am. (intro.), renum. (1) (a) (intro.) to (1) and am., r. (1) (a) 1., 2., (b) 3., (c), am. (2) (intro.), consol. (2) (a) (intro.) and 1. and renum. to (2) (a) and am., renum. (2) (a) 2., 3. to (2) (b), (c) and am. (c), r. (2) (b), (3) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 22.09 Failure to accept reasonable offer of appointment {#sec-er-mrs-22.09 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 22.09}

(1) An employee who has been notified of layoff and fails to accept a reasonable offer of permanent appointment within the agency within 2 work days of the offer or who, upon acceptance, fails to be available for work within 5 work days after acceptance forfeits any further rights to an appointment under ss. ER-MRS 22.08 and 22.10.

(2) As determined by the appointing authority, an offer of appointment shall be considered reasonable if it meets the following 5 conditions as of the date of the offer:

(a) The position is one which the employee would be qualified to perform after customary orientation provided to new workers in the position.

(b) The position is the highest level position available within the agency to which the employee could either transfer or demote.

(c) The assigned shift or number of work hours required does not vary substantially from the number of work hours previously worked.

(d) The position is located at a work site that is within reasonable proximity of the original work site.

(e) The pay range of the position offered is no more than 3 pay ranges or counterpart pay ranges, or one broadband pay range, lower than the pay range of the position from which the employee was laid off.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81; am. (1) and (2) (intro.), cr. (2) (e), Register, February, 1983, No. 326, eff. 3-1-83; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; emerg. am. (2) (intro.) and (e), eff. 6-12-95; am. (2) (intro.) and (e), Register, December, 1995, No. 480, eff. 1-1-96; CR 04-138: am. (2) (a) to (c) Register June 2005 No. 594, eff. 7-1-05; CR 18-006: am. (1), (2) (c), (e) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 22.10 Restoration rights and conditions {#sec-er-mrs-22.10 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 22.10}

An employee laid off prior to July 1, 2016 maintains the restoration rights that existed at the time the employee was laid off.

History

Cr. Register, September, 1975, No. 272, eff. 10-1-75; cr. (intro.), (1) renum. from Pers 22.055 (1) and am., cr. (2) to (6), Register, February, 1981, No. 302, eff. 3-1-81; am. (intro.) through (4) and (6), Register, February, 1983, No. 326, eff. 3-1-83; am. (2), r. (5), Register, May, 1988, No. 389, eff. 6-1-88; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; correction in (6) made under s. 13.93 (2m) (b) 7., Stats., Register April 2002 No. 556; CR 04-138: am. (intro.), and (4) Register June 2005 No. 594, eff. 7-1-05; CR 18-006: r. and recr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 22.11 Reinstatement eligibility and conditions {#sec-er-mrs-22.11 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 22.11}

(1) An employee laid off prior to July 1, 2016, maintains the reinstatement eligibility that existed at the time the employee was laid off.

(2) Any person who has held a position and obtained permanent status in class under the civil service law and rules and who is laid off on or after July 1, 2016, is eligible for reinstatement in a position having a comparable or lower pay rate or range for which such person is qualified for a 3-year period from the date of the layoff.

(2m) A person who is reinstated to an employing unit or agency other than the one from which the person earned reinstatement eligibility may be required to serve a probationary period. See s. ER-MRS 16.04 (1) (a).

(3) For pay of employees upon reinstatement following layoff, see s. ER 29.03 (6) or the compensation plan. For pay provisions upon reinstatement where a probationary period is required, see s. ER 29.03 (2) (b) or the compensation plan.

History

Cr. Register, September, 1975, No. 272, eff. 10-1-75; (1) renum. from Pers 22.055 (2) and am.; cr. (2) to (4), Register, February, 1981, No. 302, eff. 3-1-81; am. (1), Register, February, 1983, No. 326, eff. 3-1-83;renum. (1) to (2) to be (2) and (2m), cr. (1), Register, May, 1988, No. 389, eff. 6-1-88; correction in (2m) and (3) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; cons. and am. (1) (a) to (d), cr. (1m), am. (2), Register, December, 1999, No. 528, eff. 1-1-00; CR 04-138: r. (1), (2) (a) and (b), am. (1m) and (2) (intro.), and (3) Register June 2005 No. 594, eff. 7-1-05; CR 18-006: cr. (1), r. (1m), r. and recr. (2), am. (2m) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 22.12 Layoff of seasonal and sessional employees {#sec-er-mrs-22.12 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 22.12}

(1) Employees in seasonal or sessional positions are employed for specific seasonal or sessional periods. Upon expiration of such periods, seasonal and sessional employees may, at the discretion of the appointing authority, be laid off until the beginning of the next seasonal or sessional work period. Such layoffs are not subject to any of the other provisions of this chapter.

(2) Employees in seasonal or sessional positions, who are laid off with the understanding that there is little or no expectation of future seasonal or sessional employment, shall be laid off in accordance with the provisions of this chapter as if they held permanent positions.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81.

Wis. Admin. Code § ER-MRS 22.13 Layoff of school year employees {#sec-er-mrs-22.13 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 22.13}

(1) School year employees whose services are not required during a summer recess are granted summer leave under the provisions of s. ER 18.14 (2) (c), and are not considered to be in layoff status.

(2) School year employees whose services are not expected to continue in the ensuing school year shall be laid off in accordance with the provisions of this chapter.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81; am. (1), Register, May, 1988, No. 389, eff. 6-1-88.

Wis. Admin. Code § ER-MRS 22.14 Temporary layoff of employees {#sec-er-mrs-22.14 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 22.14}

The director may approve exceptions to the procedures outlined in this chapter for temporary layoffs not to exceed 20 working days. Temporary layoffs may apply to some, or all of the employees in an employing unit. The appointing authority may recommend, subject to approval of the director, a plan for temporary layoffs, stating the reason for the temporary layoffs, the classes and number of employees affected in the employing unit, and the specific number of such days affected employees will be laid off. The plan shall be submitted to the director for approval prior to implementation. Consecutive temporary layoffs in the same employing unit may not be approved by the director for the same reason which caused the initial temporary layoff, unless a plan for permanent layoff has been submitted.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; renum. from Pers 22.08 and am., Register, February, 1981, No. 302, eff. 3-1-81; am. Register, February, 1983, No. 326, eff. 3-1-83; am. Register, May, 1988, No. 389, eff. 6-1-88; correction made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Chapter ER-MRS 24 CODE OF ETHICS

Wis. Admin. Code § ER-MRS 24.01 Statutory authority and purpose {#sec-er-mrs-24.01 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 24.01}

This code of ethics is promulgated under the directive of s. 19.45 (11) (a), Stats., for the guidance of employees to avoid activities which cause, or tend to cause, conflicts between their personal interests and their public responsibilities.

History

Cr. Register, March, 1974, No. 219, eff. 4-1-74; am. (intro.), renum. (1) to (3) to be ER-Pers 24.02, r. (4), Register, February, 1981, No. 302, eff. 3-1-81.

Wis. Admin. Code § ER-MRS 24.02 Declaration of policy {#sec-er-mrs-24.02 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 24.02}

(1) The observance of high moral and ethical standards by its employees is essential to the conduct of free government. The employee holds his or her position as a public trust, and any effort to realize personal gain through official conduct is a violation of that trust.

(2) It is the state’s policy to recognize that:

(a) Employees have the same personal and economic interest in the decisions and policies of government as do other citizens.

(b) Employees retain their rights as citizens to interests of a personal or economic nature.

(c) Standards of ethical conduct for employees need to distinguish between those minor and inconsequential conflicts which are unavoidable in a free society, and those conflicts which are substantial and material.

(d) Employees may need to engage in employment, other than official duties, or may need to maintain investments, but no employee shall engage in any employment or maintain any investment if the employment or investment conflicts with the specific provisions of this chapter.

(3) The ethical standards set forth in this chapter for employees in the performance of their official duties are intended to avoid conflicts of interest between their personal interests and their public responsibilities, improve standards of public service, and promote and strengthen the faith and confidence of the people of this state in their state civil service.

(4) In the enforcement of this chapter the director shall protect to the fullest extent possible the state’s best interests and the rights of individuals affected.

(5) Nothing in this chapter shall interfere with the general rulemaking powers of agencies with respect to the implementation of their programs and operations unless the interpretation of any agency rule is in contradiction of this chapter, and in that case this chapter shall control.

History

Cr. Register, March, 1974, No. 219, eff. 7-1-74; (1) renum. from Pers 24.01 (1) (intro.) and am., (2) renum. from Pers 24.01 (2) and am., (3) renum. from Pers 24.01 (1) (a) and am., cr. (4), (5) renum. from Pers 24.01 (3) and am., r. (6), Register, February, 1981, No. 302, eff. 3-1-81; correction in (4) made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER-MRS 24.03 Definitions {#sec-er-mrs-24.03 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 24.03}

The following are definitions for terms used in this chapter:

(1) “Anything of value” means any money or property, favor, service, payment, advance, forbearance, loan, or promise of future employment, but does not include compensation and expenses paid by the state, fees, honorariums and expenses which are permitted under this chapter, political contributions which are reported under ch. 11, Stats., or hospitality extended for a purpose unrelated to state business by a person other than an organization.

(2) “Hospitality” includes, but is not limited to, meals, beverages, and lodging which a host other than an organization offers a guest on premises owned or occupied by the host or his or her immediate family as the host’s principal or seasonal residence.

(3) “Associated” when used with reference to an organization, includes any organization in which an employee or a member of the employee’s immediate family is a director, officer or trustee or owns or controls, directly or indirectly, and severally or in the aggregate, at least 10% of the outstanding equity.

(4) “Employee” in this chapter means any person who receives remuneration for services rendered to the state under an employer-employe relationship in the classified service or in the unclassified service of the state of Wisconsin except state public officials and employees subject to subch. III of ch. 19, Stats., officials and employees of the judicial branch, and University of Wisconsin System unclassified personnel.

(5) “Immediate family” means:

(a) An employee’s spouse; and

(b) An employee’s relatives by marriage, consanguinity or adoption, and any other person who directly or indirectly receives more than one-half of their support from the employee, or from whom the employee directly or indirectly receives more than one-half of his or her support.

(6) “Organization” means any corporation, partnership, proprietorship, firm, enterprise, franchise, association, self-employed individual, trust or any other legal entity other than an individual or body politic which engages either in nonprofit or profit-making activities.

(7) “State property” includes, but is not limited to, facilities, vehicles, supplies, equipment, telecommunications equipment and services, information-technology equipment and services, stenographic assistance and reproduction services.

History

Renum. from Pers 1.02 (8), Register, September, 1975, No. 237, eff. 10-1-75; (4), (5), (1), (6) and (3) renum. from Pers 24.02 (1) to (5) and am., cr. (2), (7) renum. from Pers 24.02 (7) and am., Register, February, 1981, No. 302, eff. 3-1-81; cr. (intro.), Register, May, 1988, No. 389, eff. 6-1-88; CR 04-138: am. (7) Register June 2005 No. 594, eff. 7-1-05; 2015 Wis. Act 330 s. 20: am. (4) Register April 2016 No. 724, eff. 5-1-16.

Wis. Admin. Code § ER-MRS 24.035 Hospitality; relation to state business {#sec-er-mrs-24.035 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 24.035}

Hospitality may be accepted by an employee when it could be concluded that the hospitality would be extended if the guest or a member of the guest’s immediate family was not a state employee.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81; am. Register, May, 1988, No. 389, eff. 6-1-88.

Wis. Admin. Code § ER-MRS 24.04 Standards of conduct {#sec-er-mrs-24.04 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 24.04}

This chapter shall not prevent an employee from accepting outside employment or following a pursuit which in no way interferes or conflicts with the full and faithful discharge of his or her duties to this state, subject to the following:

(1) A conflict of interest on the part of a state employee exists whenever:

(a) The employee’s action or failure to act propitiously could reasonably be expected to directly or indirectly produce or assist in producing a private benefit for the employee or the employee’s immediate family or an organization with which the employee is associated; or

(b) The matter is one in which the employee in his or her private capacity or a member of the employee’s immediate family or an organization with which the employee is associated, as defined in s. ER-MRS 24.03 (3), has a substantial interest.

(2) The state must, by necessity, specifically prohibit those activities that will cause a conflict of interest to the employee or to the state of Wisconsin. Therefore:

(a) No employee may use or attempt to use his or her public position or state property, including property leased by this state, or use the prestige or influence of a state position to influence or gain financial or other benefits, advantages or privileges for the private benefit of the employee, the employee’s immediate family or an organization with which the employee is associated.

Any salary or other compensation received by the employee from this state for his or her services does not constitute “financial gain” as the term is used in this rule.
Use of state telephones for essential personal local calls does not constitute “benefit” as the term is used in this rule.

(b) No employee may solicit or accept from any person or organization, directly or indirectly, money or anything of value if it could reasonably be expected to influence such employee’s official actions or judgment, or could reasonably be considered as a reward for any official action or inaction on the part of such employee.

No employee who is assigned or acts as an official representative of the state in the presentation of papers, talks, demonstrations or making appearances shall solicit or accept fees, honoraria or reimbursement of expenses for personal gain. Any fees, honoraria, or reimbursement of expenses which may be offered in connection therewith shall be paid to the employee’s employing agency.
Acceptance of fees and honoraria paid for papers, talks, demonstrations or appearances made by an employee on the employee’s own time and not directly part of the employee’s official duties, shall not be a violation of this rule. Employees shall notify their appointing authority prior to accepting fees and honoraria for papers, talks, demonstrations, or appearances to insure no conflict of interest exists.
When an employee is offered an unsolicited award or reward for an exceptional accomplishment or outstanding performance other than that specified in par. (a) 1., the director shall determine whether or not it may be accepted by the employee after considering whether acceptance of the award or reward would conflict with the purposes of this chapter. Employees shall notify their appointing authority prior to accepting unsolicited awards or rewards, who in turn shall request that the director make a determination regarding acceptance or refusal of the award or reward.

(c) No employee may intentionally use or disclose information gained in the course of or by reason of the employee’s official position or activities in any way that could result in the receipt of anything of value for himself or herself, for his or her immediate family, or for any other person or organization, if the information has not been communicated to the public or is not public information. However, no reprisal may be taken against an employee for the lawful disclosure of information which the employee reasonably believes evidences:

A violation of any law, rule, or regulation, or
Mismanagement, a gross waste of funds, an abuse of authority, enforcement of unreasonable agency work rules, or a substantial and specific danger to public health or safety.

(d) No employee, member of an employee’s immediate family, nor any organization with which the employee or a member of the employee’s immediate family owns or controls at least 10% of the outstanding equity, voting rights, or outstanding indebtedness may enter into any contract or lease involving payment or payments of more than $3,000 within a 12-month period, in whole or in part derived from state funds unless the employee has first made written disclosure of the nature and extent of such relationship or interest to the appointing authority of the agency with which the employee is associated and obtained the appointing authority’s written approval. The appointing authority shall approve an employee’s interest in a lease or contract unless he or she determines that the employee’s personal interest in the agreement will conflict substantially and materially with the employee’s discharge of his or her public responsibilities. This paragraph does not effect the application of s. 946.13, Stats.

(e) An employee may recommend or decide to hire or promote another person for a permanent, seasonal or sessional position when the person affected is a member of the employee’s immediate family, if that person has been certified from an open or competitive promotional register. No employee may recommend or make a limited term or project appointment when the person to be hired is a member of the employee’s immediate family.

(f) No employee shall give preferential or favored treatment in the supervision or management of another employee who is a member of his or her immediate family.

(3) The director may waive this section whenever its literal application would be adverse to the state’s best interest or would work an unreasonable hardship on the employee. If this section is waived, the director shall do so by setting forth in writing as a matter of public record an explanation of his or her finding that the waiver is in the state’s interest.

(4) Nothing in this section prohibits an employee from making decisions concerning salaries, salary-related benefits or reimbursement of actual and necessary expenses when the action does not result in preferential or favored treatment of a member of the employee’s immediate family.

History

Cr. Register, March, 1974, No. 219, eff. 4-1-74; renum. from 24.03, Register, December, 1976, No. 252, eff. 1-1-77; (intro.) renum. from Pers 24.03 (1) and am., r. and recr. (1), renum. (2) and (3) to be (2) (b) 1. and 2. and am., (2) (c) renum. from Pers 24.05 and am., cr. (2) (d) to (f), (3) and (4), Register, February, 1981, No. 302, eff. 3-1-81; reprinted to correct error in (2) (d), Register, April, 1982, No. 316; am. (intro.), (2) (b) 2. and (e), cr. (2) (b) 3., Register, May, 1988, No. 389, eff. 6-1-88; correction in (1) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; correction in (2) (b) 3., (3) made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER-MRS 24.045 Guidelines for outside employment {#sec-er-mrs-24.045 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 24.045}

Agencies shall establish guidelines regarding outside employment of employees which shall include identifying those activities which are likely to cause a conflict of interest and requiring employees to obtain prior approval before accepting outside employment. Agencies shall submit their proposed guidelines to the director for review and approval before implementation.

History

Cr. Register, February, 1983, No. 326, eff 3-1-83; correction made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER-MRS 24.05 Action to avoid possible conflict {#sec-er-mrs-24.05 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 24.05}

(1) Any state employee who, in the discharge of his or her official duties, is involved or about to be involved in any matter that could result in a conflict of interest on his or her part, shall so notify his or her appointing authority by submitting a written statement describing the matter requiring action or decision, and the nature of the possible conflict of interest with respect to such action or decision.

(2) In those situations where a possible conflict of interest may occur, the appointing authority shall take action which may include:

(a) Relieving the employee of the assignment and assigning the matter to another qualified employee who does not have a conflict of interest.

(b) Preparing a memorandum of the particulars of the action taken under par. (a) and forwarding such memorandum, together with a copy of the employee’s statement received under sub. (1) to the director. In all cases, the appointing authority shall furnish to the employee a copy of such memorandum.

(3) An appointing authority, an employee, or any individual may request an advisory opinion from the director on the application of this chapter to a given set of circumstances to which the person or agency may become a party. The director may keep confidential the identity of the person requesting an advisory opinion or of persons mentioned in an opinion.

(4) The director may consult with the ethics commission on any matters relating to this chapter.

History

Cr. Register, March, 1974, No. 219, eff. 4-1-74; renum. from 24.07, Register, December, 1976, No. 252, eff. 1-1-77; (1) to (3) renum. from MRS 24.08, and am., cr. (4), (1), (3) and (4), Register, February, 1981, No. 302, eff. 3-1-81; correction in (4) made under s. 13.92 (4) (b) 6., Stats., Register February 2013 No. 686; correction in (2) (b), (3), (4) made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; correction in (4) made under s. 13.92 (4) (b) 6., Stats., Register May 2017 No. 737.

Wis. Admin. Code § ER-MRS 24.06 Violations {#sec-er-mrs-24.06 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 24.06}

Notice of alleged violations of this chapter shall be directed to the director, who may then refer the allegations to the appropriate authority.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81; correction made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER-MRS 24.07 Criminal penalties {#sec-er-mrs-24.07 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 24.07}

For penalties for violations of this chapter, see s. 19.58, Stats.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81.

Chapter ER-MRS 27 EXCEPTIONAL METHODS AND KINDS OF EMPLOYMENT

Wis. Admin. Code § ER-MRS 27.01 Purpose {#sec-er-mrs-27.01 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 27.01}

This chapter, promulgated under s. 230.08 (7), Stats., which authorizes the director to provide for exceptional methods and kinds of employment, enables the state, as an employer, to carry out its social, economic and community responsibilities through employment of individuals who are economically disadvantaged or have a disability, or to meet the needs of the service during periods of disaster or national emergency, or to comply with special funding requirements for specific positions.

History

Cr. Register, May, 1988, No. 389, eff. 6-1-88; CR 04-138: am. Register June 2005 No. 594, eff. 7-1-05; correction made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER-MRS 27.02 Definitions {#sec-er-mrs-27.02 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 27.02}

The following are definitions for terms used in this chapter:

(2) “Disability” means the same as “individual with a disability” as defined in sub. (4m).

(3) “Economically disadvantaged individual” means an individual whose circumstances are such that the individual meets specific criteria for participation in federal, state or local government programs available to the unemployed, underemployed, or whose family income is at or below the poverty level as determined by federal or state standards.

(4) “Exceptional employment situations” means employment opportunities in agencies where:

(a) Vacancies have been set aside, as a part of an approved affirmative action plan, to provide training and permanent employment to individuals with a disability;

(b) Special statutory or funding requirements for specific positions require applicants who meet established eligibility criteria; or

(4m) “Individual with a disability” means an individual under s. 111.32 (8), Stats., who:

(a) Has a physical or mental impairment which makes achievement unusually difficult or limits the capacity to work;

(b) Has a record of such an impairment; or

(5) “Periods of disaster” or “periods of national emergency” mean periods of time when, as a result of natural disasters, epidemics, or war, existing merit system techniques and procedures for recruitment and selection are unable to provide an adequate number of eligible applicants to meet the needs of the service.

History

Cr. Register, May, 1988, No. 389, eff. 6-1-88; CR 04-138: renum. (1) to be (4m) and am., am. (2) and (4) (a) Register June 2005 No. 594, eff. 7-1-05; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register June 2005 No. 594; CR 18-006: cr. (5) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 27.03 Identifying exceptional employment situations {#sec-er-mrs-27.03 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 27.03}

The director may authorize use of exceptional methods of employment for exceptional employment situations for any of the following reasons:

(1) An agency has set aside positions for employment opportunities to provide training and permanent employment to individuals with a severe disability and it has been determined that the selection procedure traditionally used would measure the applicants’ disability instead of their ability, aptitude or skill, or whatever other factor the selection procedure purports to measure.

(2) Special statutory or funding requirements for specific positions require applicants to meet certain criteria such as:

(a) Being economically disadvantaged;

(b) Being welfare recipients;

(d) Meeting any other eligibility criteria established for the particular position.

(3) To meet the needs of the service during periods of disaster or periods of national emergency.

History

Cr. Register, May, 1988, No. 389, eff. 6-1-88; CR 04-138: am. (1) Register June 2005 No. 594, eff. 7-1-05; correction in (intro.) made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; CR 18-006: am. (1) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 27.04 Qualifying for exceptional employment situations {#sec-er-mrs-27.04 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 27.04}

When the director has determined that an exceptional employment situation exists, recruitment may be targeted as follows:

(1) For appointment to exceptional employment situations for individuals with a disability, applicants must be certified as severely disabled by appropriate specialists such as a physician, psychiatrist, psychologist, chiropractor, teachers or counselors specialized in learning disabilities or special education, vocational rehabilitation counselor, occupational or physical therapist or other specialist deemed appropriate by the director, and must require on-the-job training beyond that normally provided during the probationary period for similar positions.

(2) For appointment to exceptional employment situations under s. ER-MRS 27.02 (4) (b), applicants must meet the eligibility criteria for the position as set forth in s. ER-MRS 27.03 (2).

(3) For appointment to exceptional employment situations under s. ER-MRS 27.02 (4) (c), applicants must meet the minimum qualification requirements established by the director under this chapter.

History

Cr. Register, May, 1988, No. 389, eff. 6-1-88; corrections in (2) and (3) made under s. 13.93 (2m) (b) 1., Stats., Register, October, 1994, No. 466; CR 04-138: am. (1) Register June 2005 No. 594, eff. 7-1-05; correction in (intro.), (1), (3) made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER-MRS 27.05 Use of exceptional methods of employment and exceptional employment lists {#sec-er-mrs-27.05 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 27.05}

Upon written request of an appointing authority, the director may authorize use of exceptional methods of employment to fill positions identified as exceptional employment situations. In considering such requests, the director shall determine whether the following criteria have been met:

(1) For employment of individuals with a disability. For employment of individuals with a disability, the director shall determine whether:

(a) Appropriate position description modifications have been made and essential qualifications for the positions have been defined.

(b) Special provisions for on-the-job training, including consideration of length of training, reasonable accommodations, supervision and safety have been developed, subject to modification at the time of appointment to meet the specific employment and training needs of the individual hired for the position.

(d) The position is permanent, or, if not, the person shall be appointed to a permanent position upon satisfactory completion of the training period.

(2) For employment of the economically disadvantaged. For employment of the economically disadvantaged, any special statutory or funding requirements specifying that applicants meet established eligibility criteria have been identified.

(3) During periods of disaster or national emergency. During periods of disaster or national emergency, a critical shortage of qualified applicants in the labor supply occurs and existing merit system techniques and procedures for recruitment and selection do not provide an adequate number of eligible applicants to meet the needs of the service.

History

Cr. Register, May, 1988, No. 389, eff. 6-1-88; CR 04-138: am. (1) Register June 2005 No. 594, eff. 7-1-05; correction in (intro.), (1) made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; CR 17-006: am. (3) Register June 2018 No. 750, eff. 7-1-18.

Wis. Admin. Code § ER-MRS 27.06 Exceptional employment list establishment {#sec-er-mrs-27.06 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 27.06}

The director may authorize establishment of exceptional employment eligibility lists to enable agencies to hire individuals for exceptional employment situation vacancies. In establishing the lists the director shall employ merit system principles which are comparable to those which are used in establishing standard eligibility lists for the same classification and may use one or more of the following methods or processes:

(1) Limitation of recruitment to a specific applicant target group;

(2) Grouping of applicants based on their qualifications and certification of qualified applicants from these groups;

(3) Creation of an exceptional employment list from a standard employment list;

(4) Selection procedure waivers; and

(5) Seeking the creation of emergency classifications and suitable salary ranges for the classifications, which may be entirely new classes or the counterpart of existing classes except for qualification requirements. Emergency classifications created and positions filled under this subsection shall be abolished 6 months after the condition of disaster or emergency ceases to exist. The selection procedures to be used in these emergency situations may include traditional assessment instruments including evaluations of training, experience, or general qualifications. The selection method may be either competitive or noncompetitive in whole or in part.

History

Cr. Register, May, 1988, No. 389, eff. 6-1-88; correction in (intro.), made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; CR 18-006: am. (4), (5) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 27.07 Appointee status {#sec-er-mrs-27.07 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 27.07}

Persons appointed from an exceptional employment eligibility list to an exceptional employment vacancy in the classified service shall become employees with permanent status in class after successful completion of a probationary period as provided in s. 230.28, Stats., and ch. ER-MRS 13, except that appointments made as a result of the creation of emergency classifications shall be considered as serving a probationary period during their entire appointment and shall not acquire permanent status in class. Employees appointed as a result of the creation of emergency classifications shall be laid off no later than 6 months after the condition which prompted the use of the exceptional employment method has ceased to exist.

History

Cr. Register, May, 1988, No. 389, eff. 6-1-88; correction made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466.

Chapter ER-MRS 30 CAREER EXECUTIVE EMPLOYMENT

Wis. Admin. Code § ER-MRS 30.01 Policy {#sec-er-mrs-30.01 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 30.01}

(1) In accordance with s. 230.24, Stats., these administrative rules are promulgated: to provide state agencies with a pool of highly qualified executive candidates for competitive appointment to executive level positions in such a way as to achieve and maintain a balanced work force; to provide employees with the opportunity for advancement as well as flexibility and mobility within and between state agencies; and to make optimum use of employees’ managerial and administrative skills.

(2) The career executive program is an integral part of the civil service system of the state of Wisconsin and subject to all statutes and the rules of the director. In accordance with the provisions of s. 230.24, Stats., where other statutes and rules conflict with s. 230.24, Stats., and the rules promulgated to effect such statute, the provisions of s. 230.24, Stats., shall take precedence.

(3) On initial appointment to or voluntary movement into a career executive position, the employee becomes a career executive.

History

Cr. Register, March, 1974, No. 219, eff. 4-1-74; am., Register, February, 1981, No. 302, eff. 3-1-81; cr. (3), Register, February, 1983, No. 326, eff. 3-1-83; am. (3), Register, May, 1988, No. 389, eff. 6-1-88; correction in (2) made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER-MRS 30.03 Career executive candidate source and registers {#sec-er-mrs-30.03 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 30.03}

Career executive candidates may be classified civil service employees or persons from outside of the classified civil service. All candidates shall have demonstrated knowledges and skills acquired through work experience and training which, in the judgment of the director, will provide reasonable prospects for success in the type of positions included in the program.

History

Cr. Register, March, 1974, No. 219, eff. 4-1-74; am. (1) and (2), (3) renum. from Pers 30.04 (4) and am., Register, February, 1981, No. 302, eff. 3-1-81; CR 01-141: r. (3), Register April 2002 No. 556, eff. 5-1-02; correction in (1) made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; CR 18-006: r. (2) Register July 2018 No. 751, eff. 8-1-18; renum. (1) to ER-MRS 30.03 under s. 13.92 (4) (b) 1., Stats., Register July 2018 No. 751.

Wis. Admin. Code § ER-MRS 30.05 Certification {#sec-er-mrs-30.05 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 30.05}

Except as provided in ss. ER-MRS 30.07, 30.08, and 30.11 (2), certification for appointment to a vacant career executive position shall be according to s. 230.25, Stats.

History

Cr. Register, March, 1974, No. 219, eff. 4-1-74; am., (1), r. and recr. (2), r. (3), Register, February, 1981, No. 302, eff. 3-1-81; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; CR 01-141: renum. (1) to be ER-MRS 30.05, r. (2), Register April 2002 No. 556, eff. 5-1-02.

Wis. Admin. Code § ER-MRS 30.06 Career executive trial period {#sec-er-mrs-30.06 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 30.06}

(1) Upon initial appointment to the career executive program, a career executive employee, prior to attaining permanent status, shall serve a 2 year continuous service trial period. If an employee transfers to a different agency while serving a trial period, the trial period shall be restarted at the receiving agency. Upon successful completion of the trial period, a career executive employee attains permanent status as a career executive. Termination during a trial period will be in accordance with s. ER-MRS 30.11. Except as provided in s. ER-MRS 30.11, career executive employees shall be required to complete only one trial period regardless of subsequent movement to other career executive positions, including movement between agencies.

(3) An employee who has completed a trial period, upon transfer to a new agency, may be required by the appointing authority at the receiving agency to serve a permissive probation of up to 12 continuous months. At any time, during the permissive probationary period, the receiving agency may remove the employee from the career executive position without right of appeal. Any other removal or discharge during the probationary period shall be subject to s. 230.34, Stats. Termination of the permissive probationary period shall be in accordance with ch. ER-MRS 13.

History

Cr. Register, March, 1974, No. 219, eff. 4-1-74; am. (1), Register, September, 1975, No. 237, eff. 10-1-75; am., Register, February, 1981, No. 302, eff. 3-1-81; am. (1) Register, February, 1983, No. 326, eff. 3-1-83; renum. (2) to be ER 30.065, Register, May, 1988, No. 389, eff. 6-1-88; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; CR 01-141: am. (3), Register April 2002 No. 556, eff. 5-1-02; correction in (1) made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; CR 18-006: am. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 30.07 Career executive reassignment {#sec-er-mrs-30.07 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 30.07}

(1) Career executive reassignment means the permanent appointment by the appointing authority of a career executive within the agency to a different career executive position at the same or lower classification level for which the employee is qualified to perform the work after being given the customary orientation provided to newly hired workers in such positions.

(2) When an appointing authority determines that the agency’s program goals can best be accomplished by reassigning an employee in a career executive position within the agency to another career executive position in the same or lower classification level for which the employee is qualified and when the reassignment creates a subsequent vacancy for open recruitment consistent with s. 230.24, Stats., the appointing authority may, upon approval of the director, make such reassignment, provided it is reasonable and proper. All such reassignments shall be made in writing to the affected employee, with the reasons stated therein.

(3) An employee may not be reassigned between agencies under the provisions of s. 230.24 (4), Stats., while serving the trial period.

History

Cr. Register, March, 1974, No. 219, eff. 4-1-74; am., Register, February, 1981, No. 302, eff. 3-1-81; r. and recr. (1), Register, February, 1983, No. 326, eff. 3-1-83; CR 18-006: am. (2), cr. (3) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 30.08 Career executive transfer {#sec-er-mrs-30.08 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 30.08}

Voluntary transfer of career executive employees shall be in accordance with ch. ER-MRS 15, except that where ch. ER-MRS 15 conflicts with this chapter, the provisions of this chapter shall apply.

History

Cr. Register, March, 1974, No. 219, eff. 4-1-74; renum. (1) and am., r. (2), Register, February, 1981, No. 302, eff. 3-1-81; CR 01-141: r. and recr. Register 2002 No. 556, eff. 5-1-02; CR 18-006: am. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 30.10 Career executive employee redress rights {#sec-er-mrs-30.10 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 30.10}

(1) Career executive program employment grants to each employee thereunder rights and privileges of movement between positions within the program and additional competition as determined by the director. Career executive reassignment and career executive voluntary movement to a position allocated to a classification assigned to a lower or higher pay range shall not be considered a demotion, or a promotion, respectively, and the statutory appeal rights provided thereto shall not apply.

(2) Career executive reassignment by the appointing authority, as defined under s. ER-MRS 30.07 (1) and referred to in sub. (1), is authorized when the reassignment creates a subsequent vacancy for open recruitment consistent with s. 230.24, Stats. and upon approval of the director. However, an employee with permanent status in the career executive program may appeal the reassignment to the Wisconsin Employment Relations Commission if it is alleged that such reassignment either constitutes an unreasonable and improper exercise of an appointing authority’s discretion or is prohibited by s. 230.18, Stats.

(3) Removal of an employee with permanent status in the career executive program from the career executive program which results in the placement of the employee in a position allocated to a classification assigned to a lower non-career executive pay range is defined as a demotion, and may be appealed.

(4) Permanent status in the career executive program grants an employee the same redress rights granted employees with permanent status in class under s. 230.44, Stats., except as provided in sub. (1).

(5) An employee in a career executive position serving a trial period shall have the same right of appeal under s. 230.44, Stats., as an employee who does not have permanent status in class in his or her present position.

History

Cr. Register, March, 1974, No. 219, eff. 4-1-74; am. (1) and (2), r. (3), renum. (4) and (5) to be (3) and (4) and am., Register, February, 1981, No. 302, eff. 3-1-81; am. (2) to (4) and cr. (5), Register, February, 1983, No. 326, eff. 3-1-83; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; CR 01-141: am. (3), Register April 2002 No. 556, eff. 5-1-02; CR 18-006: am. (1), (2) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 30.105 Layoff of career executive employees {#sec-er-mrs-30.105 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 30.105}

Layoff of career executive employees shall be in accordance with ch. ER-MRS 22, except that where ch. ER-MRS 22 conflicts with this chapter, the provisions of this chapter shall apply.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81; cr. (intro.), am. (2) (intro.), (3) (intro.), (a) and (c), (4) and (5), Register, February, 1983, No. 326, eff. 3-1-83; am. (2) (b), Register, May, 1988, No. 389, eff. 6-1-88; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; CR 01-141: r. and recr. Register April 2002 No. 556, eff. 5-1-02; CR 18-006: am. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 30.11 Re-employment following termination of trial period {#sec-er-mrs-30.11 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 30.11}

(1) If a career executive appointment is terminated prior to the completion of a trial period, the employee shall have the same reemployment rights and eligibility as an employee in a non-career executive position who is terminated prior to completing a probationary period. In addition, an employee with permanent status in a non-career executive position who is appointed to a career executive position in an agency referred to as the “trial” agency, which is other than the agency, referred to as the “status” agency, in which the employee was serving with permanent status in class, and the termination was without misconduct or delinquency, the employee shall be re-employed in a position at or closest to the same or counterpart pay range level in which the employee last achieved permanent status in class, as follows:

(a) Within the “status” agency, if terminated during the first 12 months of the trial period, and

(b) Within the “trial” agency, if terminated after the first 12 months of the trial period.

(2) If the position to which the employee is to be re-employed has been abolished, the employee shall be given consideration for any other vacant position in the same or counterpart pay range for which the employee is qualified to perform the work after being given the customary orientation provided for newly hired workers. If no such vacant position exists, the employee shall be treated as if he or she had been re-employed in the previous position and the provisions for making layoffs under ch. ER-MRS 22 shall apply.

History

Cr. Register, March, 1974, No. 219, eff. 4-1-74; am. (1), renum. (2) to be (3) and am., cr. (2), Register, February, 1981, No. 302, eff. 3-1-81; correction in (2) and (3) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; CR 18-006: r. and recr. (title), am. (1), (2), r. (3) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 30.99 Incumbents of positions placed in the career executive program {#sec-er-mrs-30.99 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 30.99}

(1) Each incumbent whose position is placed in the career executive program shall immediately come under the career executive employment provisions.

(2) Incumbents whose positions are placed in the career executive program shall earn permanent status immediately upon entering the program. However, incumbents serving a probationary period at the time of entry shall not earn permanent status until they successfully complete the probationary period specified in the appointment letter.

(3) The provisions specified in subs. (1) and (2) shall also apply to persons on authorized leave of absence from positions placed in the career executive program, commencing with their return.

History

Cr. Register, March, 1974, No. 219, eff. 4-1-74; r. (1), renum. (2) to be (1) and am., renum. (3) and (4) to be (2) and (3), Register, February, 1978, No. 266, eff. 3-1-78; am., Register, February, 1981, No. 302, eff. 3-1-81; am. (1), Register, May, 1988, No. 389, eff. 6-1-88; corrections in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; CR 01-141: am. (1) and (2), Register April 2002 No. 556, eff. 5-1-02.

Chapter ER-MRS 32 ACTING ASSIGNMENTS

Wis. Admin. Code § ER-MRS 32.01 Acting assignments {#sec-er-mrs-32.01 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 32.01}

When a position is vacant and the needs of the service require the performance of the duties of that position, a permanent employee may be temporarily assigned to perform those duties. When the employee intends to compete for the vacant position, the appointing authority will ensure an exceptional competitive advantage is not afforded for the position by virtue of the acting assignment.

History

Cr. Register, September, 1975, No. 237, eff. 10-1-75; r. and recr. Register, February, 1981, No. 302, eff. 3-1-81; CR 18-006: am. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 32.02 Approval of the director {#sec-er-mrs-32.02 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 32.02}

The appointing authority shall submit a written request to make acting assignments which exceed 60 calendar days in length to the director for approval. This request shall state the anticipated duration of the acting assignment and provide such additional information as the director requires. Acting assignments not to exceed 60 calendar days shall be made at the discretion of the appointing authority.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81; corrections made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; CR 18-006: am. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 32.03 Duration of acting assignments {#sec-er-mrs-32.03 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 32.03}

(1) The acting assignment shall not exceed a total of 6 months, except as provided in sub. (2).

(2) If the appointing authority is unable to make a permanent appointment to that position within that 6-month period, a written request for approval to extend the acting assignment shall be submitted to the director. The extension request shall indicate the expected date by which a permanent appointment shall be made and include additional information as required by the director.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81; correction in (2) made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; CR 18-006: am. (2) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 32.04 Letter of notification {#sec-er-mrs-32.04 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 32.04}

The appointing authority shall give written notice to the employee of the acting assignment. This letter of notification shall identify the nature of the duties to be assigned, the planned duration and other conditions of the acting assignment, including the fact that no adjustment in pay shall be made. The appointing authority shall place a copy of the notice in the employee’s personnel file.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81; am. Register, May, 1988, No. 389, eff. 6-1-88; CR 04-138: am. Register June 2005 No. 594, eff. 7-1-05.

Chapter ER-MRS 34 PROJECT APPOINTMENT

Wis. Admin. Code § ER-MRS 34.01 Duration of project appointment {#sec-er-mrs-34.01 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 34.01}

The duration of a project appointment to a project position shall not exceed 4 years from the date of the appointment to the project position. Successive appointments to the same project position shall also not exceed 4 years from the date of the first appointment. If a project position is originally funded for less than 4 years and is later extended, any project appointment to such position may also be extended. The total duration of the original and extended appointment shall not exceed 4 years.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81; r. (1), renum. (2), Register, May, 1988, No. 389, eff. 6-1-88.

Wis. Admin. Code § ER-MRS 34.02 Exclusions {#sec-er-mrs-34.02 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 34.02}

The provisions of this chapter do not apply to the permanent appointment of a person to a project position. “Permanent appointment” means the appointment of a person to a classified position in which permanent status can be attained.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81; am. Register, May, 1988, No. 389, eff. 6-1-88.

Wis. Admin. Code § ER-MRS 34.03 Use of project appointments {#sec-er-mrs-34.03 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 34.03}

(1) A project position may be filled on a project appointment basis only if approved by the director. In evaluating requests to make project appointments, the director shall consider:

(a) The duration of the proposed project appointment.

(b) The availability of qualified candidates already on a register for the classification or related classifications.

(d) The similarity of work to be performed by the project position to regular functions of the employing agency.

(e) The economic and time limitations associated with initiating and completing the project.

(f) Such other factors as deemed appropriate by the director.

(2) An appointing authority may not involuntarily appoint an employee in a permanent, seasonal or sessional position to a project position on a project appointment basis.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81; am. Register, May, 1988, No. 389, eff. 6-1-88; correction in (1) (intro.), (f) made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER-MRS 34.07 Status and rights {#sec-er-mrs-34.07 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 34.07}

Employees serving a project appointment shall:

(1) Be ineligible to attain permanent status in class as a result of the project appointment.

(2) Be ineligible to transfer, promote or demote into a permanent, seasonal or sessional position.

Note: See s. 230.27 (2) Stats.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81; reprinted to correct error, Register, April, 1981, No. 304; renum. (1) and (2) to be ER 34.07(1) and (2), renum. (3) and (4) to be (1) and (2), Register, May, 1988, No. 389, eff. 6-1-88.

Wis. Admin. Code § ER-MRS 34.08 Termination {#sec-er-mrs-34.08 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 34.08}

(1) Employees on a project appointment may be terminated at any time.

(3) Employees so terminated do not have layoff or restoration rights to any permanent, seasonal or sessional position unless those rights were previously earned in a permanent, seasonal, or sessional position and are being applied within three years of the date of separation from that position or prior to the expiration of an approved leave of absence.

(4) Employees so terminated do not have reinstatement eligibility to any permanent, seasonal or sessional position unless the eligibility was previously earned in a permanent, seasonal, or sessional position and is being applied within five years of the date of separation from that position if separated prior to July 1, 2016, or within 3 years of layoff on or after July 1, 2016.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81; am. (1) to (4), Register, December, 1999, No. 528, eff. 1-1-00; CR 04-138: r. (2), am. (3) and (4) Register June 2005 No. 594, eff. 7-1-05; CR 18-006: am. (3), (4) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER-MRS 34.09 Procedures and records {#sec-er-mrs-34.09 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 34.09}

In order to safeguard the public interest, recruitment and selection procedures for project appointments shall be approved by the director, and the appointing authority shall maintain records of the procedures followed in making project appointments.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81; r. (1), renum. (2) and am. Register, May, 1988, No. 389, eff. 6-1-88; correction made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER-MRS 34.10 Violations {#sec-er-mrs-34.10 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 34.10}

If the director finds that an agency has failed to comply with project appointment standards established under this chapter, the director may remove the incumbents of positions for which appointment standards were not followed. Employees subject to removal under this section shall be given notice and an opportunity to be heard. The director may also withdraw all delegated authority for making project appointments from the agency until such time as, in the judgment of the director, the agency takes appropriate measures to ensure that future project appointments will be in compliance with established standards.

History

Cr. Register, May, 1988, No. 389, eff. 6-1-88; correction made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code ER-MRS — Department of Administration-Division of Personnel Management; Merit Recruitment

Chapter ER-MRS 1 FORCE AND EFFECT OF RULES; DEFINITIONS

Wis. Admin. Code § ER-MRS 1.01 Force and effect of rules {#sec-er-mrs-1.01 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 1.01}

Wis. Admin. Code § ER-MRS 1.02 Definitions {#sec-er-mrs-1.02 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 1.02}

Wis. Admin. Code § ER-MRS 1.03 Time, how computed {#sec-er-mrs-1.03 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 1.03}

Chapter ER-MRS 6 RECRUITMENT AND SELECTION

Wis. Admin. Code § ER-MRS 6.01 Base of recruitment {#sec-er-mrs-6.01 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 6.01}

Wis. Admin. Code § ER-MRS 6.02 Recruitment information {#sec-er-mrs-6.02 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 6.02}

Wis. Admin. Code § ER-MRS 6.025 Employees on leave of absence or in layoff status {#sec-er-mrs-6.025 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 6.025}

Wis. Admin. Code § ER-MRS 6.027 Employees on temporary interchange {#sec-er-mrs-6.027 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 6.027}

Wis. Admin. Code § ER-MRS 6.03 Insufficient number of applicants {#sec-er-mrs-6.03 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 6.03}

Wis. Admin. Code § ER-MRS 6.04 Employment register exception {#sec-er-mrs-6.04 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 6.04}

Wis. Admin. Code § ER-MRS 6.05 Competitive Procedures {#sec-er-mrs-6.05 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 6.05}

Wis. Admin. Code § ER-MRS 6.07 Notification {#sec-er-mrs-6.07 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 6.07}

Wis. Admin. Code § ER-MRS 6.08 Release of competitive procedure information {#sec-er-mrs-6.08 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 6.08}

Wis. Admin. Code § ER-MRS 6.09 Anonymity of applicants and security for competitive procedures {#sec-er-mrs-6.09 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 6.09}

Wis. Admin. Code § ER-MRS 6.095 Cancellation of register or certification {#sec-er-mrs-6.095 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 6.095}

Wis. Admin. Code § ER-MRS 6.10 Disqualification of applicants {#sec-er-mrs-6.10 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 6.10}

Wis. Admin. Code § ER-MRS 6.11 Notice and appeal provisions {#sec-er-mrs-6.11 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 6.11}

Wis. Admin. Code § ER-MRS 6.12 Critical recruitment selection {#sec-er-mrs-6.12 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 6.12}

Wis. Admin. Code § ER-MRS 6.13 Cooperative programs {#sec-er-mrs-6.13 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 6.13}

Chapter ER-MRS 7 APPOINTING PROCEDURE FOR UNSKILLED LABOR AND SERVICE CLASSIFICATIONS

Wis. Admin. Code § ER-MRS 7.01 General {#sec-er-mrs-7.01 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 7.01}

Wis. Admin. Code § ER-MRS 7.02 Certification for labor and service classes {#sec-er-mrs-7.02 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 7.02}

Chapter ER-MRS 8 PROCEDURES FOR CORRECTIONS AND ENTRY PROFESSIONAL POSITIONS

Subchapter I Affirmative Action Procedures for Corrections Positions

Wis. Admin. Code § ER-MRS 8.01 Policy {#sec-er-mrs-8.01 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 8.01}

Wis. Admin. Code § ER-MRS 8.02 Applicability {#sec-er-mrs-8.02 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 8.02}

Wis. Admin. Code § ER-MRS 8.03 Recruitment {#sec-er-mrs-8.03 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 8.03}

Wis. Admin. Code § ER-MRS 8.04 Assessment {#sec-er-mrs-8.04 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 8.04}

Wis. Admin. Code § ER-MRS 8.05 Certification {#sec-er-mrs-8.05 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 8.05}

Wis. Admin. Code § ER-MRS 8.06 Review of recruitment and hiring results {#sec-er-mrs-8.06 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 8.06}

Subchapter II Entry Professional Program

Wis. Admin. Code § ER-MRS 8.20 Policy {#sec-er-mrs-8.20 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 8.20}

Wis. Admin. Code § ER-MRS 8.21 Applicability {#sec-er-mrs-8.21 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 8.21}

Wis. Admin. Code § ER-MRS 8.22 Recruitment {#sec-er-mrs-8.22 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 8.22}

Wis. Admin. Code § ER-MRS 8.23 Assessment of applicants {#sec-er-mrs-8.23 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 8.23}

Wis. Admin. Code § ER-MRS 8.24 Certification {#sec-er-mrs-8.24 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 8.24}

Wis. Admin. Code § ER-MRS 8.25 Registers {#sec-er-mrs-8.25 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 8.25}

Wis. Admin. Code § ER-MRS 8.27 Effect of other laws and rules {#sec-er-mrs-8.27 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 8.27}

Chapter ER-MRS 10 LIMITED TERM APPOINTMENTS

Wis. Admin. Code § ER-MRS 10.03 Approval by director {#sec-er-mrs-10.03 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 10.03}

Wis. Admin. Code § ER-MRS 10.035 Exclusions {#sec-er-mrs-10.035 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 10.035}

Wis. Admin. Code § ER-MRS 10.04 Procedures and records {#sec-er-mrs-10.04 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 10.04}

Wis. Admin. Code § ER-MRS 10.05 Status of employees on limited term appointments {#sec-er-mrs-10.05 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 10.05}

Wis. Admin. Code § ER-MRS 10.06 Violations {#sec-er-mrs-10.06 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 10.06}

Chapter ER-MRS 11 EMPLOYMENT REGISTERS

Wis. Admin. Code § ER-MRS 11.01 Establishment and maintenance of registers {#sec-er-mrs-11.01 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 11.01}

Wis. Admin. Code § ER-MRS 11.02 Types of registers {#sec-er-mrs-11.02 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 11.02}

Wis. Admin. Code § ER-MRS 11.03 Term of eligibility on an employment register {#sec-er-mrs-11.03 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 11.03}

Wis. Admin. Code § ER-MRS 11.04 Removal of names from registers; refusal to certify applicants {#sec-er-mrs-11.04 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 11.04}

Wis. Admin. Code § ER-MRS 11.05 Statement of availability {#sec-er-mrs-11.05 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 11.05}

Chapter ER-MRS 12 CERTIFICATION AND APPOINTMENT

Wis. Admin. Code § ER-MRS 12.01 Action by appointing authority {#sec-er-mrs-12.01 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 12.01}

Wis. Admin. Code § ER-MRS 12.02 Action by the director {#sec-er-mrs-12.02 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 12.02}

Wis. Admin. Code § ER-MRS 12.03 Selective certification {#sec-er-mrs-12.03 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 12.03}

Wis. Admin. Code § ER-MRS 12.04 Use of related registers {#sec-er-mrs-12.04 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 12.04}

Wis. Admin. Code § ER-MRS 12.05 Use of expanded certification for a specified gender and minorities {#sec-er-mrs-12.05 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 12.05}

Wis. Admin. Code § ER-MRS 12.06 Disability expanded certification {#sec-er-mrs-12.06 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 12.06}

Wis. Admin. Code § ER-MRS 12.07 Additional certifications {#sec-er-mrs-12.07 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 12.07}

Wis. Admin. Code § ER-MRS 12.08 Confirmation of appointment {#sec-er-mrs-12.08 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 12.08}

Chapter ER-MRS 13 PROBATIONARY PERIODS

Wis. Admin. Code § ER-MRS 13.01 Definitions {#sec-er-mrs-13.01 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 13.01}

Wis. Admin. Code § ER-MRS 13.015 Purpose {#sec-er-mrs-13.015 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 13.015}

Wis. Admin. Code § ER-MRS 13.02 Duration {#sec-er-mrs-13.02 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 13.02}

Wis. Admin. Code § ER-MRS 13.03 When probation required {#sec-er-mrs-13.03 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 13.03}

Wis. Admin. Code § ER-MRS 13.04 Permissive probationary period provisions {#sec-er-mrs-13.04 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 13.04}

Wis. Admin. Code § ER-MRS 13.045 Probationary period for positions brought into the classified service {#sec-er-mrs-13.045 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 13.045}

Wis. Admin. Code § ER-MRS 13.05 Absence from employment {#sec-er-mrs-13.05 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 13.05}

Wis. Admin. Code § ER-MRS 13.06 Transfer while serving a probationary period {#sec-er-mrs-13.06 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 13.06}

Wis. Admin. Code § ER-MRS 13.07 Time not counted {#sec-er-mrs-13.07 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 13.07}

Wis. Admin. Code § ER-MRS 13.08 Dismissal {#sec-er-mrs-13.08 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 13.08}

Wis. Admin. Code § ER-MRS 13.09 Attainment of permanent status in class {#sec-er-mrs-13.09 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 13.09}

Chapter ER-MRS 14 PROMOTION

Wis. Admin. Code § ER-MRS 14.015 Policy {#sec-er-mrs-14.015 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 14.015}

Wis. Admin. Code § ER-MRS 14.02 Exclusions {#sec-er-mrs-14.02 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 14.02}

Wis. Admin. Code § ER-MRS 14.03 Kinds of promotion; status and rights {#sec-er-mrs-14.03 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 14.03}

Wis. Admin. Code § ER-MRS 14.04 Pay on promotion {#sec-er-mrs-14.04 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 14.04}

Chapter ER-MRS 15 TRANSFER

Wis. Admin. Code § ER-MRS 15.01 Eligibility for transfer {#sec-er-mrs-15.01 omnilex-key=us-wi-regs-official--agency-er-mrs--ER-MRS 15.01}