Wis. Admin. Code ER — Department of Administration-Division of Personnel Management

Chapter ER 1 FORCE AND EFFECT OF RULES AND DEFINITIONS

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

Chapters ER 1 to 47 are promulgated under ss. 230.04 (5) and 227.11 (2) (a), Stats., to apply specifically to provisions of subchs. I and II of ch. 230, Stats., except on matters relating to the provisions of subch. II of ch. 230, Stats., for which responsibility is specifically charged to the director of the bureau of merit recruitment and selection in the department of administration. As provided under s. 230.01 (3), Stats., nothing in ch. 230, Stats., or in chs. ER 1 to 47 shall be construed either to infringe upon or supersede the rights guaranteed state employees under the provisions of subch. V of ch. 111, Stats., the state employment labor relations act.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84; renum. from ER 41.01 and am. Register, May, 1988, No. 389, eff. 6-1-88; correction under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

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

In addition to those terms defined under ss. 111.81 and 230.03, Stats., and as specified in chs. ER 2 to 47, the following are definitions for terms used in chs. ER 1 to 47:

(1) “Administrator” means the administrator of the division of personnel management in the department of administration.

(2) “Affirmative action” means specific actions in employment which are designed and taken for the purposes of all of the following:

(a) Ensuring equal opportunities.

(b) Eliminating a substantial disparity between the proportion of members of racial and ethnic, gender or disability groups either in the classified civil service determined by grouping classifications according to similar responsibilities, pay ranges, nature of work, other factors recognized in the job evaluation process, and any other factors the division considers relevant, or in similar functional groups in the unclassified service, and the proportion of members of racial and ethnic, gender or disability groups in the relevant labor pool.

(3) “Annual leave” means time off without loss of base pay accrued in accordance with s. 230.35 (1), (1m) and (1p), Stats., and used with the approval of the appointing authority.

(4) “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.

(5) “Base pay” or “basic pay” means the pay rate excluding any overtime or supplementary compensation.

(5m) “Compensation plan” means the compensation plan adopted under s. 230.12, Stats.

(6) “Continuous service” means all the time in continuous employment status, as defined in s. ER 18.01 (3) and computed under s. ER 18.02 (2), in the unclassified service or as a permanent employee in the classified service. Continuous service does not include time served in limited term employment and in those positions under s. 230.08 (2) (k), Stats., regarding youth camps and students, respectively.

Note: Section 230.08 (2) (k), Stats., was repealed.

(7) “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.

(8) “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.

(9) “Discrimination” means unlawful actions or practices which constitute unequal or different treatment of, or create an unequal or different effect on an individual or group of people, on the basis of age, race, creed or religion, color, disability, sex, marital status, national origin or ancestry, political affiliation, arrest or conviction record, sexual orientation, or other bases specified under subch. II of ch. 111, Stats.

(9m) “Director” means the director of the bureau of merit recruitment and selection in the department of administration.

(10) “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.

(11) “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.

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

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

(13g) “Involuntary demotion” means a demotion directed by the appointing authority.

(13r) “Involuntary transfer” means a transfer directed by the appointing authority.

(15) “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.

(16) “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.

(17) “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.

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

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

(20) “Minimum of the pay range” means any of the following:

(a) With respect to any permanent or project position, the lowest rate payable to an employee upon appointment to a position.

(b) With respect to any trainee position, the lowest rate payable to an employee upon original appointment to the trainee position.

(21) “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.

(22) “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.

(23) “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.

(24) “Pay status” means the status of an employee when receiving payment for hours worked or paid leave. Pay status does not mean the status of an employee while on a leave of absence without pay, on layoff, serving a suspension without pay, or receiving income continuation or worker’s compensation benefits.

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

(26) “Permanent classified employee” or “Permanent employee” means a person who is an employee as a result of a permanent appointment, whether or not the employee has attained permanent status.

(27) “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. (44), sessional employment under sub. (45) and school year employment under s. 230.08 (3) (e), Stats.

(28) “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 a permanent, seasonal or sessional position.

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

(30) “Position” means a group of duties and responsibilities in either the classified or unclassified divisions of the civil service, which require the services of an employee on a part-time or full-time basis, as defined in s. 230.03 (11), Stats.

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

(32) “Progression series” means a classification grouping whereby the class specifications or position standards specifically identify an entry and full performance objective level. The full performance objective level within a progression series means the classification level that any employee could reasonably be expected to achieve with satisfactory performance of increasingly complex duties or the attainment of specified training, education, or experience.

(33) “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.

(34) “Project employee” means a person who is an employee as a result of a project appointment.

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

(36) 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.

(37) “PSICM” means permanent status in class minimum rate of pay which in applicable pay schedules is the minimum rate to be paid to an employee who is not serving the first 6 months of either a probationary period or a career executive trial period.

(38) “Reallocation” means the assignment of a position to a different class by the administrator as provided in s. ER 3.01 (2).

(39) “Reclassification” means the assignment of a filled position to a different class by the administrator as provided in s. ER 3.01 (3).

(40) “Regrade” means the determination of the administrator under s. 230.09 (2) (d), Stats., that the incumbent of a filled position which has been reallocated or reclassified should remain in the position without opening the position to other candidates.

(41) “Reinstatement” means the act of permissive reappointment 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 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.

(42) “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.

(44) “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.

(45) “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.

(46) “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.

(47) “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.

(48) “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, February, 1984, No. 338, eff. 3-1-84; renum. (intro.) from ER 41.02 (intro.), and am., r. (1) and (2), cr. (1) to (48), Register, May, 1988, No. 389, eff. 6-1-88; correction in (4), (8), (15) and (36), made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; r. (14), am. (41), Register, December, 1999, No. 528, eff. 1-1-00; correction in (6) made under 13.93 (2m) (b) 7., Stats., Register, December, 1999, No. 528; CR 04-139: cr. (5m) Register June 2005 No. 594, eff. 7-1-05; correction in (1), (2) (b), (7), (9m), (38) to (40) under s. 13.92 (4) (b) 6., Stats., correction in (10) under s. 35.17, Stats., Register September 2015 No. 717; correction in (41) (intro.) under 13.92 (4) (b) 7., Stats., Register December 2016 No. 732; CR 18-006: am. (2) (b), (9), cr. (13g), (13r), am. (22), (42) Register July 2018 No. 751, eff. 8-1-18; corrrection in numbering in (41) (a) to (c), (42) (a) to (c) under s. 13.92 (4) (b) 7., Stats., and correction in (41) (intro.), (42) (intro.) made under s. 35.17, Stats., Register July 2018 No. 751.

Chapter ER 2 CLASSIFICATION PLAN

Wis. Admin. Code § ER 2.01 Classification plan {#sec-er-2.01 omnilex-key=us-wi-regs-official--agency-er--ER 2.01}

The classification plan for all positions in the classified service is made up of classes described in class specifications and assigned to pay rates or ranges in accordance with the provisions of s. 230.09 (2) (b), Stats. For the purpose of chs. ER 1 to 47, class and classification are synonymous.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. Register, February, 1981, No. 302, eff. 3-1-81; renum. from ER-Pers 2.01 and am. Register, May, 1988, No. 389, eff. 6-1-88.

Wis. Admin. Code § ER 2.02 Classification plan maintenance {#sec-er-2.02 omnilex-key=us-wi-regs-official--agency-er--ER 2.02}

(1) The administrator shall establish and maintain a classification plan for all positions in the classified service.

(2) Each class shall include all positions which are comparable with respect to authority, responsibility and nature of work required; and shall be so constituted that the same pay range can be applied to all positions in the class under similar working conditions.

(3) When assigning a class to a pay range, the factors used by the administrator to determine the pay range assignment shall be without regard to gender or race and shall include the skill, effort, responsibility and working conditions required for the class without regard to whether the class is occupied primarily by members of a certain gender or racial groups.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. Register, February, 1981, No. 302, eff. 3-1-81; renum. from ER-Pers 2.02 and am. (1) and (3), Register, May, 1988, No. 389, eff. 6-1-88; correction in (1), (3) under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER 2.03 Class titles {#sec-er-2.03 omnilex-key=us-wi-regs-official--agency-er--ER 2.03}

(1) The official class title is the generic title established by action taken under s. 230.09 (1) (b), Stats. Any title other than the official class title may be used by the appointing authority as a working title to designate positions for purposes of internal administration as long as the working title is consistent with terminology in s. 15.02, Stats., regarding the position’s relative placement in the internal organizational structure. Working titles shall have no effect on the personnel processes covered by the law or these rules.

(2) The official subtitle is 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. Designation of a subtitle shall be based on position analysis and is subject to the approval of the administrator. Personnel processes such as recruitment, hiring above the minimum, examination, certification, or layoff, may be based on both the class title and subtitle.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. Register, February, 1981, No. 302, eff. 3-1-81; renum. from ER-Pers 2.03 and am. (2), Register, May, 1988, No. 389, eff. 6-1-88; correction in (2), under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER 2.04 Class specifications {#sec-er-2.04 omnilex-key=us-wi-regs-official--agency-er--ER 2.04}

(1) Class specifications define the nature and character of the work of the class through the use of any or all of the following: definition statements; listings of areas of specialization; representative examples of work performed; allocation patterns of representative positions; job evaluation guide charts, standards or factors; statements of inclusion and exclusion; and such other information necessary to facilitate the assignment of positions to the appropriate classification.

(2) Class specifications shall be the basic authority for the assignment of positions to a class.

(3) Class specifications shall not be construed to limit or modify the power of the appointing authority to assign tasks or direct or control the work or subordinate employees. The use of specific examples of work in a class specification shall not be held to exclude the assignment of other work not mentioned, nor is it implied that all stated examples of work must be performed by all employees whose positions are so classified or constitute an exhaustive or exclusive listing of work assignments.

History

Cr. Register, October, 1972, No. 202, eff. 3-1-72; r. and recr. Register, February, 1981, No. 302, eff. 3-1-81; renum. from ER-Pers 2.04 and am. (3), Register, May, 1988, No. 389, eff. 6-1-88.

Chapter ER 3 POSITION CLASSIFICATION ACTIONS

Wis. Admin. Code § ER 3.01 Definitions {#sec-er-3.01 omnilex-key=us-wi-regs-official--agency-er--ER 3.01}

(1) Allocation. “Allocation” means the initial assignment of a position to the appropriate class by the administrator as provided in s. 230.09 (2), Stats.

(2) Reallocation. “Reallocation” means the assignment of a position to a different class by the administrator as provided in s. 230.09 (2), Stats., based upon:

(a) A change in concept of the class or series;

(b) The creation of new classes;

(d) A change in the pay range of the class;

(e) The correction of an error in the previous assignment of a position;

(f) A logical change in the duties and responsibilities of a position; or

(g) A permanent change in the level of accountability of a position such as that resulting from a reorganization when the change in level of accountability is the determinant factor for the change in classification.

(3) Reclassification. “Reclassification” means the assignment of a filled position to a different class by the administrator as provided in s. 230.09 (2), Stats., based upon a logical and gradual change to the duties or responsibilities of a position or the attainment of specified education or experience by the incumbent.

(4) Regrade. “Regrade” means the determination of the administrator under s. 230.09 (2) (d), Stats., that the incumbent of a filled position which has been reallocated or reclassified should remain in the position without opening the position to other candidates.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. (2) (g), Register, September, 1975, No. 237, eff. 10-1-75; renum. from Pers 3.02 and am. Register, February, 1981, No. 302, eff. 3-1-81; am. (2) (f), (3) and (4), Register, February, 1983, No. 326, eff. 3-1-83; renum. from ER-Pers 3.01 and am., Register, May, 1988, No. 389, eff. 6-1-88; correction in (1), (2) (intro.), (3), (4) under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER 3.015 Regrading provisions {#sec-er-3.015 omnilex-key=us-wi-regs-official--agency-er--ER 3.015}

(1) Regrading of incumbents shall be done on a non-discriminatory basis.

(2) Incumbents of filled positions which will be reallocated or reclassified may not be regraded if:

(a) The appointing authority has determined that the incumbent’s job performance is not satisfactory;

(b) The incumbent has not satisfactorily attained specified training, education or experience in a position identified in a classification series where the class levels are differentiated on this basis; or

(c) The administrator determines that the position should be filled by competitive examination under s. 230.15 (1), Stats.

(3) Incumbents of filled positions which will be reallocated under s. ER 3.01 (2) (f) or reclassified may not be regraded:

(a) While the incumbent is serving the first 6 months of a trial or probationary period; and

(b) Until the incumbent has performed the permanently assigned duties and responsibilities for a minimum of 6 months. The 6 month period may include a portion of a trial or probationary period.

History

Cr. (1) and (2), (3) renum. from Pers 3.03 (2) and am., Register, February, 1981, No. 302, eff. 3-1-81; renum. (2) to be (2) (intro.), cr. (2) (a) to (c), am. (3), Register, February, 1983, No. 326, eff. 3-1-83; renum. from ER-Pers 3.015 and am. (2) (c) and (3), Register, May, 1988, No. 389, eff. 6-1-88; correction in (2) (c) under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER 3.02 Establishing the classification of a position {#sec-er-3.02 omnilex-key=us-wi-regs-official--agency-er--ER 3.02}

(1) After an appointing authority has received budgetary approval for a new position and desires to fill the position, a written description of the position’s duties and responsibilities and any other pertinent information as required shall be submitted to the administrator.

(2) The administrator shall then allocate the position under s. 230.09 (2) (a), Stats.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; renum. from Pers 3.01 and am., Register, February, 1981, No. 302, eff. 3-1-81; renum. from ER-Pers 3.02 and am. Register, May, 1988, No. 389, eff. 6-1-88; correction in (1), (2) under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER 3.03 Changing the classification of a position {#sec-er-3.03 omnilex-key=us-wi-regs-official--agency-er--ER 3.03}

(1) Appointing authorities shall notify the administrator of any changes in the duties or responsibilities of individual positions which may affect the classification level of the position. Notification shall be in accordance with the procedures established by the administrator.

(2) All requests for classification actions which are not specifically delegated to appointing authorities must be reviewed and a specific class recommended by the appointing authority prior to a review by the administrator, except in those cases where the action is initiated by the administrator.

(3) When a non-delegated reclassification request, submitted in writing by an employee, is not recommended for approval by the appointing authority, the employee shall be so notified in writing by the appointing authority. If the incumbent feels that the decision of the appointing authority is incorrect, the incumbent may submit to the appointing authority a written request for review by the administrator. Such requests shall be forwarded to the administrator by the appointing authority along with a copy of the written notice to the employee and any other pertinent materials. The administrator shall review the action and make the final decision, notifying both the employee and the appointing authority of the result in writing.

(4) Requests for reallocation, reclassification or regrade are canceled when an employee resigns, retires or is terminated from pay status in the position prior to the effective date of the requested action. The effective date of the requested action shall be determined in accordance with s. ER 29.03 (3) 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; am.(1), renum. (2) to be Pers 3.015 (3), renum. (3) and (4) to be (2) and (3) and am. Register, February, 1981, No. 302, eff. 3-1-81; cr. (4), Register, February, 1983, No. 326, eff. 3-1-83; renum. from ER-Pers 3.03 and am. Register, May, 1988, No. 389, eff. 6-1-88; CR 04-139: am. (4) Register June 2005 No. 594, eff. 7-1-05; correction in (1) to (3) under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER 3.04 Notice of reallocation or reclassification {#sec-er-3.04 omnilex-key=us-wi-regs-official--agency-er--ER 3.04}

Approvals or denials of reallocations or reclassifications shall be made to the appointing authority in writing. The appointing authority shall immediately notify the incumbent in writing.

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; renum. from ER-Pers 3.04 and am. Register, May, 1988, No. 389, eff. 6-1-88.

Wis. Admin. Code § ER 3.05 Exclusion {#sec-er-3.05 omnilex-key=us-wi-regs-official--agency-er--ER 3.05}

The position of a classified employee shall not be reclassified while the employee is on a temporary interchange under s. 230.047, Stats.

History

Cr. Register, February, 1983, No. 326, eff. 3-1-83; renum. from ER-Pers 3.05 and am. Register, May, 1988, No. 389, eff. 6-1-88.

Chapter ER 8 ENTRY PROFESSIONAL PROGRAM

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

This chapter implements s. 230.22 (1) and (2), Stats., which authorize the administrator to establish by rule an entry professional class program for use in a wide range of entry professional positions, and to establish separate classifications and pay provisions for entry professional positions. This program is intended to provide agencies a means by which they can compete on campuses and in the general labor market for the best available candidates and to assist agencies in advancing their affirmative action goals.

History

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

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

(1) The administrator shall determine which classifications to include in the entry professional program under subch. II of ch. ER-MRS 8. Inclusion of a classification in this program for recruitment and hiring purposes does not mean the classification meets the definition of “professional” under s. 111.81 (15), Stats., (the state employment labor relations act), nor is inclusion determinative of a classification’s or position’s status as “exempt” or “nonexempt” under the Fair Labor Standards Act, 29 USC 201, et. seq.

Note: Section 111.81 (15), Stats., was repealed.

(2) The administrator may consider the following criteria and other relevant factors in deciding which classifications to include in the entry professional program:

(a) Whether the typical, well-qualified candidate possesses a two-year, four-year or advanced post-secondary degree but usually has little or no relevant work experience.

(b) Whether the typical, well-qualified candidate has completed a prescribed formal course of study which leads to registration or licensure which is required before the candidate may work in that field.

(c) Whether use of the entry professional program will permit the agency to be more competitive when recruiting for the classification on campuses or in the general labor market.

History

Cr. 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; correction in (1), (2) (intro.) under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Chapter ER 10 LIMITED TERM APPOINTMENTS

Wis. Admin. Code § ER 10.01 Definition and categories of limited term appointments {#sec-er-10.01 omnilex-key=us-wi-regs-official--agency-er--ER 10.01}

The total time worked in any one position by an individual limited term employee shall not exceed 1039 hours of employment during a block of time which consists of 26 consecutive biweekly payroll periods and which ends on the anniversary date of the appointment. The maximum time durations for provisional appointments are provided under s. 230.26 (2), Stats.

History

Renum. from ER-Pers 10.01 (2), 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 16-067: r. and recr. Register June 2017 No. 738, eff. 7-1-17.

Wis. Admin. Code § ER 10.02 Classification and compensation {#sec-er-10.02 omnilex-key=us-wi-regs-official--agency-er--ER 10.02}

(1) Classification titles for these appointments shall be determined in accordance with the provisions of the limited term classification and pay schedule or be consistent with other classifications identified in the classification plan.

(2) Pay rates for this type of appointment shall be in accordance with the provisions of the limited term pay schedule.

(3) No pay increases may be allowed for employees on limited term appointments except those approved by the administrator to bring the pay into compliance with sub. (2).

(4) Limited term employees shall be paid only for actual hours worked except as otherwise provided in the compensation plan, or for voting time pursuant to ss. 6.76 and 230.35 (4) (e), Stats., in accordance with s. ER 18.11.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; renum. from Pers. 10.04 and am., Register, February, 1981, No. 302, eff. 3-1-81; renum. from ER-Pers 10.02 and 10.05 (3) and am. (3) and (4), Register, May, 1988, No. 389, eff. 6-1-88; CR. 04-139: am. (4) Register June 2005 No. 594, eff. 7-1-05; correction in (3) under s. 35.17, Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER 10.025 Approval by administrator {#sec-er-10.025 omnilex-key=us-wi-regs-official--agency-er--ER 10.025}

Prior approval of the classification and pay rate by the administrator is required before making a limited term appointment.

History

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

Wis. Admin. Code § ER 10.045 Benefits {#sec-er-10.045 omnilex-key=us-wi-regs-official--agency-er--ER 10.045}

The eligibility of limited term employees for worker’s compensation, unemployment compensation, group insurance, retirement and social security shall be subject to controlling conditions relating to these benefits. See s. 40.22 (1), (2) and (2m), Stats., for eligibility requirements to participate in group insurance and retirement.

History

Renum. from ER-Pers 10.05 (2), 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 18 ABSENCES

Wis. Admin. Code § ER 18.01 Definitions {#sec-er-18.01 omnilex-key=us-wi-regs-official--agency-er--ER 18.01}

In this chapter, unless the context otherwise requires:

(1) “Elected official” means a constitutional officer or other elected official under s. 20.923 (2), Stats.

(2) “Employee” means any person who receives remuneration for services rendered to the state under an employer-employee relationship in the classified or unclassified civil service except:

(a) Elected officials;

(b) Employees of the University of Wisconsin System;

(d) Unclassified staff of a legislative service agency under subch. IV of ch. 13, Stats.;

(e) Stenographers employed under s. 230.08 (2) (g), Stats.; and

(f) Staff of the state court system.

(3) “Employment status” means the status of a person in the civil service under s. 230.08, Stats., while in pay status or on:

(a) Approved leave of absence without pay;

(b) Military leave;

(d) Leave of absence due to injury or illness arising out of state employment and covered by worker’s compensation under ch. 102, Stats., or s. 230.36, Stats.;

(e) Temporary layoff; or

(f) Layoff prior to July 1, 2016 and subsequent restoration from layoff under s. ER-MRS 22.10 within 3 years.

(4) “Immediate family” means:

(a) Parents, step-parents, grandparents, foster parents, children, step-children, grandchildren, foster children, brothers and their spouses, sisters and their spouses, of the employee or spouse;

(b) The spouse;

(d) Other relatives of the employee or spouse providing they reside in the same household of the employee.

(4m) “Layoff” means the termination of the services of an employee with permanent status in class from a position in a group in which a reduction in force is to be accomplished and which results in permissive reemployment eligibility of the affected employee to future positions.

(5) Except as provided in s. ER 18.15, “leave credits” mean earned but unused annual leave, termination leave, sabbatical leave, sick leave, personal and legal holiday time, and holiday compensatory time off. “Leave credits” does not include compensatory time off credits earned for working overtime.

(6) “Limited term employee” means a person who is an employee as a result of either:

(a) Employment in the classified service in which the nature and conditions do not permit attainment of permanent status in class, for which the use of normal procedures for recruitment and selection are not practicable, and which is not project employment; or

(b) Employment in the unclassified service in which the employee would have been considered a limited term employee, had employment been in the classified service.

(7) “Sabbatical leave” means annual leave which was deferred during the year earned to be used in a subsequent year to extend the annual leave, unless used for termination leave.

(8) “Termination leave” means annual leave which was deferred during the year earned to be used in a subsequent year to extend an employee’s termination date or for payment in a lump sum upon termination.

History

Cr. Register, May, 1988, No. 389, eff. 6-1-88; correction in (2) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; am. (5), Register, June, 1997, No. 498, eff. 7-1-97; am. (3) (f), Register, December, 1999, No. 528, eff. 1-1-00; correction in (2) (b) made under s. 13.93 (2m) (b) 7., Stats., Register April 2002 No. 556; 2015 Wis. Act 330 s. 20: am. (2) (b) Register April 2016 No. 724, eff. 5-1-16; CR 18-006: am. (2) (b), (e), (3) (f), (4m), (6) (a) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER 18.02 Annual leave of absence {#sec-er-18.02 omnilex-key=us-wi-regs-official--agency-er--ER 18.02}

(1) Employees who earn annual leave of absence. With the exception of limited term employees, all employees shall earn annual leave as provided in this section. Special rate tables and provisions for specific classifications may be provided in the compensation plan.

(2) Computing continuous service.

(a) Only the most recent period in continuous employment status in the unclassified service under s. 230.08 (2), Stats., employment in the University of Wisconsin System as provided in s. 230.15 (4), Stats., or as a permanent employee in the classified service or any combination shall be counted in determining an employee’s length of continuous service. This excludes time served as a limited term employee or in those positions under s. 230.08 (2) (k), 2013 Stats., regarding youth camps and students respectively. The inclusion of time served in a project appointment is governed by s. ER 18.05 (3) and (4).

(b) The continuous employment status of an employee eligible for annual leave shall not be considered interrupted if the employee:

Was on an approved leave of absence.

2m. Left the service and is reemployed within 5 years, subject to the following:

a. Employment prior to leaving the service and upon returning to the service within 5 years must be as a permanent, classified employee or as an unclassified employee other than a limited term employee.

b. Any return to service following termination for misconduct or delinquency is deemed to not be a qualifying reemployment under this provision, even though the return is within the 5 year period.

Was serving a project appointment and was eligible to transfer continuous service credits under s. ER 18.05 (3) regarding transfer of credits by project employees who were permanent employees.
Was absent on military leave.
Was absent due to injury or illness arising from state employment and covered by the worker’s compensation act, or s. 230.36, Stats., regarding hazardous employment injuries and pay continuation.
Was an employee who left the service, returned to state employment on or after July 1, 2003, and immediately attained exempt status under the federal Fair Labor Standards Act, 29 USC 201 to 219 or was an employee appointed to a career executive position under the program established under s. 230.24, Stats., or a position designated in s. 19.42 (10) (L) or 20.923 (4), (7), (8), and (9), Stats., or authorized under s. 230.08 (2) (e), Stats. and is reemployed and immediately attains exempt status under the federal Fair Labor Standards Act, 29 USC 201 to 219. This subdivision applies regardless of the duration of absence as provided under s. 230.35 (1m) (f), Stats.
Was on temporary layoff under s. ER-MRS 22.14.

(c) The length of time between an employee’s resignation and reemployment under sub. (2) (b), shall not be counted in computing years of continuous service.

(d) Persons in seasonal, sessional, school year and part-time employment shall be deemed to have completed one full year of service for each such seasonal, sessional or other part-time annual period of service in computing years of continuous service.

(e) The provisions of this section regarding credit for leaves of absence other than military leave, leave to serve in the unclassified service or leave of absence due to injury or illness arising out of state employment and covered by worker’s compensation under ch. 102, Stats., or s. 230.36, Stats., shall apply only to persons who return from an approved leave of absence on or after April 9, 1976. There shall be no adjustment to length of service credits for approved leaves or portions thereof taken prior to April 9, 1976.

(3) Eligibility.

(a) Pursuant to ss. 230.27 (2m) and 230.35 (1) (b), Stats., permanent and project employees in the classified service are not eligible to take annual leave during the first 6 months of the most recent period of continuous service in the classified service unless to use annual leave already accrued in an unclassified position. Continuous service credits earned during employment in the unclassified service do not count toward this 6 month qualifying period. Employees who terminate during this 6 month period are deemed to have earned annual leave credits but have not acquired eligibility to take annual leave or receive any payment for the annual leave credits earned during this 6 month period.

(b) Unclassified employees are not required to complete a qualifying period prior to taking annual leave.

(c) Eligible employees shall be granted noncumulative annual leave based on accumulated continuous state service as follows:

Full-time, full-year employment. Employees in nonexempt status under the federal Fair Labor Standards Act, 29 USC 201 to 219. Annual leave shall be based upon accumulated continuous state service and earned at the rate for each year as shown in the following table:
Seasonal, sessional, school year and part-time employees. Employees who are in pay status for less than 80 hours during any biweekly pay period during the calendar year shall be granted prorated annual leave consistent with subds. 1. and 3.
Annual leave for full-time, full year employees in exempt status under the federal Fair Labor Standards Act, 29 USC 201 to 219, shall be based upon accumulated continuous service and earned at the rate shown in the following table:

(4) Computing annual leave.

(a) Annual leave credits in any given year shall not be earned for any period of absence without pay except periods of absence due to temporary layoff under s. ER-MRS 22.14.

(b) Annual leave for employees covered in sub. (3) (c) 1., 2. and 3. and persons included under s. 20.923 (4), (8) and (9), Stats., shall be prorated during the calendar year in which the rate of earning changes.

(c) Upon termination of employment, annual leave shall be prorated and payment for unused leave for which an employee is eligible under sub. (4) shall be made in accordance with sub. (9).

(d) The amount of annual leave earned by an employee during a calendar year is based on the employee’s hours in pay status up to a maximum of 80 hours per biweekly pay period. Annual leave is not earned during overtime work hours. Hourly annual leave amounts earned for each hour in pay status can be computed by using the following:

(5) Employee option.

(a) Pursuant to s. 230.35 (1p) (a), Stats., employees who earn annual leave at the rate of 160, 176, or 184 hours per year may elect to receive up to 40 hours of such leave, or prorated portion thereof, among one or more of the following options:

Annual leave during the year earned or as authorized pursuant to sub. (7).
Credit for a combined termination and sabbatical leave plan with such credit being accumulated without limitation.

(b) Pursuant to s. 230.35 (1p) (b) and (bm), Stats., employees who earn annual leave at a rate of 200 or 216 hours per year may elect to receive up to 80 or 120 hours, respectively, of such leave, or prorated portion thereof, among one or more of the following options:

Annual leave during the year earned or as authorized pursuant to sub. (7).
Credit for a combined termination and sabbatical leave plan with such credit being accumulated without limitation.
Cash payment during the year earned for not to exceed 40 hours at the employee’s base rate exclusive of any supplementary compensation as of the last day of the payroll in the calendar year.

(bm) Pursuant to s. 230.35 (1p) (c), Stats., employees who earn annual leave at less than the rate of 160 hours per year and who have accumulated, at any time during the employee’s continuous state service, a minimum of 520 hours of sick leave may elect to receive up to 40 hours of earned annual leave as credit for termination leave or as accumulated sabbatical leave or both. An election under this paragraph shall be made in the year in which the annual leave is earned.

(c) The number of hours available for use under pars. (a), (b), and (bm) shall be prorated at the pertinent annual leave rate or rates for employees who work less than 2080 hours during the calendar year.

(6) When annual leave may be taken.

(a) Pursuant to s. 230.35 (1) (b), Stats., employees may anticipate annual leave which they can earn during the calendar year. Anticipated annual leave shall be based upon a projection of the employee’s number of hours in pay status during the calendar year and the conversion factors provided under sub. (4) (d).

(b) When annual leave may be taken. In determining annual leave schedules, the appointing authority shall respect the wishes of the eligible employees as to the time of taking their annual leave insofar as the needs of the service will permit. Annual leave allowance shall be taken during the calendar year except as follows:

Employees who request and receive approval from their appointing authority or who are required by their appointing authority to defer all or part of their annual leave for a given calendar year shall be permitted to take it within the first 6 months of the ensuing calendar year.
However, employees who are unable to take unused annual leave as provided in subd. 1. due to their work responsibilities shall be granted an additional 6 month extension of time in which to use the annual leave. Any extension under this subdivision shall be approved by the appointing authority. Any authorized leave credits, carried over from the previous calendar year, shall be dropped as of December 31 of the following calendar year. This paragraph shall not apply to any carried over leave credited under sub. (5) (a) 2. and (b) 2.
Employees completing an original probationary period during the first 6 months of the calendar year shall have the remainder of the calendar year in which to use annual leave earned in the previous year.
Employees completing an original probationary period during the last 6 months of the calendar year shall have the remainder of the calendar year and the first 6 months of the following calendar year in which to use annual leave earned in the previous year.
If the projected number of hours in pay status used to anticipate an employee’s annual leave under par. (a) changes during the calendar year, the employee’s anticipated annual leave balance shall be adjusted in accordance with sub. (4). Employees granted additional leave during the last 6 months of the calendar year due to changes in the projected number of hours in pay status shall have the remainder of the calendar year and the first 6 months of the ensuing calendar year in which to use the additional annual leave earned in the previous year.
Employees may use annual leave as provided in s. ER 18.15 (4) (f) and (g).

(7) When sabbatical leave may be taken. In determining sabbatical leave schedules, the appointing authority shall respect the wishes of eligible employees as to the time of taking sabbatical leave subject to the needs of the service.

Note: See s. ER 21.04 regarding treatment of leave credits upon resignation from state service.

(9) Payment for unused leave upon termination. Upon termination, payment for unused annual leave, including termination and sabbatical leave, shall be made pursuant to:

(a) Section ER 21.04 for termination as a result of resignation.

(b) Section 230.35 (1) (m), Stats., for termination as a result of layoff, death or discharge, with the date of layoff, death or discharge establishing the employee’s termination date.

History

Renum. from ER-Pers 18.02 (2) (a) to (g), (3) (b), (4) (a) to (c), (5) (a) to (c), (7) (intro) to (d), cr. (1), (2) (a), (b) (intro.), (d) and (e), (3) (a) to (c) (intro.), (4) (d), (5), (6) (a) and (b) 5., (7) and (9), Register, May, 1988, No. 389, eff. 6-1-88; correction in (2) (b) 6 and 7, (3) (c) 3 and (4) (a) and (b), (6) (b) 2. made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; am. (2) (b) 6., (3) (c) 3., (5) (c), cr. (5) (bm) and (6) (b) 6., Register, March, 1998, No. 507, eff. 4-1-98; am. (2) (b) 2. (intro.), b. and (2) (b) 7., cr. (2) (b) 2m, Register, December, 1999, No. 528, eff. 1-1-00; correction in (2) (a) made under 13.93 (2m) (b) 7., Stats., Register, December, 1999, No. 528; corrections in (2) (b) 6., (3) (c) 3. and (4) (b) made under s. 13.93 (2m) (b) 7., Stats., Register April 2002 No. 556; CR 04-139: r. (2) (b) 2. a. and b., am. (2) (b) 2m. and 6., (3) (c) 2., (5) (b) and (c) Register June 2005 No. 594, eff. 7-1-05; CR 16-067: r. and recr. (3) (c) 1., (4) (d), (5) (c) Register June 2017 No. 738, eff. 7-1-17; CR 18-006: am. (1), (2) (a), (b) 6., (3) (a), (c) 3. (intro.), (5) (a) (intro.), (c) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER 18.03 Sick leave {#sec-er-18.03 omnilex-key=us-wi-regs-official--agency-er--ER 18.03}

(1) Employees who earn sick leave. Pursuant to s. 230.35 (2), Stats., all employees shall earn sick leave under this rule except:

(a) Limited term employees;

(b) Members of the organized militia referenced under s. 20.923 (6) (c), Stats.;

(1g) Sick leave for certain unclassified staff. This section also applies to unclassified staff of the legislature not identified under s. 20.923 (4), Stats., unclassified staff of a legislative service agency under subch. IV of ch. 13, Stats., staff of the state court system, and the one stenographer employed by each elective executive officer under s. 230.08 (2) (g), Stats. These persons shall be considered “employees” for the provisions regarding sick leave under this chapter.

(1m) Certain elected officials’ sick leave. This section also applies to elected officials except members of the legislature, circuit and appeals court judges and justices of the supreme court.

Note: See ss. 13.121 (4) and 757.02 (5), Stats., for accrual of sick leave credits for health insurance premiums for members of the legislature and circuit and appeals court judges and justices of the supreme court, respectively.

(2) Accrual of sick leave.

(a) Sick leave credit shall accrue at the rate of .0625 hour for each hour in pay status, not to exceed 5 hours in any biweekly pay period.

(b) Sick leave credits in any given year shall not be earned for any period of absence without pay or time otherwise not worked or paid for, except that for administrative purposes, any approved absence or absences without pay totaling 4 work hours or less in any biweekly pay period will be disregarded. This paragraph does not apply to persons on temporary layoff under s. ER-MRS 22.14 who shall earn sick leave credits at the rate specified under par. (a) for the time spent on such temporary layoff.

(c) Unused sick leave shall accumulate from year to year in the employee’s sick leave account pursuant to s. 230.35 (2), Stats.

Note: See s. ER 18.05 for sick leave carry-over provisions for project employees.

(d) Sick leave shall not be used until it has been accrued.

(3) Accounting for use of sick leave. The use of sick leave shall be charged to the employee’s account by the appointing authority.

(4) Eligibility for and use of sick leave. Each employee who has accrued sick leave credits shall be eligible to use sick leave for periods of absence from employment, as follows:

(a) For personal illnesses, bodily injuries, maternity, or exposure to contagious disease:

Which require the employee’s confinement;
Which render the employee unable to perform assigned duties; or
Where performance of assigned duties would jeopardize the employee’s health or recovery.

(b) For immediate family or personal medical or dental appointments which cannot be scheduled at times other than during work hours.

(c) For temporary emergency medical care of ill or injured members of the immediate family for a limited period of time to permit the employee to make other arrangements. Use of sick leave for temporary emergency care of immediate family members is limited to 5 work days for any one illness or injury; however, the use of sick leave may be extended to cover unusual circumstances provided prior approval is obtained from the appointing authority.

(d) For a death in the immediate family, use of accrued sick leave due to a death in the immediate family is limited to a total of 3 work days, plus required travel time not to exceed 4 additional work days. However the appointing authority may extend the use of sick leave to cover unusual circumstances.

(e) An appointing authority may require a medical certificate to justify the granting of sick leave or to verify the fitness of an employee to return to work.

(5) Sick leave credit continuation.

(a) Previously accumulated sick leave shall not be canceled by absence on approved leave under s. ER 18.14. Termination from the service for misconduct or delinquency shall cancel all unused accumulated sick leave. Whenever an unclassified employee covered by this section or a permanent classified employee is laid off, terminated due to lack of work or funds, or resigns, any unused accumulated sick leave credit shall remain on record and be restored if the person is reemployed in a position covered by this section within 5 years. This provision shall also apply to project employees eligible to transfer credits under s. ER 18.05 (3).

(b) For restoration of sick leave credits for employees serving in career executive positions or positions designated in s. 20.923 (4), (8) and (9), Stats., see s. 230.35 (2), Stats. This same provision shall also apply to elected officials except members of the legislature, circuit and appeals court judges and justices of the supreme court.

(6) Adjustment to sick leave balance of employees on unpaid leave of absence. Employees who began an unpaid leave of absence on or after July 6, 1997 and before October 12, 1997 shall have their sick leave balances recomputed, upon their return to a position covered by this section, at the rate of .0625 for each hour in pay status, not to exceed 5 hours in any biweekly pay period, based on the number of hours in pay status in a position covered by this section during that time period. Any additional sick leave credits will be credited to the employee’s sick leave balance and are available for prospective use only.

(7) Adjustment to sick leave balance.

(a) The sick leave balances of all employees in pay status on October 12, 1997 and former employees who retired or were laid off from a position during the period from July 6, 1997 to October 12, 1997 shall be recomputed at the rate of .0625 for each hour in pay status, not to exceed 5 hours in any biweekly pay period, based on the number of hours in pay status in a position covered by this section during that time period. Any additional sick leave credits will be credited to the employee’s sick leave balance and are available for prospective use only, except that former employees who retired or were laid off after July 6, 1997 and before October 12, 1997 may use the additional sick leave credits for the payment of health insurance premiums in the same manner as any sick leave credits that were available to them for that purpose at the time of retirement or layoff.

(b) The sick leave balances of all employees who move after October 12, 1997 from a position covered by a collective bargaining agreement under subch. V of ch. 111, Stats., to a position covered by this section shall be recomputed at the rate of .0625 for each hour in pay status, not to exceed 5 hours in any biweekly pay period, based on the number of hours in pay status in a position or positions covered by a collective bargaining agreement between July 6, 1997 and the effective date of the employee’s move to a position covered by this section. The sick leave balance of an employee may not be adjusted for any hours in pay status during that time period if the employee’s sick leave balance previously has been adjusted for those hours under sub. (6) or par. (a) or under terms of a collective bargaining agreement. Any additional sick leave credits will be credited to the employee’s sick leave balance and are available for prospective use only. This paragraph does not apply after June 30, 1999.

Note: For provisions regarding sick leave conversion credit at the time of retirement, in the event of death or at the time of layoff, see s. 40.05 (4) (b) and (bm), Stats., regarding health insurance premiums.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. (1), (2) (a) and (b) and (5), Register, September, 1975, No. 237, eff. 10-1-75; am. (1) and (7), Register, December, 1976, No. 252, eff. 1-1-77; am. (1), (2), (3) and (4) (a), r. (4) (c) and (7), renum. (5) to be (5) (a) and am., cr. (5) (b), renum. (6) to be (5) (c) and am. Register, February, 1981, No. 302, eff. 3-1-81; am. (2) (a) and (b) and (5) (c), Register, February, 1983, No. 326, eff. 3-1-83; renum. from ER-Pers 18.03, r. (1) (b) and (c), (4) (a) and (5) (c), cr. (1g), (1m), (4) (intro.) to (d), Register, May, 1988, No. 389, eff. 6-1-88; correction in (2) (b) and (5) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; emerg. am. (2) (a), cr. (6) and (7), eff. 10-12-97; am. (2), cr. (6) and (7), Register, March, 1998, No. 507, eff. 4-1-98; cr. (4) (d), Register, December, 1999, No. 528, eff. 1-1-00; correction in (5) (b) made under s. 13.93 (2m) (b) 7., Stats., Register April 2002 No. 556; CR 04-139: am. (5) (a) Register June 2005 No. 594, eff. 7-1-05.

Wis. Admin. Code § ER 18.04 Holidays {#sec-er-18.04 omnilex-key=us-wi-regs-official--agency-er--ER 18.04}

(1) Employees who earn holidays. All employees except limited term employees earn holidays under this section. Special provisions for specific classifications may be provided in the compensation plan.

(2) Compensatory time.

(a) Employees shall receive equivalent time off when the legal holiday falls on the employee’s regularly scheduled day off.

(b) Subject to subds. 1. to 5., employees shall receive compensatory time off at a rate of one and one-half times the number of hours worked, or a cash payment at a rate of one and one-half times the employee’s regular rate for each hour the employee is assigned to work on a holiday enumerated in s. 230.35 (4) (a) 1. to 9., Stats. In addition, such working employee also receives the holiday off at a later date.

Regular rate is defined in the compensation plan established under s. 230.12 (6), Stats.
Compensatory time off shall be scheduled at the discretion of the appointing authority.
The amount of compensatory time, recorded at the one and one-half rate specified under par. (b) that is not scheduled and used within the calendar year, shall be paid in cash at the employee’s current regular rate in accordance with the compensation plan. Any such payment shall be made prior to the administrative date for compensation adjustments established under s. 230.12 (8), Stats.
Pursuant to Article IV, Section 26 of the Wisconsin Constitution and s. 20.923 (16), Stats., fixed term employees and employees in positions included under s. 20.923 (4) and (8) to (12), Stats., are ineligible for extra compensation for work performed on a holiday.
Compensatory time off shall not be used until after the holiday during which it has accrued occurs. Prospective use of compensatory time off shall not be permitted.

(3) Eligibility for legal holidays.

(a) For the purposes of this subsection, “scheduled work day” for an employee on a leave of absence without pay means the day the employee would have been scheduled to work had the employee been in pay status.

(b) To be eligible for any legal holiday with pay, a person must be in employment status on the holiday and do at least one of the following:

Work on the holiday;
Be in pay status on the last scheduled work day immediately preceding the holiday; or
Be in pay status on the first scheduled work day immediately following the holiday.

(c) Employees who are regularly employed for less than 80 hours per biweekly pay period on a continuing basis shall be granted a prorated amount of legal holidays consistent with the employee’s regularly scheduled hours per pay period at the time the holiday occurs.

(4) Personal holidays.

(a) Employees who are regularly employed for less than 80 hours per biweekly pay period on a continuing basis shall be granted a prorated amount of paid personal holiday time consistent with the employee’s regularly scheduled hours per pay period at the time the holiday is taken.

(b) Upon termination, payment for any unused personal holidays shall be made in the same manner as provided for annual leave under s. ER 18.02 (9).

(c) Personal holidays shall be used prior to the end of the calendar year, except as provided under s. 230.35 (4) (d) 4., Stats., and s. ER 18.15 (4) (f).

(d) If an employee moves between permanent or unclassified appointments and project appointments during a calendar year, the total number of personal holidays earned in the calendar year shall not exceed four and one-half days.

Note: See s. 230.35 (4) (d), Stats.

History

Renum. from ER-Pers 18.07, cr. (1), (2) (b) 4. and 5., (3) and (4) (c), Register, May, 1988, No. 389, eff. 6-1-88; correction in (2) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; am. (2), Register, June, 1997, No. 498, eff. 7-1-97; am. (4) (c), Register, March, 1998, No. 507, eff. 4-1-98; cr. (4) (d), Register, December, 1999, No. 528, eff. 1-1-00; CR 04-139: am. (4) (d) Register June 2005 No. 594, eff. 7-1-05; correction in (2) (b) 4. under s. 13.92 (4) (b) 7., Stats., Register September 2015 No. 717; CR 18-006: am. (1), (2) (b) 3. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER 18.05 Other provisions relating to annual leave, sick leave and personal holidays {#sec-er-18.05 omnilex-key=us-wi-regs-official--agency-er--ER 18.05}

(1) Annual leave, sick leave or personal holidays on legal holidays. In the event that a legal holiday falls on a regular work day within the week or weeks taken as annual leave, sick leave, or personal holidays, such legal holiday shall not be charged as annual leave, sick leave or personal holiday. For any time on which work is suspended, such suspension shall not be construed to extend any annual leave, sick leave or personal holiday to an employee in such status at the time.

(2) Transfer of credits by permanent classified or unclassified employees.

(a) For the purposes of this subsection, “new appointing authority” means the appointing authority after the movement between the relevant types of employment. In some instances, the new appointing authority may be the same as the former appointing authority.

(b) Except as provided in pars. (e) and (g), upon entry to employment covered by this chapter from state unclassified employment which was not covered by this chapter, unused leave credits accumulated under the employment not covered by this chapter may be retained by the employee upon mutual agreement between the employee and the new appointing authority. Such agreements are subject to approval by the administrator. The total amount of leave credits retained by the employee may not exceed the unused leave credits which could have been accumulated in accordance with the provisions of this chapter. Negative leave credit balances shall not be transferred. An elected official is not eligible to transfer unused leave credits earned during employment as an elected official to employment covered by this chapter other than unused sick leave credits. The transfer of unused sick leave credits accumulated under state unclassified employment not covered by this chapter will be authorized subject to the limits specified in this paragraph. The restoration of unused sick leave credits accumulated under state unclassified employment not covered by this chapter will be in accordance with s. ER 18.03 (5) (a), except the total credits restored may not exceed those that could have been accumulated in accordance with the provisions of this chapter.

(c) When an employee moves from a position to a different position, and employment in both positions is covered by this chapter, obligation for any unused accumulated leave credits earned pursuant to this chapter shall be assumed by the new appointing authority.

(d) When an employee in employment subject to this chapter moves to unclassified state employment not subject to this chapter, the employee may carry forward any unused accumulated leave credits earned under this chapter to the new place of employment, providing the new appointing authority agrees to assume the obligation for them.

(e) When an employee in employment subject to this chapter terminates and moves to unclassified state employment not subject to this chapter and the new appointing authority is not willing to assume the obligation for any unused accumulated leave credits earned under this chapter, the agency subject to this chapter shall pay the employee a lump sum payment for the leave credits, except that no payment shall be made for sick leave credits.

(f) When a represented classified employee moves to a nonrepresented position subject to this chapter, the employee shall carry forward any unused accumulated leave credits.

(g) When an elected official covered by s. ER 18.03 moves to other employment subject to this chapter, any unused sick leave credits shall be carried forward.

(h) When positions are converted from the unclassified service to the classified service, leave credit benefits for employees who remain in such positions pursuant to a waiver of competition under s. 230.15 (1), Stats., are determined by the administrator.

(3) Transfer of credits by project employees who were permanent employees or unclassified employees. Pursuant to s. 230.27 (2m) (b), Stats., a project employee who has previously been a permanent classified employee or an unclassified employee other than a limited term employee may transfer continuous service and paid leave credits previously earned to the project appointment and from the project appointment to a subsequent project or permanent appointment in a manner consistent with that applied to similar transactions in the permanent classified service, subject to the following:

(a) Transfer of credits to a project appointment.

Accumulated leave credits earned as a permanent classified employee or as an unclassified employee other than a limited term employee shall be carried over to a project appointment in the same manner as prescribed under sub. (2) if the project employee would have been able to carry over the leave credits to a permanent appointment.
Continuous service credits earned as a permanent classified employee or as an unclassified employee other than a limited term employee shall be carried over to a project appointment in the same manner as prescribed under s. ER 18.02 (2) if the project employee would have been eligible to carry over the continuous service credits to a permanent appointment.

(b) Transfer of credits between project appointments. Accumulated leave and continuous service credits earned during a project appointment shall be carried over upon appointment to a subsequent project appointment if the project employee previously was a permanent classified employee or unclassified employee other than a limited term employee and could have carried over the leave credits if the project appointments had been permanent appointments.

(c) Transfer of credits from a project appointment. Accumulated leave and continuous service credits earned during a project appointment shall be carried over upon a permanent classified or unclassified appointment if the project employee previously was a permanent classified employee or an unclassified employee other than a limited term employee and could have carried over the leave credits if the project appointment had been a permanent appointment.

(4) Transfer of credits by other project employees. Pursuant to s. 230.27 (2m) (a), Stats., a project employee who has not previously been a permanent classified employee or an unclassified employee other than a limited term employee may not transfer continuous service or paid leave credits earned in any project appointment to subsequent project, permanent, or unclassified appointments, subject to the following:

(a) Continuous service. Continuous service credit shall be earned for the duration of employment in the project position. Continuous service is considered interrupted and a new period of continuous service begins upon subsequent project, permanent, or unclassified appointments.

(b) Annual leave. A 6 month qualifying period must be served in each project appointment and subsequent permanent appointment before becoming eligible to use annual leave.

(c) Sick leave. Unused sick leave credits shall be canceled upon subsequent project, permanent, or unclassified appointments.

(d) Holidays. Time off for personal and legal holidays shall be granted under s. ER 18.04.

(6) Leave credit balances. An employee may not overdraw the balance of any leave credit account.

History

Renum. from ER-Pers 18.04 (1), cr. (2) to (4) and (6), Register, May, 1988, No. 389, eff. 6-1-88; am. (4) (d), Register, December, 1999, No. 528, No. 528, eff. 1-1-00; correction in (2) (b), (h) under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; CR 18-006: am. (2) (b) Register July 2018 No. 751, eff. 8-1-18.

Certain employees and elected officials other than members of the legislature, circuit and appeals court judges and justices of the supreme court, who are unable to work due to injuries incurred in line of duty and hazardous employments shall continue to receive their salaries, according to the provisions of s. 230.36, Stats., and ch. ER 28.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. Register, February, 1981, No. 302, eff. 3-1-81; renum. from ER-Pers 18.06 and am. Register, May, 1988, No. 389, eff 6-1-88.

Wis. Admin. Code § ER 18.08 Military service {#sec-er-18.08 omnilex-key=us-wi-regs-official--agency-er--ER 18.08}

(1) National guard, state guard, reserve corps. For project employees, eligibility for annual military leave under s. 230.35 (3), Stats., shall be earned after completion of the first 12 months of employment in a project position. If prior eligibility has been attained in a permanent, seasonal, sessional, or unclassified position and the employee has been appointed to the project position without an interruption of continuous service, such prior eligibility shall be retained.

Note: See s. 230.35 (3), Stats., for provisions regarding attendance at duly ordered military and naval schools, annual field training and naval exercises by employees and elected officials other than members of the legislature, circuit and appeals court judges and justices of the supreme court.

(2) Active service. See s. 230.32, Stats.

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; renum from ER-Pers 18.08 and am. Register, May, 1988, No. 389, eff 6-1-88; CR 18-006: am. (1) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER 18.09 Civilian service {#sec-er-18.09 omnilex-key=us-wi-regs-official--agency-er--ER 18.09}

Service during a period officially proclaimed to be a national emergency or limited national emergency. See s. 230.32 (1), Stats.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. Register, February, 1981, No. 302, eff. 3-1-81; renum. from ER-Pers 18.09, Register, May, 1988, No. 389, eff 6-1-88.

Wis. Admin. Code § ER 18.10 Jury service {#sec-er-18.10 omnilex-key=us-wi-regs-official--agency-er--ER 18.10}

As provided in s. 230.35 (3) (c), Stats., employees and elected officials, except limited term employees and members of the legislature, circuit and appeals court judges and justices of the supreme court summoned for grand or petit jury service shall be entitled to leave with pay. However, when not impaneled for actual service and only on call, the employee or elected official shall report back to work unless authorized by the appointing authority to be absent from the work assignment.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. Register, February, 1981, No. 302, eff. 3-1-81; renum. from ER-Pers 18.10 and am. Register, May, 1988, No. 389, eff. 6-1-88.

Wis. Admin. Code § ER 18.11 Voting time {#sec-er-18.11 omnilex-key=us-wi-regs-official--agency-er--ER 18.11}

Pursuant to ss. 6.76 and 230.35 (4) (e), Stats., an employee who is eligible to vote but is unable to vote during nonworking hours shall be granted time off with pay for not to exceed 3 consecutive hours upon written application to the employee’s appointing authority at least 2 work days prior to the election date. Such application shall state the need and the amount of reasonable time off required to exercise this right. The appointing authority may designate the time of day that the employee shall be allowed the time off.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. Register, February, 1981, No. 302, eff. 3-1-81; renum. from ER-Pers 18.13, Register, May, 1988, No. 389, eff. 6-1-88; CR 04-139: am. Register June 2005 No. 594, eff. 7-1-05.

Wis. Admin. Code § ER 18.12 Leaves of absence for civil service interviews {#sec-er-18.12 omnilex-key=us-wi-regs-official--agency-er--ER 18.12}

Each employee with permanent status in class shall be eligible for and may request up to 16 hours paid leave time each calendar year for the purpose of competing in no more than 2 Wisconsin State Civil Service interviews when such interviews are conducted during an employee’s scheduled work time. Employees shall be granted such requests provided due notice has been given by the employee and work coverage will not be interrupted. Such time shall not exceed the number of hours reasonably required to attend such interviews, including travel time. Leave time for more than 2 interviews in each calendar year may be granted to employees at the discretion of the appointing authority.

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 ER-Pers 18.14, 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 18.13 Leave of absence by employees and certain elected officials for military preinduction physical examination {#sec-er-18.13 omnilex-key=us-wi-regs-official--agency-er--ER 18.13}

See s. 230.35 (3) (b), Stats.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. Register, February, 1981, No. 302, eff. 3-1-81; renum. from ER-Pers 18.15, Register, May, 1988, No. 389, eff 6-1-88.

Wis. Admin. Code § ER 18.14 Leave of absence without pay {#sec-er-18.14 omnilex-key=us-wi-regs-official--agency-er--ER 18.14}

(1) Eligibility. Permanent classified employees may be granted a leave of absence without pay subject to the provisions of sub. (2).

(2) When granted.

(a) Formal leave. Any permanent classified employee, may request a leave of absence without pay for a period not to exceed one year. Such leave may be granted by the appointing authority when it will not result in prejudice to the interests of the state as an employer beyond any benefits to be realized upon the employee’s return to the service. A leave of absence may be extended on a year to year basis for an additional 2 years with the approval of the appointing authority. No formal leave of absence shall exceed 3 years except as provided under par. (f).

(b) Leave to serve in unclassified position. See s. 230.33, Stats.

(c) Summer leave. Employees whose services are not required at institutions or schools during a summer recess shall be considered to be on leave of absence without pay.

(d) Maternity leave. Upon request of the employee, maternity leaves of absence shall be granted for a period of time requested by the employee, not to exceed 6 consecutive months. Upon request of the employee, the appointing authority may extend or renew a maternity leave of absence for additional periods of time, not to exceed a total of 6 months. Part or all of the original leave, extension or renewal may be covered by sick leave pursuant to s. ER 18.03 (4) (a), leave of absence without pay, earned annual leave, sabbatical leave, holiday leave, compensatory time off at the employee’s discretion, or anticipated annual leave subject to s. ER 18.02 (6).

(e) Paternity, adoption and pre-adoptive foster care. Upon request of the employee, leaves of absence for paternity, adoption and pre-adoptive foster care shall be granted for a period of time requested by the employee, not to exceed 6 consecutive months. Upon request of the employee, the appointing authority may extend or renew paternity, adoption and pre-adoptive foster care leaves of absence for additional periods of time, not to exceed a total of 6 months. Part or all of the original paternity, adoptive or pre-adoptive foster care leave, extension or renewal may be covered by leave of absence without pay, earned annual leave, sabbatical leave, holiday leave, compensatory time off at the employee’s discretion, or anticipated annual leave subject to s. ER 18.02 (6).

(f) Leave to serve in a project appointment. An appointing authority may grant a leave of absence without pay for not more than 4 years to an employee who voluntarily accepts a project appointment.

(3) Absence without leave. Any absence of an employee that is not authorized under chs. ER 1 to 47 shall be considered as an absence without leave. Any such absence may be grounds for disciplinary action.

Note: Also see s. ER 21.03 regarding abandonment.

(4) Failure to return from leave. The date the leave of absence expires shall be considered the last day worked.

Note: See s. ER 21.03 for other provisions regarding failure to return from leave.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. (1) (b) and cr. (1) (d), Register, September, 1975, No. 237, eff. 10-1-75; am. (2), Register, December, 1976, No. 252, eff. 1-1-77; r. (1) (a), renum. (1) (b) to be (1) (a) and am., cr. (1) (b), (e) and (f), r. and recr. (1) (d), am. (2), cr. (4), Register, February, 1981, No. 302, eff. 3-1-81; am. (1) (a) and (d) and (2), Register, February, 1983, No. 326, eff. 3-1-83; renum. from ER-Pers 18.05 and r. (1) (e) and (f) (2), renum. (1) to be (2) and am. (2) (a) and (d), am. (3) and (4), cr. (1), (2) (e) and (f), Register, May, 1988, No. 389, eff. 6-1-88.

Wis. Admin. Code § ER 18.15 Catastrophic leave {#sec-er-18.15 omnilex-key=us-wi-regs-official--agency-er--ER 18.15}

(1) Definitions. In this section:

(a) “Catastrophic need” has the meaning given in s. 230.35 (2r) (a), Stats.

(b) “Donor” means any person meeting the eligibility requirements under sub. (3).

(c) “Employee” means any person who receives remuneration for services rendered to the state under an employer-employee relationship, except unclassified employees of the State of Wisconsin Investment Board, elected officials and limited term employees.

(d) “Leave credits” means earned but unused termination leave, sabbatical leave, personal and legal holiday time, and anticipated and earned but unused annual leave, subject to s. 230.35 (1) (b), Stats. “Leave credits” does not include sick leave credits or compensatory time off credits.

(e) “Recipient” means any person meeting the eligibility requirements under sub. (2).

(2) Determining recipient eligibility. To be an eligible recipient, an employee shall satisfy the conditions under par. (a) or (b):

(a) Be an eligible recipient under a catastrophic leave program under a collective bargaining agreement under subch. V of ch. 111, Stats., or;

(b) Satisfy all of the following conditions:

Complete the first 6 months of service as a permanent classified, project or unclassified employee.
Be absent from pay status due to a catastrophic need of the employee or an immediate family member. Absence from pay status may occur in noncontinuous increments.
Anticipate an absence from pay status of at least 160 hours duration. The 160 hours shall be prorated for seasonal, sessional, school year, and part-time employees.
Provide medical certification of the catastrophic need if required by the appointing authority.
Use all available sick leave credits.
Have a leave balance of no more than 16 hours of combined accrued annual leave, including sabbatical or termination leave, and holiday credits.
May not be receiving other salary replacement income.
Be approved as an eligible recipient by the appointing authority or a designee.

(3) Determining donor eligibility. To be an eligible donor, an employee shall satisfy the conditions under par. (a) or (b):

(a) Be an eligible donor under a catastrophic leave program under a collective bargaining agreement under subch. V of ch. 111, Stats., or;

(b) Satisfy all of the following conditions:

Complete the first 6 months of service as a permanent classified, project or unclassified employee.
Have at least one year of continuous service.

(4) Leave credit donations and usage.

(a)

Subject to subds. 2. to 5., a donor may donate leave credits to one or more recipients in any calendar year.
The total amount of leave credits donated by a donor to all recipients in any calendar year may not exceed 24 hours. The 24 hour limit shall be prorated for seasonal, sessional, school year, and part-time employees.
A donor may donate leave credits only to recipients within the same agency, except that donations may be made to recipients in different agencies with the approval of the donor’s appointing authority and the recipient’s appointing authority.
Leave credit donations shall be in whole hour increments and on an hour-for-hour basis irrespective of the base hourly rates of the donor and recipient.
Leave credits donated in excess of the maximum number of leave credits required for a recipient shall be returned to the donor.

(b) A recipient may not receive more than 640 hours of donated leave credits during any calendar year. The 640 hour limit shall be prorated for seasonal, sessional, school year, and part-time employees. The donated leave credits shall be used in order of receipt.

(c) In a biweekly pay period, a recipient may not use more than 80 hours of leave or the number of hours consistent with the recipient’s regularly scheduled hours per pay period at the time the unpaid leave commenced, whichever is less.

(d) Leave credits earned by a recipient shall be used prior to using donated leave credits, subject to sub. (2) (b) 5. and 6. The appointing authority shall determine the increments in which leave credits are deducted.

(e) If a recipient or donor no longer meets the definition of employee under sub. (1) (c), moves to another agency, or separates from employment, all unused donated leave credits shall be returned to the donor.

(f) Leave credits donated to a recipient are not subject to limitations on end of year carryover of leave credits under ss. ER 18.02 (6) (b) and 18.04 (4) (c).

(g) Donors shall have the remainder of the calendar year and the first 6 months of the ensuing calendar year in which to use previously donated leave credits returned to the donor during the last 6 months of the calendar year.

(4g) Credit transfers between covered employees in different agencies may occur with the affected agencies’ approval.

(4m) If an employee is covered by a catastrophic leave program under a collective bargaining agreement under subch. V of ch. 111, Stats., the provisions of the applicable collective bargaining agreement shall determine eligibility, limitations on the receipt, donation and usage of leave and other conditions of catastrophic leave as they apply to that employee.

(5) Appeal provisions. No employee may grieve under an agency’s grievance procedure any appointing authority’s decision relating to a catastrophic leave program or appeal any such decision to the commission under s. 230.44 or 230.45 (1) (c), Stats.

History

Cr., Register, June, 1997, No. 498, eff. 7-1-97; emerg. am. (1) (c), (2) to (3) (a), (4) (a) 3., cr. (4m), eff. 10-12-97; am. (1) (c), (2) (intro.), (3) (intro.), (4) (a) 3., renum. (2) (a) to (h), (3) (a) and (b) to be (2) (b) 1. to 8., (3) (b) 1. and 2., cr. (2) (a), (b) (intro.), (3) (a), (b) (intro.) and (4m), Register, March, 1998, No. 507, eff. 4-1-98; correction in (4) (d) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1998, No. 507; CR 04-139: am. (1) (c), (2) (b) 1., 2., 3., 5., (3) (b) 1. and (4g), Register June 2005 No. 594, eff. 7-1-05; CR 18-006: am. (1) (c) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER 18.16 Paid leaves for providing certain disaster relief services {#sec-er-18.16 omnilex-key=us-wi-regs-official--agency-er--ER 18.16}

As provided in s. 230.35 (3) (e), Stats., an appointing authority may grant a paid leave of absence to a state employee to allow the employee to participate in providing specialized disaster relief services if the conditions in s. 230.35 (3) (e), Stats., are met.

History

Cr. Register, December, 1999, No. 528, eff. 1-1-00.

Wis. Admin. Code § ER 18.17 Paid leave to serve as a bone marrow or organ donor {#sec-er-18.17 omnilex-key=us-wi-regs-official--agency-er--ER 18.17}

As provided in s. 230.35 (2d), Stats., an appointing authority shall grant paid leave of absence to a state employee who serves as a bone marrow or organ donor under the conditions provided in s. 230.35 (2d), Stats.

History

CR 04-139: cr. Register June 2005 No. 594, eff. 7-1-05.

Wis. Admin. Code § ER 18.18 Paid leave to serve as an election official {#sec-er-18.18 omnilex-key=us-wi-regs-official--agency-er--ER 18.18}

As provided in s. 7.33, Stats., an appointing authority shall grant leave without loss of pay to a state employee who serves as an election official.

History

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

Chapter ER 21 RESIGNATION

Wis. Admin. Code § ER 21.01 Definitions {#sec-er-21.01 omnilex-key=us-wi-regs-official--agency-er--ER 21.01}

In this chapter:

(1) “Leave credits” has the meaning defined in s. ER 18.01 (5), excluding sick leave.

(2) “Resignation” means a voluntary termination from a position.

(3) “Resignation date” means:

(a) The date the employee designates in his or her letter of resignation;

(b) The date the resignation letter is filed with the appointing authority if no date is supplied in the resignation letter;

(c) The date established by mutual written agreement between the employee and the appointing authority if different from par. (a) or (b); or

(d) The end of the last date in work status in the case of an abandonment which is treated as a resignation.

(4) “Termination” means:

(a) The end of employment status as defined in s. ER 18.01 (3); or

(b) The end of pay status resulting from layoff as defined in s. ER 1.02 (15) or seasonal layoff of a person who is an employee as a result of seasonal employment as defined under s. ER 1.02 (44).

History

Cr. Register, May, 1988, No. 389, eff. 6-1-88; CR 18-006: am. (1) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER 21.02 Conditions of resignation {#sec-er-21.02 omnilex-key=us-wi-regs-official--agency-er--ER 21.02}

(1) An employee who resigns from a position is required to submit a letter of resignation to the appointing authority. The resignation letter shall be submitted not less than 14 calendar days prior to the resignation date, unless the employee and the appointing authority have agreed upon an alternate resignation date.

(2) After an employee submits a resignation letter, neither the employee nor the appointing authority can withdraw, stop or change the resignation date or other terms of the resignation except by mutual written agreement.

(3) Under authority of ss. 230.04 (1m) and 230.34 (4), Stats., and this chapter, the administrator delegates to the appointing authority the responsibility to obtain, record and file the record of resignation submitted by the employee.

(4) An appointing authority shall acknowledge receipt of an employee’s resignation.

History

Renum. from ER-Pers 21.01 and 21.02 and cr. (2) and (3), Register, May, 1988, No. 389, eff. 6-1-88; correction in (3) under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER 21.03 Abandonment {#sec-er-21.03 omnilex-key=us-wi-regs-official--agency-er--ER 21.03}

(1) If an employee fails to report for work as scheduled, or to contact the employee’s supervisor regarding absence from work, the appointing authority may discipline the employee.

(2) If an employee fails to report to work as scheduled or to contact his or her supervisor for a minimum of 3 working days during a calendar year, the appointing authority shall consider the employee’s position abandoned and may take one of the following actions:

(a) Initiate discipline of the employee, which may include terminating the employee for cause, effective the last day worked; or

(b) Treat the employee as having resigned, effective as of the end of the last day worked.

Note: See s. ER 18.14 (4) for employees who fail to return from leave.

(3) Failure to report to work without having submitted a written resignation letter shall be treated as abandonment.

(4) The appointing authority shall provide written notice to the employee at the employee’s last known mailing address of all actions taken under this section.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81; renum. from ER-Pers 21.03 and am. (4), cr. (3), Register, May, 1988, No. 389, eff. 6-1-88; CR 18-006: am. (2) (intro.) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER 21.04 Treatment of leave credits upon resignation from state service {#sec-er-21.04 omnilex-key=us-wi-regs-official--agency-er--ER 21.04}

(1) Whenever the conditions of resignation as described under s. ER 21.02 (1) are met for an employee who is terminating from state service, the employee’s termination date shall be extended by the amount of leave credits to which the employee would be entitled if employment were to continue until these leave credits were exhausted, unless:

(a) The employee requests payment in a lump sum in the notice of resignation; or

(b) The appointing authority and the employee mutually agree in writing to a payment of all or part of the balance in a lump sum. If part of the balance is paid in a lump sum the remainder of the leave credits shall extend the employee’s termination date as provided in this subsection.

(2) Except as provided under sub. (3), whenever the conditions of resignation as described under s. ER 21.02 (1) are not met for an employee who is terminating from state service, the termination date shall be determined in accordance with sub. (1) or (3) at the discretion of the appointing authority.

(3) Upon abandonment under s. ER 21.03, the termination date shall be the end of the last day worked. The termination date shall not be extended by the amount of leave credits the employee has accrued. The employee shall be paid in a lump sum for these leave credits.

Note: See s. ER 18.14 (4) for determining the “last day worked” by employees who fail to return from leave.

(4) Upon resignation as a result of disability, the termination date shall be established in accordance with s. 40.02 (22) (b) 6., Stats.

History

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

Chapter ER 28 WORKER’S COMPENSATION AND HAZARDOUS DUTY INJURY PAY

Wis. Admin. Code § ER 28.01 Statutory authority {#sec-er-28.01 omnilex-key=us-wi-regs-official--agency-er--ER 28.01}

Subject to the provisions of ch. 102, Stats., an employee suffering an injury while performing service growing out of and incidental to his or her employment, is entitled to worker’s compensation. Certain employees injured while performing hazardous duties and who are unable to work may continue to receive their full pay, as provided under s. 230.36, Stats., while unable to work as a result of the injury or until termination of their employment.

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; renum. from ER-Pers 28.01, Register, May, 1988, No. 389, eff. 6-1-88.

Wis. Admin. Code § ER 28.015 Definition of employee {#sec-er-28.015 omnilex-key=us-wi-regs-official--agency-er--ER 28.015}

For purposes of hazardous duty injury pay under s. 230.36, Stats., “employee” has the meaning set forth in s. ER 1.02 (10), but excludes any limited term employee under s. 230.26, 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.

Wis. Admin. Code § ER 28.02 Effect of worker’s compensation {#sec-er-28.02 omnilex-key=us-wi-regs-official--agency-er--ER 28.02}

(1) During the period an employee is absent from work due to injury from state employment and is awaiting a determination under ch. 102, Stats., the employee personally or through his or her representative may elect to:

(a) Use accrued paid leave credits, e.g., sick leave, vacation, holiday, compensatory time, to cover the absence from work and consequent loss of earnings, or

(b) Request leave without pay and await payment of worker’s compensation.

(2) The employee shall give written notification to the employing agency of the elected manner of coverage for such absence before the end of the pay period in which the absence occurs. If the employee fails to specify how the absence should be covered, the absence shall be charged against the available leave options as determined by the agency, which may be later amended upon the employee’s request.

(3) In instances where accrued leave with pay credits have been used to cover an absence which is later found compensable, the appointing authority shall, if requested by the employee, provide leave without pay on a day for day basis, with such leave to be taken in accordance with s. ER 18.14 (2) (a).

(4) If the employee elects to await worker’s compensation and the claim is later found non-compensable, accrued leave with pay credits may be used for the absence.

(5) An employee may elect to use accrued paid leave credits to supplement worker’s compensation benefits under ch. 102, Stats., to the extent that the employee shall receive the equivalent of the employee’s base pay as defined under s. ER 1.02 (5). Notice of such election by the employee shall be reported in the same manner provided for in sub. (2).

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. (1) (b), (4) and (5), Register, December, 1976, No. 252, eff. 1-1-77; am. (1) (intro.) and (a), (2), (3) and (5), Register, February, 1981, No. 302, eff. 3-1-81; renum. from ER-Pers 28.02 and am. (2) and (5); correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466.

Wis. Admin. Code § ER 28.03 Concurrent benefits {#sec-er-28.03 omnilex-key=us-wi-regs-official--agency-er--ER 28.03}

An employee may be entitled to concurrent benefits, i.e. worker’s compensation for medical treatment expenses and benefits for time lost from work provided under s. 230.36, Stats., in which case the appropriate provisions of this chapter apply. Under no circumstances shall an employee receive more than his or her basic rate of pay for the job in which the employee was performing at the time of injury, exclusive of reimbursable medical expenses.

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; renum. from ER-Pers 28.03 and am. Register, May, 1988, No. 389, eff. 6-1-88.

Wis. Admin. Code § ER 28.04 Injury while on hazardous duty {#sec-er-28.04 omnilex-key=us-wi-regs-official--agency-er--ER 28.04}

(1) Application for benefits under s. 230.36, Stats., shall be made by the employee or the employee’s representative to the appointing authority within 14 calendar days from the day of injury, on forms prescribed by the administrator. In extenuating circumstances, at the discretion of the administrator, the time limit for application for benefits may be waived. When medical verification is required for final approval of the claim, failure by a physician to provide verification within the 14 days shall not be the basis for denial. The application shall contain sufficient and factual information to indicate the nature and extent of the injury or illness, the circumstances surrounding its occurrence and the qualifying duties on which the application is based.

(2) Within 14 days after receipt of the claim the appointing authority shall notify the employee of the decision to authorize or deny the claim and file a copy of the notice of action with the administrator.

(3) Upon approval of the employee’s claim, the employee shall be paid from the date of inability to work until: a physician certifies the employee is able to return to work; the employee’s status is changed due to worker’s compensation, disability, retirement, or new work assignments; the employee is terminated; or other appropriate status change occurs. Periodic reports on the status of the employee’s disability and anticipated date of return to work shall be required by the appointing authority.

(4) An employee on leave with pay under this section shall be entitled to applicable pay adjustments applied to the pay schedule and range the employee’s class is assigned to, consideration for within range pay progression if eligible and personal holidays. However, personal holidays shall lapse if the employee does not return to full work status by the end of the calendar year.

(5) Employees on approved leave with pay under this section shall earn annual leave and sick leave credits for the duration of such leave. Employees shall be denied legal holiday credits for holidays which occur during the period of absence from work while on an approved leave with pay under this section. Annual leave credits earned prior to the date of injury may be carried over pursuant to s. ER 18.02 (6).

(6) An employee may elect to use accrued paid leave credits to supplement payments under s. 230.36, Stats., to the extent that the employee shall receive the equivalent of the employee’s base pay as defined under s. ER 1.02 (5). Notice of such election by the employee shall be reported as provided in sub. (2).

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. (4), Register, September, 1975, No. 237, eff. 10-1-75; am. (4), Register, December, 1976, No. 252, eff. 1-1-77; am. (1) to (4) and r. and recr. (5), Register, February, 1981, No. 302, eff. 3-1-81; renum. from ER-Pers 28.04 and am. (1) to (3) and (5), cr. (6), Register, May, 1988, No. 389, eff. 6-1-88; correction in (1), (2) under s. 13.92 (4) (b) 6., Stats., correction in (6) under s. 13.92 (4) (b) 7., Stats.,Register September 2015 No. 717.

Wis. Admin. Code § ER 28.05 Medical examinations {#sec-er-28.05 omnilex-key=us-wi-regs-official--agency-er--ER 28.05}

(1) Employees on leave with pay shall submit to such physical or medical examinations as may be required by the appointing authority to determine the extent of or continuation of disability and inability to work. Such examinations shall be at the expense of the agency and performed by physicians selected by the agency. A complete report indicating the nature and extent of disability and prognosis for a reasonable return to duty and date of such return shall be submitted to the agency.

(2) Refusal by the employee to submit to examinations ordered by the appointing authority or medical treatment ordered by the examining physician shall constitute grounds for disciplinary action.

(3) Based upon the information provided by the medical reports the appointing authority shall determine the extent to which leave with pay shall be granted or take action to terminate employment.

(4) Upon return to full work status, an employee’s benefits under this section shall cease, providing the employee’s attending physician has released the employee from further medical treatment. In the event that the employee is able to return to full work status but further medical treatment is required for the sustained injury, benefits shall continue to be granted to cover the treatment time providing the attending physician has made a prior determination that such treatment is necessary for full recovery.

(5) When an employee suffers further aggravation of an injury for which benefits have ended, the employee may, upon recommendation of the attending physician, have such benefit resume for the period of treatment recommended, provided such aggravation meets the qualifying provisions of s. 230.36, Stats.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. (1), (4) and (5), Register, February, 1981, No. 302, eff. 3-1-81; renum. from ER-Pers 28.05, Register, May, 1988, No. 389, eff. 6-1-88.

Wis. Admin. Code § ER 28.06 Appeal rights {#sec-er-28.06 omnilex-key=us-wi-regs-official--agency-er--ER 28.06}

If an employee’s claim for leave with pay due to hazardous duty injury is denied by the appointing authority, the employee may appeal the action to the commission by filing a written request within 30 calendar days after being notified of such decision or within 30 calendar days from the effective date of the decision, whichever is later. Failure to file the appeal within the specified time limit shall bar the employee from any future claims to s. 230.36, Stats., benefits related to the particular injury incurred.

History

Cr. Register, October, 1972, No. 202, eff. 11-1-72; am., Register, February, 1981, No. 302, eff. 3-1-81; renum. from ER-Pers 28.06, Register, May, 1988, No. 389, eff. 6-1-88.

Wis. Admin. Code § ER 28.07 Subrogation rights {#sec-er-28.07 omnilex-key=us-wi-regs-official--agency-er--ER 28.07}

See s. 230.36 (5), Stats.

History

Cr. Register, December, 1976, No. 252, eff. 1-1-77; am., Register, February, 1981, No. 302, eff. 3-1-81; renum. from ER-Pers 28.07, Register, May, 1988, No. 389, eff. 6-1-88.

Chapter ER 29 COMPENSATION ADMINISTRATION PROVISIONS

Wis. Admin. Code § ER 29.01 Definitions {#sec-er-29.01 omnilex-key=us-wi-regs-official--agency-er--ER 29.01}

(1) “Cumulative pay adjustment” means an adjustment in base pay.

(2) “Present rate of pay” means the base pay rate currently authorized for the position which determines the type of personnel transaction which will occur, except as modified by s. ER 29.03 (4) (a) regarding pay on promotion.

(3) “Red circled pay rate” means a base pay rate received by an employee which is above the pay range maximum for the classification of the employee’s position.

History

Cr. (1) and (3), (2) renum. from ER-Pers 29.01 (2), Register, May, 1988, No. 389, eff. 6-1-88.

Wis. Admin. Code § ER 29.02 Purpose {#sec-er-29.02 omnilex-key=us-wi-regs-official--agency-er--ER 29.02}

Except for s. ER 29.05, compensation administration provisions for nonrepresented employees are provided in the compensation plan. The main purpose of this chapter is to provide compensation administration provisions for collective bargaining agreements that reference this chapter.

History

CR 04-139: cr. Register June 2005 No. 594, eff. 7-1-05.

Wis. Admin. Code § ER 29.025 Red circled pay rates {#sec-er-29.025 omnilex-key=us-wi-regs-official--agency-er--ER 29.025}

Personnel transactions which may result in a red circled pay rate, are specified in s. ER 29.03.

(2) Except as provided in sub. (3), employees whose pay has been red circled as a result of a personnel transaction or other circumstance shall continue to receive their present rate of pay until the pay range maximum for the class exceeds their present red circled pay rate. Such employees shall not be eligible to receive any cumulative pay adjustments, except as authorized in the compensation plan or the appropriate collective bargaining agreement.

(3) Nonrepresented employees whose pay has been red circled as a result of layoff, and whose restoration rights have been forfeited as a result of a failure to accept a reasonable offer of appointment or reappointment pursuant to ch. ER-MRS 22, shall have their base pay reduced to the maximum of their current pay range.

History

Cr. (3), (1) and (2) renum. from ER-Pers 29.025 (3) and (4) and am. Register, May, 1988, No. 389, eff. 6-1-88; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; corrections in (intro.) made under ss. 35.17 and 13.92 (4) (b) 7., Stats., Register June 2023 No. 810.

Wis. Admin. Code § ER 29.03 Transaction pay adjustments {#sec-er-29.03 omnilex-key=us-wi-regs-official--agency-er--ER 29.03}

(1) General. Pay shall be determined in accordance with subs. (1) to (9), except that the appointing authority may determine pay for transactions in subs. (4) to (6) using hiring above the minimum in accordance with the rules of the compensation plan or applicable collective bargaining agreement. Upon the completion of any personnel transaction, employees shall receive a base pay rate not less than:

(a) The PSICM rate for the class if the employee is not serving a probationary period.

(b) The minimum rate for the class if the employee is serving a probationary period.

(2) Pay on completion of the first 6 months of probation.

(a) In schedules where appropriate, subject to the maximum of the pay range, a probationary increase of either one within range pay step or the amount required to bring the employee’s base pay to PSICM, whichever is greater, shall be granted to an employee effective the beginning of the pay period closest to the completion date of the first 6 months of an original or promotional probationary period served in a non-trainee status. Thereafter, the employee shall be guaranteed PSICM while serving in the position. If an employee transfers while serving an original or promotional appointment probationary period, the probationary increase shall be granted only upon completion of the first 6 months of the new original appointment or promotional probationary period, which may include carry-over time under s. ER-MRS 15.07.

(b) When an employee is required to serve a permissive probationary period, completion of such probationary period shall not make the employee eligible to receive a pay increase as provided in par. (a). However, upon completion of any such probationary period, an employee shall receive a base pay rate not less than the PSICM.

(3) Pay on regrade.

(a) Pay adjustments resulting from regrade. Pay adjustments resulting from regrading an employee shall be effective in accordance with the policies established by the administrator.

(b) Reallocation to a higher class. The pay of regraded employees whose positions are reallocated to a higher class shall be determined as follows:

Regraded employees, except trainees, who do not have reinstatement eligibility or restoration rights to a class higher than the current class shall receive a base pay rate equal to the greater of the following amounts:

a. The PSICM of the new class if the employee is not serving the first 6 months of a probationary period or project appointment in the position.

b. The minimum of the new class if the employee is serving the first 6 months of a probationary period in the position or the first 6 months of a project appointment.

c. The present rate of pay.

Regraded employees, except trainees, who have reinstatement eligibility or restoration rights to a higher class than the class from which regraded shall receive the pay rate calculated as if they had been reinstated or restored to the class from which reinstatement eligibility or restoration rights are derived or the amount provided under subd. 1. a., b. or c.; whichever is greater.
If a trainee, a regraded employee shall retain the same pay relationship within the training program, based upon qualifications and the specific segments of the training program that have been waived or completed.

(c) Reclassification to a higher class. The pay of regraded employees whose positions are reclassified to a higher class shall be determined as follows:

Regraded employees who do not have reinstatement eligibility or restoration rights to a class higher than the class from which regraded shall, in schedules where appropriate, receive a base pay increase to the PSICM of the new class or a one within range pay step increase, whichever is greater, subject to the pay range maximum.
Regraded employees who have reinstatement eligibility or restoration rights to the class to which regraded shall receive a pay rate equal to the amount determined under par. (b) 2.
Regraded employees who have reinstatement eligibility or restoration rights to a class level lower than the class to which they were regraded but higher than the class from which regraded shall receive an amount in accordance with par. (b) 2. or one within range pay step, whichever is greater.

(d) Reallocation or reclassification - same or counterpart pay range. Regraded employees whose positions are reallocated or reclassified to a class assigned to the same or counterpart pay range shall receive no pay increase if the employee’s present pay rate is at or above the PSICM of the new class. When trainee classes are affected, the trainee shall retain the same pay relationship within the training program, based upon qualifications and the specific segments of the training program that have been waived or completed.

(e) Reallocation or reclassification to a lower class. The pay of regraded employees whose positions are reclassified or reallocated to a lower class shall be determined as follows:

Regraded employees serving a probationary period for an original appointment shall continue to be compensated at their present rate of pay as long as it does not exceed the pay range maximum for the new class. If the present rate of pay exceeds the pay range maximum, it shall be reduced to the pay range maximum. If the employee has previously attained permanent status in class but is serving a probationary period as a result of a promotion or transfer within the agency, the appointing authority, under s. 230.28 (1) (d), Stats., shall restore the employee to his or her former position or a similar position assigned to a class in the same or counterpart pay range if the incumbent requests such action in lieu of continuing in the reallocated position. In such action, the employee’s base pay rate shall be determined in accordance with s. ER 29.03 (7) (b).
Regraded employees who have permanent status in the new class shall continue to be compensated at their present rate of pay. If the present rate of pay exceeds the pay range maximum, it shall be red circled and continued under the provisions of s. ER 29.025.

(4) Pay on promotion.

(a) Definitions. In this subsection:

“Present rate of pay” means any of the following:

a. For the promotion of an employee serving a probationary period who also attained permanent status in class within the past 3 years, the base pay rate calculated as if the employee were restored to a position in the class in which the employee had permanent status in class. If the employee held permanent status in more than one position within the past 3 years, the base pay rate on restoration must be calculated for each position in which the employee held permanent status and the “present rate of pay” would be the greater of these base pay rates.

b. For the promotion of an employee or former employee in layoff status, the base pay rate calculated as if the person were restored to a position from which the employee or former employee was laid off, except as provided in subd. 1. c. and d.

c. For the promotion of a current employee in layoff status who is serving a probationary period, the rate of pay under subd. 1. a. or b., whichever is greater.

d. For the promotion of a current employee in layoff status who is not serving a probationary period, the current base pay rate received or the rate of pay under subd. 1. b., whichever is greater.

e. For the promotion of an employee on approved leave of absence, the base pay rate calculated as if the employee were restored to a position in the highest class in which permanent status in class was held at the time the employee began the leave of absence.

f. For the promotion of an employee where subd. 1. a. to e. do not apply, the employee’s present rate of pay as defined under s. ER 29.01 (2).

“Range” means the new pay range.

(b) Calculating pay on promotion.

In pay schedules where appropriate, on promotion an employee’s present rate of pay shall be increased by 3 within range pay steps, or to the minimum of the range, whichever is greater.
Promotional increases are subject to the maximum of the range. However, employees whose pay is red circled and exceeds the new pay range maximum shall retain their red circled rate.

(5) Pay on transfer.

(a) In schedules where appropriate, when an employee transfers, the base rate paid may be any rate within the pay range which is not greater than the last base pay rate received in the employee’s former position with the following exceptions:

Employees who are not serving a probationary period shall receive a base pay rate not less than PSICM for the class.
Employees who are involuntarily transferred for reasons other than disciplinary reasons shall retain their present rate of pay. If the present rate of pay exceeds the new pay range maximum, it shall be red circled and continued under the provisions of s. ER 29.025.

(b) Employees whose pay has been red circled and who voluntarily transfer to a different position shall lose their red circled rate.

(6) Pay on reinstatement.

(am) When an employee who has not held permanent status in class within the last 5 years is reinstated, pay on reinstatement shall be determined in accordance with the appropriate provisions regarding pay on original appointment contained in the compensation plan adopted under s. 230.12, Stats., or a collective bargaining agreement under subch. V of ch. 111, Stats.

(b) For the purposes of par. (c) “last rate received” means the highest base pay rate received in any position from which reinstatement eligibility is derived and in which the employee held permanent status in class, within the last 5 years.

(c)

Except as provided in subds. 2., 3. and 4., when an employee is reinstated, the base pay may be at any rate which is not greater than the last rate received plus intervening compensation plan adjustments pursuant to s. 230.12, Stats., or contractual adjustments pursuant to s. 111.92, Stats. When such adjustments are discretionary the amount shall be limited to the amount which would have been generated by the employee. The adjustments applied to the employee’s last rate received shall be that of the appropriate pay schedule and class from which reinstatement eligibility is derived subject to the following:

a. Employees placed on probation when reinstated shall be paid not less than the minimum of the pay range to which the class is assigned.

b. Employees not placed on probation when reinstated shall be paid not less than the PSICM of the pay range to which the class is assigned.

c. Employees shall not be paid more than the maximum of the pay range to which the class is assigned.

When an employee is reinstated following layoff the base pay shall be calculated in accordance with subd. 1. However, if the employee is reinstated to the highest level vacancy available for which the employee is qualified within the agency from which layoff occurred, and if the last rate received in the position from which layoff occurred exceeds the maximum of the new range, the employee may be paid any base pay rate which does not exceed that last rate received, subject to subd. 1. (intro.), a. and b.
The administrator may waive the limit on intervening discretionary compensation plan adjustments provided in subd. 1. intro. upon reinstatement of an employee following employment in the unclassified service if the work in the unclassified service was closely related to and at a higher level than the work of the position to which reinstated. Upon approval by the administrator, intervening discretionary compensation plan adjustments shall not be limited by the amount which should have been generated but shall be subject to the limits specified in the compensation plan and s. 230.12, Stats.
When the position to which an employee is reinstated is in a higher class than the highest position currently occupied and the employee’s pay rate is red circled in the highest position currently held, the base pay shall be calculated in accordance with subd. 1. However, if the employee’s red circled pay rate exceeds the maximum of the new pay range, the employee may be paid any base pay rate which does not exceed the red circled pay rate, subject to subd. 1. a. and b.

(7) Pay on restoration.

(a) For the purposes of this subsection,“last rate received” means the last base pay rate received in the position from which restoration rights are derived.

(b) When an employee is restored following military service, pursuant to s. 230.32, Stats., following approved leave of absence without pay under s. ER 18.14, or following noncompletion of a promotional probationary period within an agency under s. ER-MRS 14.03 (1), the employee shall receive a base rate equal to the last rate received plus intervening adjustments identified under s. ER 29.04 (13) or (14). When such adjustments are discretionary, the amount shall be limited to the amount which would have been generated by the employee. The adjustments applied to the employee’s last rate received shall be that of the appropriate pay schedule for the class from which restoration rights are derived.

(c) When an employee is restored following a layoff pursuant to s. 230.34 (2), Stats., to the highest level vacancy for which he or she is qualified within the employing unit or agency from which the employee was laid off, the pay on restoration shall be calculated in accordance with par. (b).

(d) When an employee is restored following a layoff pursuant to s. 230.34 (2), Stats., to a vacancy at a lower level than the highest level vacancy for which the employee is qualified in the employing unit, the employee’s rate of pay shall be calculated in accordance with par. (b), subject to the maximum of the pay range to which the class is assigned.

(e) If the employee’s base pay on restoration pursuant to par. (b) or (c) exceeds the new pay range maximum, it shall be red circled under the provisions of s. ER 29.025.

(f) When an employee is restored in accordance with an order of the Wisconsin Employment Relations Commission or a court action, the employee’s rate of pay shall be as ordered by the commission or court.

(8) Pay on demotion.

(a) An employee demoted for disciplinary purposes may receive any base pay rate within the new pay range as defined under s. ER 1.02 (23) which is not greater than the last rate received and not less than PSICM.

(b) An employee who voluntarily demotes may receive any base pay rate within the new pay range which is not greater than the last rate received, except employees who are not serving a probationary period shall receive a base pay rate not less than PSICM.

(bm) Notwithstanding par. (b), an employee who voluntarily demotes within the agency after the employee has been notified in writing by the appointing authority that layoffs may occur in the agency and the employee’s position may be affected by the impending layoffs, may be allowed to retain his or her present rate of pay if the demotion is to a position no more than three pay ranges or counterpart pay ranges lower than the pay range of the position from which the employee is demoting. If the present rate of pay is above the maximum for the new class, it may be red circled, subject to s. ER 29.025.

(c) An employee who exercises a mandatory right of demotion as a result of layoff to the highest level vacancy available for which the employee is qualified within the agency from which the layoff occurred, and an employee who exercises displacement rights and demotes pursuant to s. ER-MRS 22.08 (3) shall retain his or her present rate of pay. If the present rate of pay is above the maximum for the new class, it shall be red circled, subject to s. ER 29.025.

(d) An employee’s pay rate shall be established pursuant to par. (b) if he or she chooses to demote:

Within the agency as a result of layoff to a vacancy other than the highest level vacancy available for which the employee is qualified within the agency;
Between agencies as a result of layoff.

(e) An employee who demotes within the agency as a result of layoff when the demotion is a permissive appointment to the highest level vacancy available for which the employee is qualified within the agency from which layoff occurred shall have his or her pay on demotion established pursuant to par. (b). However, if the present rate of pay is above the maximum for the new class the employee may be paid any base pay rate which does not exceed the last base pay rate received in the position from which layoff occurred.

(9) Pay on accretion. Under s. 230.15 (1), Stats., when the state becomes responsible for a function previously administered by another governmental agency or a quasi-public or private enterprise or when positions in the unclassified service, excluding employees of the legislature, are determined to be more appropriately included in the classified service, the administrator shall determine the appropriate pay subject to the following:

(a) Employees placed on probation shall be paid not less than the minimum of the pay range to which the class is assigned.

(b) Employees not placed on probation shall be paid not less than the PSICM of the pay range to which the class is assigned.

History

Cr. (2m), (3) (b) (intro.), 1. intro. and c., 2., (c) (intro.), 2. and 3., (4) (a), (6) (a), (c) 1. c. and 2. to 4., (7) (a) and (c) to (e), (8) (c) to (e) and (9); (1), (2), (3) (a) to (e), (4) (b), (5), (6) (b), (6) (c) 1. intro., a. and b., (7) (b) and (f), (8) (a) to (c) renum. from ER-Pers 29.03 (3), Register, May, 1988, No. 389, eff. 6-1-88; correction in (2) (a), (4) (a) 1., f., (7) (b) and (8) (c) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; emerg. cr. (8) (bm), eff. 3-18-96; cr. (8) (bm), Register, July, 1996, No. 487, eff. 8-1-96; am. (6) and cr. (6) (am), Register, December, 1999, No. 528, eff. 1-1-00; CR 04-139: r. (2m) and (6) (a); am. (6) (am) and (b) Register June 2005 No. 594, eff. 7-1-05; correction in (3) (a), (6) (c) 3., (9) (intro.) under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER 29.04 Multiple pay adjustments on same date, order of application {#sec-er-29.04 omnilex-key=us-wi-regs-official--agency-er--ER 29.04}

Multiple pay adjustments that are effective on the same date will be applied in the following order:

(1) Completion of the first 6 months of a probationary period, career executive trial period, or project appointment.

(2) Regrading an employee as a result of a reallocation decision.

(3) Regrading an employee as a result of a reclassification decision.

(4) Assignment of an attorney to a regrade point.

(5) Promotion.

(6) Career executive voluntary movement to a higher class.

(7) Demotion.

(8) Career executive reassignment or voluntary movement to a lower class.

(9) Transfer.

(10) Career executive reassignment or voluntary movement to a class assigned to the same pay range.

(11) Reinstatement.

(12) Restoration.

(13) Compensation plan or contractual adjustments pursuant to s. 230.12 (3) or 111.92, Stats., respectively, including but not limited to within range pay adjustments other than those made under subs. (1) through (12) and (15).

(14) Compensation plan schedule adjustments under s. 230.12, Stats. New minimums, PSICMs and regrade point minimums of the pay schedules go into effect after adjustments listed in subs. (1) through (13) are made.

(15) Establishment of a raised minimum rate.

(16) Original appointment.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81; r. and recr. (1) to (3), renum. (4) to (7) to be (5), (13), (14) and (16) and am. (5) and (16), cr. (4), (6) to (12), (15) and (17), Register, February, 1983, No. 326, eff. 3-1-83; renum. from ER-Pers 29.04 and am. (1), (6), (13) and (14), r. (16), renum. (17) to be (16), Register, May, 1988, No. 389, eff. 6-1-88; cr. (intro.), Register, December, 1999, No. 528, eff. 1-1-00; CR 01-140: am. (10) Register April 2002 No. 556 eff. 5-1-02.

Wis. Admin. Code § ER 29.05 Retroactive salary increase or decrease {#sec-er-29.05 omnilex-key=us-wi-regs-official--agency-er--ER 29.05}

Except for action in accordance with ss. 230.43 (4), 230.44 (4) (c) and 230.45, Stats., or to correct an error, no pay increases or decreases shall be retroactive.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81; renum. from ER-Pers 29.05, Register, May, 1988, No. 389, eff. 6-1-88.

Chapter ER 30 CAREER EXECUTIVE EMPLOYMENT

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

All permanent positions in classifications assigned to pay range 81-01 or 81-02 shall be designated as career executive positions and shall be governed by the provisions of the career executive program.

Note: Designation of a classification as a career executive classification by the administrator is authorized under s. 230.24 (1), Stats.

History

CR 01-140: cr. Register April 2002 No. 556, eff. 5-1-02.

Wis. Admin. Code § ER 30.02 Included positions {#sec-er-30.02 omnilex-key=us-wi-regs-official--agency-er--ER 30.02}

The administrator may include a permanent position in any classification, other than one designated as a career executive classification, in the career executive program after consulting with the appointing authority for the position, and after an analysis to determine if the position satisfies all of the following career executive program requirements:

(1) The position meets the definition of management under s. 111.81 (13), Stats.

(2) The position is predominately administrative in nature.

(3) The position is assigned to a classification that is assigned to a nonrepresented pay range that the administrator has determined to be comparable to pay ranges 81-01 or 81-02.

History

Cr. Register, March, 1974, No. 219, eff. 4-1-74; am., Register, February, 1981, No. 302, eff. 3-1-81; renum. from ER-Pers 30.02 and am. (1), r. (2), Register, May, 1988, No. 389, eff. 6-1-88; CR 01-140: r. and recr. Register April 2002 No. 556, eff. 5-1-02; correction in (intro.), (3) under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER 30.03 Eligible employees {#sec-er-30.03 omnilex-key=us-wi-regs-official--agency-er--ER 30.03}

Career executive status is limited to permanent classified appointments.

History

CR 01-140: cr. Register April 2002 No. 556, eff. 5-1-02.

Wis. Admin. Code § ER 30.085 Career executive temporary assignment {#sec-er-30.085 omnilex-key=us-wi-regs-official--agency-er--ER 30.085}

A career executive employee may be assigned to a position for employee development purposes or to complete a special project for a duration not to exceed 4 years. The employee’s classification and pay status shall not be affected.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81; am. Register, February, 1983, No. 326, eff. 3-1-83; renum. from ER-Pers 30.085 and am. Register, May, 1988, No. 389, eff. 6-1-88; CR 01-140: am. Register April 2002 No. 556, eff. 5-1-02.

Wis. Admin. Code § ER 30.09 Pay adjustments resulting from career executive reassignment or voluntary movement {#sec-er-30.09 omnilex-key=us-wi-regs-official--agency-er--ER 30.09}

Upon reassignment as defined under s. ER-MRS 30.07 (1) or voluntary movement to a position allocated to a classification assigned to the same, to a higher, or to a lower pay range, the career executive employee’s pay shall be determined in accordance with the provisions of the compensation plan.

History

Cr. Register, March, 1974, No. 219, eff. 4-1-74; am. (1) to (3), r. (4), renum. (5) to be (4) and am., Register, February, 1981, No. 302, eff. 3-1-81; am. (3) and (4), Register, February, 1983, No. 326, eff. 3-1-83; renum. from ER-Pers 30.09 and am. (intro.), (2) to (4), Register, May, 1988, No. 389, eff. 6-1-88; correction in (intro.) and (2) (a), made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; CR 01-140: r. and recr. Register April 2002 No. 556, eff. 5-1-02.

Chapter ER 34 PROJECT EMPLOYMENT PROVISIONS

Wis. Admin. Code § ER 34.04 Position classification actions {#sec-er-34.04 omnilex-key=us-wi-regs-official--agency-er--ER 34.04}

Position classification actions for project positions shall be made in accordance with chs. ER 2 and 3.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81; renum from ER-Pers 34.04 and am., Register, May, 1988, No. 389, eff. 6-1-88.

Wis. Admin. Code § ER 34.05 Pay provisions {#sec-er-34.05 omnilex-key=us-wi-regs-official--agency-er--ER 34.05}

The pay provisions of s. ER 29.05, and the state compensation plan for non-represented employees shall apply to project appointees.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81; renum. from ER-Pers 34.05 and am. (intro.), (4), (5) and (7), r. (1) to (3), Register, May, 1988, No. 389, eff. 6-1-88; correction in (8) made under s. 13.93 (2m) (b) 7., Stats., Register April 2002 No. 556; CR 04-139: am. (intro.), r. (4) to (8) Register June 2005 No. 594, eff. 7-1-05.

Wis. Admin. Code § ER 34.06 Benefit provisions {#sec-er-34.06 omnilex-key=us-wi-regs-official--agency-er--ER 34.06}

(1) Absences.

(a) Annual leave and sick leave shall be earned and used in the same manner as authorized for permanent nonrepresented employees consistent with ss. ER 18.02, 18.03, 18.04 and 18.05.

Note: For eligibility for annual military leave under s. 230.35 (3), Stats., see s. ER 18.08.

(c) Time off for jury service and to vote shall be granted in the same manner as authorized for permanent non-represented employees.

Note: Also see s. ER 18.11 for provisions on voting time.

(d) Holiday time off will be granted in accordance with the provisions for permanent non-represented employees.

(2) Insurance.

(a) Group health, life and income continuation insurance coverage and eligibility shall be governed by the rules of the department of employee trust funds. The employer’s contribution for this coverage will be the same as for permanent non-represented employees.

(b) Coverage and eligibility for worker’s compensation, unemployment compensation and hazardous employment will be the same as for permanent non-represented employees.

(3) Retirement. Retirement program eligibility and coverage will be governed by the rules of the department of employee trust funds. The employee’s contribution for this coverage will be the same as for permanent non-represented employees.

(4) Continuous service. Continuous service credit shall be earned for the duration of employment on the project.

Note: Also see s. ER 18.05 (3) (a) for provisions on continuous service.

(5) Carryover of benefits.

(a) See s. ER 18.05 (3) for transfer of credits by a project employee who has previously been a permanent classified or unclassified employee.

(b) See s. ER 18.05 (4) for transfer of credit by a project employee who was not previously a permanent classified or unclassified employee.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81; renum. from ER-Pers 34.06 and am. (1), r. and recr. (5), Register, May, 1988, No. 389, eff. 6-1-88; correction in (1) (a) and (5) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466.

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

Employees serving a project appointment shall:

(1) Have the same appeal and grievance rights as permanent non-represented employees except that termination of the project appointment may not be appealed.

(2) Be eligible for regrade as a result of the reallocation or reclassification of the project position.

History

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

Chapter ER 42 ALTERNATIVE WORK PATTERNS

Wis. Admin. Code § ER 42.01 Policy {#sec-er-42.01 omnilex-key=us-wi-regs-official--agency-er--ER 42.01}

Recognizing the need to maximize the employment options available to existing and potential state employees and to maintain or increase agency efficiency and service to the public, it is the policy of the state to provide alternative work patterns in a manner consistent with the needs of state service.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84.

Wis. Admin. Code § ER 42.02 Definitions {#sec-er-42.02 omnilex-key=us-wi-regs-official--agency-er--ER 42.02}

In this chapter:

(1) “Alternative work patterns” means work schedules which differ from the standard work schedule for full-time permanent or project employment, including but not limited to: part-time, shared time and flexible-time schedules which may result from position restructuring, the creation of additional part-time positions, or other work schedule changes.

(2) “Flexible-time schedule” means a work schedule which includes designated hours during which the employee may, with the approval of the supervisor and under work unit plans approved by the appointing authority, elect an alternative time of arrival for and departure from work. It may also include required days or hours during which an employee subject to the work schedule must be present for work.

(3) “Full-time employment” means permanent or project employment that requires the services of an employee for a minimum of 2088 hours on an annual basis.

(4) “Part-time employment” means permanent or project employment that requires the services of an employee for more than 600 hours, but less than 2088 hours on an annual basis.

(5) “Position restructuring” means regrouping the duties and responsibilities of a position to allow for part-time employment, shared time, or flexible-time work schedules.

(7) “Shared time” means coordinated permanent or project part-time employment involving 2 or more persons sharing the same duties and responsibilities of a budgeted position.

(8) “Standard work schedule” means the typical designation and duration of work hours for a given position in an employing unit.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84; renum. (3) to (5) to be (5), (7) and (8) cr. (3) and (4), Register, May, 1988, No. 389, eff. 6-1-88.

Wis. Admin. Code § ER 42.03 Alternative work patterns plan {#sec-er-42.03 omnilex-key=us-wi-regs-official--agency-er--ER 42.03}

In accordance with the timetables and file with the administrator a biennial alternative work patterns plan that:

(1) Applies to all classified employees except an employee covered by a collective bargaining agreement under subch. V of ch. 111, Stats.;

(2) Provides policies and procedures to implement this state’s alternative work patterns policies under s. ER 42.01 and s. 230.215, Stats.; and

(3) Includes the minimum plan components described in s. ER 42.04.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84; am. (1), Register, May, 1988, No. 389, eff. 6-1-88; correction in (intro.) under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER 42.04 Plan components {#sec-er-42.04 omnilex-key=us-wi-regs-official--agency-er--ER 42.04}

Each agency plan under s. ER 42.03 shall include the following components:

(1) A policy statement which affirms the commitment of the appointing authority to ensure that written requests of employees for alternative work patterns shall be approved in accordance with the agency approved plan, state policy under s. ER 42.01 and s. 230.215, Stats., and standards established by the administrator.

(2) An analysis of employee interest in alternative work patterns, including the extent to which the agency has been able to accommodate written requests for alternative work patterns.

(3) Identification of state and agency policies and practices which impede development or implementation of alternative work patterns policies or procedures.

(4) An update of policies initiated or actions taken which have affected positions identified for alternative work patterns, including the restructuring of positions and the rationale for that action.

(5) An evaluation of the agency’s performance in implementing the provisions and achievement of the goals of the previous plan.

(6) Appointment of an alternative work patterns coordinator within the agency personnel office.

(7) Description of programs to inform all employees of the agency’s alternative work patterns policy statements and plan.

(8) Identification of a system for regularly monitoring the effectiveness and progress of the program in meeting the plan objectives, including identification of mechanisms for updating and modification of the program.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84; correction in (1) under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER 42.05 Review of plans {#sec-er-42.05 omnilex-key=us-wi-regs-official--agency-er--ER 42.05}

The administrator shall review all agency alternative work patterns plans, as follows:

(1) Approval of plans that meet standards established by the administrator and notification of the appointing authority of such approval.

(2) Provision of written recommendations and rationale to the respective agency for any plan which does not meet the established standards.

(3) Provision of technical assistance to assist the agency in achieving compliance with the standards.

(4) Opportunity for the respective agency to review the administrator’s findings and respond in writing.

(5) Review and consideration of an agency’s response to the initial findings, resulting in a declaration of findings that the agency is either in compliance or noncompliance under ss. ER 42.03 and 42.04.

(6) Recommendation of procedures designed to enable the agency to achieve compliance with the standards.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84; correction in (intro.), (1), (4) under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER 42.06 Monitoring and evaluation {#sec-er-42.06 omnilex-key=us-wi-regs-official--agency-er--ER 42.06}

On an ongoing basis, the administrator shall monitor and evaluate each agency’s progress toward alternative work patterns goals and objectives in implementing the policy of the state and shall make specific recommendations regarding methods through which the respective agencies may improve their efforts.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84; correction under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER 42.07 Request for information {#sec-er-42.07 omnilex-key=us-wi-regs-official--agency-er--ER 42.07}

Upon request of the administrator, the appointing authority shall provide information concerning employees involved in their alternative work patterns program. Confidentiality of information shall be maintained by the administrator under state or federal law.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84; correction under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Chapter ER 43 AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY

Wis. Admin. Code § ER 43.01 Policy {#sec-er-43.01 omnilex-key=us-wi-regs-official--agency-er--ER 43.01}

It is the policy of this state to ensure equal opportunity without regard to age, race, creed or religion, color, disability, sex, marital status, national origin or ancestry, political affiliation, arrest or conviction record, or sexual orientation. In furtherance of this policy, all persons responsible for employment decisions shall, within the scope of their assigned responsibilities:

(1) Exercise administrative authority and personal leadership to prohibit, prevent and eradicate every form of discrimination from the agency’s policies, practices and working conditions.

(2) Take affirmative action as defined in s. 230.03 (2), Stats. For purposes of this subsection, elected state officials are not considered a similar functional group in the unclassified service.

(3) Integrate equal opportunity and affirmative action concerns into the agency personnel management system under their control.

(4) Develop and implement innovative personnel management procedures to aid in the achievement of affirmative action goals.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84; am. (1) (3) and (4), r. and recr. (2), Register, May, 1988, No. 389, eff. 6-1-88; CR 18-006: am. (intro.) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER 43.02 Definitions {#sec-er-43.02 omnilex-key=us-wi-regs-official--agency-er--ER 43.02}

In this chapter:

(2) “Affirmative action group” means one or more of the following:

(a) Racial or ethnic groups.

(b) Gender groups.

(2m) “Affirmative action program” means specific results oriented standards, procedures and initiatives designed to ensure equal employment opportunity and to eliminate present effects of past discrimination.

(4) “Client” means any individual or organization receiving services or financial assistance from an agency.

(4m) “Disability” groups mean one or more of the following:

(a) Individuals with a disability who have any of the following:

A physical or mental impairment which makes achievement unusually difficult or limits the capacity to work.
A record of such an impairment.
Are perceived as having such an impairment.

(b) Individuals with a severe disability who have a chronic disability that meets all of the following conditions:

It is attributable to a mental or physical impairment or combination of mental and physical impairments.
It is likely to continue indefinitely.
It results in substantial functional limitations in one or more of the following areas of major life activity: self-care; receptive and excessive language; learning; mobility; capacity for independent living; and economic self-sufficiency.

(5) “Equal opportunity” means the absence of discrimination in employment or in provision of services to clients.

(6m) “Racial or Ethnic Groups” mean American Indians or Alaskan Natives (Non Hispanic or Latino), Asians (Non Hispanic or Latino), Blacks or African Americans (Non Hispanic or Latino), Hispanics or Latinos, Native Hawaiians or Other Pacific Islanders (Non Hispanic or Latino), and Whites (Non Hispanic or Latino) defined as follows:

(a) “American Indians or Alaskan Natives (Non Hispanic or Latino)” means persons having origins in any of the original peoples of North and South America (including Central America), and who maintain tribal affiliation or community attachment.

(b) “Asians (Non Hispanic or Latino)” means persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam.

(c) “Blacks or African Americans (Non Hispanic or Latino)” means persons having origins in any of the black racial groups of Africa.

(d) “Hispanics or Latinos” means persons of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race.

(e) “Native Hawaiians or Other Pacific Islanders (Non Hispanic or Latino)” means persons having origins in any of the peoples of Hawaii, Guam, Samoa, or other Pacific Islands.

(f) “Whites (Non Hispanic or Latino)” means all persons having origins in any of the original peoples of Europe, North Africa, or Middle East.

(7) “Sexual orientation” means a preference as defined in s. 111.32 (13m), Stats.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84; r. (1), (2) (a) and (5), r. and recr. (2) (intro.), renum. (2) (b) to (e) and (6) to be (6m) (b), (c), (5m), (6m) (d) and (5) and am., cr. (2) (a) to (c), (2m), (6m) (intro.), (a) and (7), Register, May, 1988, No. 389, eff. 6-1-88; CR 18-006: am. (2) (c), r. (3), am. (5m) (intro.), r. and recr. (5m) (a) to (c), am. (6m) (intro.), (a) to (d), cr. (6m) (e), (f) Register July 2018 No. 751, eff. 8-1-18; renum. (5m) to (4m) under s. 13.92 (4) (b) 1., ; correction in (4m) (b) 1. made under s. 35.17, Stats., Register July 2018 No. 751.

Wis. Admin. Code § ER 43.03 Affirmative action plans {#sec-er-43.03 omnilex-key=us-wi-regs-official--agency-er--ER 43.03}

Each agency shall prepare and file with the administrator an affirmative action and equal opportunity plan which shall be developed in accordance with standards and time schedules established by the administrator and include the following minimum components:

(1) A policy statement which affirms the commitment of the appointing authority to ensure equal opportunity, freedom from discrimination, and affirmative action in compliance with state policy and state and federal laws.

(2) An analysis of the agency work force to determine if there are substantial disparities between the proportion of any affirmative action groups in either a classified civil service classification, grouping of classifications or similar functional group in the unclassified service, in the agency work force and the rate of that group’s representation in that part of the state labor force qualified for employment in such classification, progression series or functional group in the relevant labor pool.

(3) Goals and timetables to correct disparities identified in sub. (2).

(4) The establishment of goals and objectives for affirmative action programs designed to achieve equal opportunity, eliminate discrimination and attain the goals and timetables identified in sub. (3).

(5) Description of a system and timetable for regularly monitoring the effectiveness and progress of the agency in meeting the plan objectives.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84; am. (intro.), (1) and (2), r. (3) to (5) and (7), a. (3) and (4), renum. (6) to be (5) and am. Register, May, 1988, No. 389, eff. 6-1-88; correction in (intro.) under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER 43.04 Review of plans {#sec-er-43.04 omnilex-key=us-wi-regs-official--agency-er--ER 43.04}

The administrator shall review all agency affirmative action and equal opportunity plans for compliance with the standards established under s. ER 43.03. In addition the administrator shall:

(1) Provide the governor with a list of approved or disapproved plans and notice that the plans and any comments regarding them are available for review.

(2) Determine compliance with the standards established under s. ER 43.03 of agency plans which were previously developed to comply with federal law.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84; am. (intro.), r. (1) to (6), cr. (1), renum. (7) to be (2) and am. Register, May, 1988, No. 389, eff. 6-1-88; correction in (intro.) under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; 2015 Wis. Act 330 s. 20: am. (2) Register April 2016 No. 724, eff. 5-1-16; CR 18-006: am. (2) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER 43.045 Program, policy and procedures standards {#sec-er-43.045 omnilex-key=us-wi-regs-official--agency-er--ER 43.045}

In addition to the plans described in s. ER 43.03, the administrator may establish standards for agency affirmative action and equal opportunity programs, policies, and procedures designed to comply with state and federal affirmative action and equal employment opportunity laws and policies.

History

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

Wis. Admin. Code § ER 43.05 Monitoring and compliance {#sec-er-43.05 omnilex-key=us-wi-regs-official--agency-er--ER 43.05}

On an ongoing basis, the administrator shall monitor and evaluate each agency’s progress toward affirmative action and equal opportunity goals and objectives in implementing the policy of the state and shall make specific recommendations regarding methods through which the respective agencies may improve their efforts in providing equal opportunity to employees, applicants for employment and clients of the agency. If an agency fails to make reasonable efforts to meet goals and objectives and comply with the standards established under ss. ER 43.03 and 43.045, the administrator may take necessary steps under s. 230.04, Stats., to ensure compliance.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84; am. Register, May, 1988, No. 389, eff. 6-1-88; correction under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER 43.06 Request for information {#sec-er-43.06 omnilex-key=us-wi-regs-official--agency-er--ER 43.06}

Upon request of the administrator, the appointing authority shall provide information concerning applicants, employees and clients. Confidentiality of information shall be maintained by the administrator as provided under state and federal law.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84; am. Register, May, 1988, No. 389, eff. 6-1-88; correction under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER 43.07 Reporting systems {#sec-er-43.07 omnilex-key=us-wi-regs-official--agency-er--ER 43.07}

Appointing authorities shall comply with standards and procedures for reporting systems established by the administrator to acquire affirmative action information. If an agency has established reporting systems in compliance with federal law, such systems shall be reviewed by the administrator for acceptability.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84; correction under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER 43.08 Availability of Affirmative Action information {#sec-er-43.08 omnilex-key=us-wi-regs-official--agency-er--ER 43.08}

Information on affirmative action groups is available to the public unless release of the information is prohibited by state or federal law.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84; CR 18-006: am. Register July 2018 No. 751, eff. 8-1-18.

Chapter ER 44 EMPLOYEE DEVELOPMENT AND TRAINING

Wis. Admin. Code § ER 44.01 Policy and purpose {#sec-er-44.01 omnilex-key=us-wi-regs-official--agency-er--ER 44.01}

To promote efficiency and economy in the operation of state government, the state is committed to offering training opportunities for employees at all levels to develop maximum employee proficiency, to enhance the achievement of affirmative action goals, and to establish and maintain the highest standards of performance in the transaction of the state’s business. Appointing authorities are responsible for identifying training needs and making opportunities available for their employees in accordance with the policy set forth in s. 230.046 (1), Stats. Upon request of a state agency or where cost efficiencies can be realized, the division will sponsor training and other developmental programs designed to develop and maintain the skills, knowledge and abilities of the state’s work force.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84; correction under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER 44.02 Definitions {#sec-er-44.02 omnilex-key=us-wi-regs-official--agency-er--ER 44.02}

In this chapter:

(1) “Career-related training and educational activities” means those activities which are necessary for:

(a) The employee to progress through a classification series related to the employee’s current position; or

(b) The employee to advance to another position within a career path.

(2) “Employee development and training program” means the aggregate policies, procedures and activities that are designed and established to meet the training and development needs of employees.

(3) “Employee development and training plan” means the procedures and course of action established to implement an employee development and training program.

(4) “Formal training” means instructor-led structured training.

(5) “Job-related training and educational activities” means those developmental activities to which the agency assigns an employee to:

(a) Develop, improve or update skills or knowledge which the agency determines an employee needs to perform the duties of the employee’s current position;

(b) Meet performance standards in a trainee, intern, understudy, apprentice, or specially funded employee development program; or

(6) “New supervisor” means an employee appointed to a position with supervisory or managerial responsibilities as defined in s. 111.81 (19) and (20), Stats., who has not previously attained permanent status in a supervisory or managerial position in the classified service.

(7) “Personal development training and educational activities” means those activities which an employee chooses to undertake to gain skills, knowledge or experience for self-improvement and which are not directly related to the employee’s current position or recognized by the agency as career-related.

(8) “Supervisory development program” means a formal, structured program designed to provide supervisors and managers with the skills, knowledge and experience needed to perform effectively in supervisory or managerial positions.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84; renum. (2) to (6) to be (4) to (8), cr. (2) and (3), Register, May, 1988, No. 389, eff. 6-1-88.

Wis. Admin. Code § ER 44.03 Basic supervisory development {#sec-er-44.03 omnilex-key=us-wi-regs-official--agency-er--ER 44.03}

(1) Purpose. Recognizing that supervisors represent a key link between agency goals and agency action and that the behavior and attitudes of supervisors are of fundamental importance to employee relations, s. 230.046 (2), Stats., requires each new supervisor to complete successfully a supervisory development program.

(2) Waiver of approved supervisory development program. An appointing authority may waive all or a portion of the supervisory development program for any new supervisor or manager if the appointing authority determines that the employee received prior supervisory training equivalent to the requirements in s. 230.046 (2), Stats. The appointing authority shall place a copy of the determination in the employee’s personnel file.

(3) Probationary period waiver. For provisions regarding waiver of a probationary period prior to completion of basic supervisory development training, see s. 230.046 (2), Stats.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84; CR 04-139: am. (1), renum. (2) (a) to be (2) and am., r. (2) (b) and (c) Register June 2005 No. 594, eff. 7-1-05.

Wis. Admin. Code § ER 44.04 Understudy program {#sec-er-44.04 omnilex-key=us-wi-regs-official--agency-er--ER 44.04}

(1) Purpose. To provide continuity in provision of service, the administrator may establish an understudy program for a selected position so that an employee may participate in relevant duties before functioning independently.

(2) Establishment.

(a) An agency desiring to appoint an employee under the understudy program shall request approval from the administrator prior to initiation of the recruitment process under s. 230.14, Stats.

(b) A person may be appointed to serve as an understudy in a position having duties in addition to the understudy functions or in a position specified solely for understudy, but in no case shall a position specified solely for understudy be filled for more than one year before the objective position vacancy is anticipated.

(3) Basis of understudy pay. Persons serving in positions having solely understudy functions may be paid on the same basis as provided for trainees under ch. ER 29 and the compensation plan. Persons serving in positions having duties in addition to the understudy function shall continue to be paid on the basis provided for the non-understudy functions.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84; cr. (3), Register, May, 1988, No. 389, eff. 6-1-88; correction in (1), (2) (a) under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER 44.05 In-service training internship program {#sec-er-44.05 omnilex-key=us-wi-regs-official--agency-er--ER 44.05}

(1) Purpose. In order to implement the state’s commitment to a responsible, highly qualified staff, a training internship program for positions shall be established by the administrator to give training in public service administration, to improve opportunities for career progression, or to meet agencies’ affirmative action goals.

(2) Establishment.

(a) In-service training internships may be established by agencies for a period not to exceed 3 years under the direct supervision of an experienced employee in a managerial position.

(b) Each training internship shall be approved by the administrator.

(c) A comprehensive training plan shall be developed for each training internship. The plan shall include provisions for:

Establishing development objectives against which the intern will be evaluated by the supervisor at least every 6 months during the internship; and
Ensuring that there is a managerial employee responsible for overseeing the intern’s progress during the training internship.

(3) Reporting. Agencies shall provide progress and status reports on each internship as required by the administrator.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84; correction in (1), (2) (b), (3) under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER 44.06 Tuition and fees refund program {#sec-er-44.06 omnilex-key=us-wi-regs-official--agency-er--ER 44.06}

When an employee participates in employee training and educational activities with the prior approval of the appointing authority, the following minimum standards for refund of tuition, necessary fees and time off from work shall apply:

(1) Job-related training and educational activities. Attendance of employees at job-related training and educational activities shall be without loss of pay and shall be at the employer’s expense.

(2) Career-related training and educational activities. Upon successful completion of career-related training and educational activities, the employer may reimburse the employee for tuition, registration fees, laboratory costs, books and required student fees, except those fees paid for student activity, health or athletic events. The reimbursement level shall be agreed upon prior to attendance at the activity. Time off for career-related training and educational activities may be granted without loss of pay or taken as authorized accrued leave or compensatory time off, or may be accommodated through the use of alternative work patterns.

(3) Personal development training and educational activities. When an employee’s objectives are to engage in training or education related to personal development training and educational activities, the employer shall not reimburse the employee for any cost associated with these activities. Time off for personal development training and educational activities may be granted by the appointing authority. If granted, such time off shall be without pay, taken as authorized accrued leave or compensatory time off, or may be accommodated through the use of alternative work patterns.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84.

Wis. Admin. Code § ER 44.07 Records of training program participation {#sec-er-44.07 omnilex-key=us-wi-regs-official--agency-er--ER 44.07}

(1) Purpose. To establish a centralized overview of training activities, each agency is required under s. 230.046 (4), Stats., to adopt a standardized system for measuring, recording, reporting, and recognizing employee participation in employee development and formal training programs.

(2) Agency responsibility.

(a) Each agency shall maintain training records according to guidelines established by the administrator.

(b) Each agency shall provide information on training activities as requested by the administrator.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84; CR 04-139: r. (2) (a) Register June 2005 No. 594, eff. 7-1-05; correction in (2) under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER 44.09 Trainee {#sec-er-44.09 omnilex-key=us-wi-regs-official--agency-er--ER 44.09}

(1) Use of trainees. The administrator may authorize the use of trainees, except for career executives, when the special funding requirements of a position require that the position be filled by a trainee, or when the administrator determines that a sufficient number of qualified promotional candidates for the objective level, including women, minorities, and individuals with disabilities, are not available within the agency or employing unit; and:

(a) Filling the position as a trainee will be more appropriate than appointment at the objective level because ability to satisfactorily perform the job tasks is normally acquired as a result of a structured program of job related training and on-the-job experience is required; or

(b) Qualified candidates at the objective level are not readily available in the labor market; or

(c) Filling the position as a trainee will increase the agency’s ability to comply with an approved affirmative action plan or program.

(2) Appointment transaction. The type of appointment transaction shall be based on the objective classification level for the position when filling a position with a trainee.

Note: See s. ER-MRS 13.03 for an explanation of the requirements of the probationary period for trainees and understudies.

History

Cr. Register, May, 1988, No. 389, eff. 6-1-88; correction in (1) (intro.) under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; CR 21-110: am. (1) (intro.) Register June 2022 No. 798, eff. 7-1-22.

Chapter ER 45 EMPLOYEE PERFORMANCE EVALUATION

Wis. Admin. Code § ER 45.01 Policy and purpose {#sec-er-45.01 omnilex-key=us-wi-regs-official--agency-er--ER 45.01}

Recognizing the importance of identifying, evaluating and developing individual performance to ensure that services to the public are efficiently and effectively provided, the administrator shall, under s. 230.37, Stats., and in cooperation with appointing authorities, establish an employee performance evaluation program. The primary purposes of the employee performance evaluation program are to communicate performance standards to employees, to provide observations on performance, and to identify the training and development needed to improve the quality and quantity of job performance and, thereby, increase or maintain expected levels of productivity.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84; correction under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER 45.02 Definitions {#sec-er-45.02 omnilex-key=us-wi-regs-official--agency-er--ER 45.02}

In this chapter:

(1) “Employee” means a state employee in the classified service under s. 230.08 (3), Stats., except for a limited term employee.

(2) “Performance evaluation” means a continual process of identifying, measuring and developing job-related employee performance.

(3) “Performance standard” means a description of what the job is and the level of performance expected.

(4) “Performance summary statement” means a written evaluation of an employee’s overall job performance based on the degree to which the employee has achieved performance standards.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84.

Wis. Admin. Code § ER 45.03 Program requirements {#sec-er-45.03 omnilex-key=us-wi-regs-official--agency-er--ER 45.03}

Each state agency shall establish an employee performance evaluation program in accordance with the requirements set forth in this section.

(1) The intent and purpose of performance evaluation shall be communicated to all employees.

(2) Performance standards shall be established for and communicated to each employee prior to the period for which the employee is being evaluated and serve as a basis for evaluating performance.

(3) A formal performance evaluation review shall be conducted with each employee at least every 12 months. This review shall include ongoing informal performance discussions and periodic appraisals to ensure that the established responsibilities and performance standards for the employee’s position continue to be appropriate and understood by the employee. The review shall meet the guidelines established by the administrator.

(4) The agency shall maintain documentation of the performance evaluation review under sub. (3) in the employee’s personnel file.

(5) Agencies shall ensure that supervisors, managers and other persons responsible for evaluating employee performance receive orientation and training in the performance evaluation process. The administrator shall review and approve or disapprove the contents of this training.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84; correction in (3), (5) under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER 45.04 Agency implementation {#sec-er-45.04 omnilex-key=us-wi-regs-official--agency-er--ER 45.04}

Subject to the review and approval of the administrator, each agency shall submit to the administrator:

(1) A description of the agency’s implementation and administration of a performance evaluation program which meets the requirements set forth in this chapter; and

(2) Identification of the use and effect of the information contained in the performance evaluation review documents.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84; correction in (intro.) under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER 45.05 Requirements for employees serving probationary periods {#sec-er-45.05 omnilex-key=us-wi-regs-official--agency-er--ER 45.05}

The requirements set forth in this chapter shall also apply to evaluate the performance of any employee serving a probationary period as defined in ch. ER-MRS 13, except that:

(1) An employee serving the first 6 months of a probationary period normally shall receive at least 2 formal performance evaluation reviews prior to the end of the probationary period.

(2) An employee serving a probationary period of longer than 6 months normally shall receive at least 2 formal performance evaluation reviews for each additional 6 month period or fraction thereof.

(3) Where a portion of a permissive probationary period is waived, the employee shall receive at least one formal performance evaluation review during the probationary period.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84; correction in (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466.

Chapter ER 46 GRIEVANCE PROCEDURE

Wis. Admin. Code § ER 46.01 Policy {#sec-er-46.01 omnilex-key=us-wi-regs-official--agency-er--ER 46.01}

(1) Although the state encourages continuing informal communication between employees and management, it recognizes the value of a formal grievance procedure in a sound management program under s. 230.04 (14), Stats. It is the policy of the state and responsibility of the administrator to ensure that an established written grievance procedure relating to conditions of employment is available to state employees who are not covered by a collective bargaining agreement under subch. V of ch. 111, Stats., for the disposition of employee grievances.

(2) This grievance procedure shall ensure that each employee may, without prejudice, express and present a grievance through proper channels with the assurance of timely and thorough consideration.

(3) During the formal grievance procedures, the grievant and employer shall make efforts to resolve the grievance by seeking a mutually acceptable solution to the matters grieved.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84; correction in (1) 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 46.02 Definitions {#sec-er-46.02 omnilex-key=us-wi-regs-official--agency-er--ER 46.02}

In this chapter:

(1) “Decision” means the written response to a grievance by the employer representative, which includes the rationale for the response.

(2) “Employee” means a state employee in the classified civil service under s. 230.08 (3), Stats., except a limited term employee or an employee covered by a collective bargaining agreement under subch. V of ch. 111, Stats.

(3) “Employer” means an agency defined under s. 230.03 (3), Stats., in which the employee is or has been employed.

(4) “Grievance” means a written complaint by an employee requesting relief in a matter which is of concern or dissatisfaction relating to conditions of employment and which is subject to the control of the employer and within the limitations of this chapter.

(5) “Grievant” means an employee who has filed a grievance.

(6) “Group grievance” means a grievance filed by more than one grievant which involves like circumstances and facts for the grievants involved.

(7) “Relief” means a specific remedy directly affecting a grievant.

(8) “Retaliation” means any action taken by an employer in order to adversely affect the employee’s conditions of employment, when such action is taken because of the employee’s exercise of rights under this chapter.

(9) “Step” means a level of management authority where a grievance may be pursued.

(10) “Work rule” means a written regulation promulgated by the employer within its discretion which regulates the conduct of employees as it affects their employment.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84; am. (4) and (6) to (8), Register, May, 1988, No. 389, eff. 6-1-88.

Wis. Admin. Code § ER 46.03 Scope {#sec-er-46.03 omnilex-key=us-wi-regs-official--agency-er--ER 46.03}

(1) Under this chapter, an employee may grieve issues which affect his or her conditions of employment, including any matter on which the employee alleges that coercion or retaliation has been practiced against the employee except as provided in sub. (2).

(2) An employee may not use this chapter to grieve:

(a) A personnel action or decision of the director or the administrator that is directly appealable to the Wisconsin Employment Relations Commission under s. 230.44, Stats.;

(b) An action delegated by the director or by the administrator to an appointing authority that is directly appealable to the Wisconsin Employment Relations Commission under s. 230.44, Stats.;

(c) A demotion, suspension without pay, discharge, removal, layoff, or reduction in base pay that is grievable under s. 230.445, Stats.;

(d) A personnel action after certification which is related to the hiring process that is appealable to the Wisconsin Employment Relations Commission under s. 230.44, Stats.;

(e) Denial of hazardous employment benefits under s. 230.36 (4), Stats.;

(f) The reassignment of a career executive employee under s. ER-MRS 30.07 (1);

(g) The failure of a supervisor to process a reclassification request.

(h) An oral reprimand;

(hg) A written instruction related to job performance or work conduct;

(hr) The evaluation methodology used by an employer to determine a discretionary pay award or the amount of the award;

(i) The content of written agency rules and policies;

(j) A condition of employment which is a right of the employer as defined in s. ER 46.04; or

(k) Any matter related to wages, hours of work, and fringe benefits.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84; reprinted to correct an error in (2) (b), Register, September, 1984, No. 345; am. (1), (2) (i) and (j), cr. (2) (k), Register, May, 1988, No. 389, eff. 6-1-88; correction in (2) (f) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; correction in (2) (a), (b) under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; CR 18-006: am. (2) (b) to (d), cr. (2) (hg), (hr), Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER 46.04 Management rights {#sec-er-46.04 omnilex-key=us-wi-regs-official--agency-er--ER 46.04}

(1) Nothing in this chapter is intended to interfere with the sole right of the employer to carry out its statutory mandate and goals under s. 111.90, Stats.

(2) For the purpose of this chapter, the management rights of the employer include, but are not limited to, the following:

(a) Utilizing personnel, methods and means to carry out the statutory mandate and goals of the agency.

(b) Determining the size and composition of the work force.

(d) Hiring, promoting, transferring, assigning or retaining employees.

(e) Establishing reasonable work rules.

(f) Taking disciplinary action for just cause against an employee.

(g) Laying off employees due to lack of work or funds or organizational changes.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84; CR 18-006: am. (1) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER 46.05 Form and filing of the grievance {#sec-er-46.05 omnilex-key=us-wi-regs-official--agency-er--ER 46.05}

(1) Grievances shall be submitted to the designated employer representative on the forms provided by the employer.

(2) Only one subject matter shall be covered in any one grievance.

(3) A grievance shall describe:

(a) The condition of employment which is the subject of the grievance.

(b) The facts upon which the grievance is based.

(4) Employees may not initiate a group grievance.

(5) The employer may consolidate grievances where a reasonable basis for consolidation exists.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84; am. (3) (a), Register, May, 1988, No. 389, eff. 6-1-88; CR 18-006: am. (4) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER 46.06 Procedures and time limits {#sec-er-46.06 omnilex-key=us-wi-regs-official--agency-er--ER 46.06}

(1) All grievances shall be filed with the employee’s appointing authority, or designee, no later than 14 calendar days from the date the employee first became aware or should have become aware of the matter grieved.

(2) Grievances shall be pursued in accordance with the following steps and time limits:

(a) First step. Within 14 calendar days of receipt by the appointing authority, or designee, of the timely grievance from the employee under sub. (1), the appointing authority, or designee, shall conduct any investigation he or she deems necessary, meet with the employee in person, and issue a written decision.

(b) Second step.

If the grievant is dissatisfied with the decision received from the appointing authority at the first step under par. (a), the decision may be grieved to the administrator, or his or her designee, no later than 14 calendar days after the date of the appointing authority’s decision under par. (a).
Within 30 calendar days after the date the employee files a timely grievance with the administrator under subd. 1., the administrator, or designee, shall review the grievance and issue a written decision.

(3) If the last day on which a grievance is to be filed or a decision is be grieved or served is a Saturday, Sunday, or legal holiday, or the day specified in s. 230.35 (4) (a) 10., Stats., the grievance may be filed or the decision may be grieved or served on the next day which is not a Saturday, Sunday, or legal holiday, or the day specified in s. 230.35 (4) (a) 10., Stats.

(5) The employer and grievant may mutually agree in writing to waive the time limits at any step under sub. (2).

(7) The employer and grievant may conduct the first step meeting under sub. (2) (a) by telephone, videoconference, or by other comparable means.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84; CR 18-006: am. (1), (2) (a), (b), r. (2) (c), (4), (6), am. (7) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER 46.07 Wisconsin Employment Relations Commission {#sec-er-46.07 omnilex-key=us-wi-regs-official--agency-er--ER 46.07}

(1) If the grievant is dissatisfied with the decision received from the administrator or designee at the second step under s. ER 46.06 (2) (b) 2., the decision may be grieved to the commission only if it alleges that the employer abused its discretion in applying subch. II of ch. 230, Stats., or the rules of the director promulgated under that subchapter, subchs. I and II of ch. 230, Stats., or the rules of the administrator promulgated under those subchapters, or written agency rules, policies, or procedures, except that decisions involving the following personnel transactions may not be grieved to the commission:

(a) A written instruction;

(b) A performance evaluation; or

(2) Grievances to the commission must be filed within 14 calendar days after receipt of a decision issued at the second step of the grievance procedure under s. ER 46.06 (2) (b) 2., or within 15 calendar days after the last day on which the employer could have served a timely decision, whichever is sooner.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84; reprinted to correct an error in (1) (c), Register, September, 1984, No. 345; am. (1) (intro.), Register, May, 1988, No. 389, eff. 6-1-88; correction in (1) (intro.) under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; CR 18-006: am. (1) (intro.), (a), (2) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER 46.08 Failure to meet time limits {#sec-er-46.08 omnilex-key=us-wi-regs-official--agency-er--ER 46.08}

(1) The employer shall reject any grievances not filed or any decision not grieved in accordance with the time limits set forth in this chapter. Any decision not grieved in a timely manner shall be decided on the basis of the last preceding decision.

(2) If the grievance is not answered within the time limits set forth in this chapter, the grievant may proceed to the next step under s. ER 46.06 (2) within 14 calendar days after the last day on which the grievance could have been timely answered.

(3) If the grievance at the second step under s. ER 46.06 (2) (b) 2. is not answered within the time limits set forth in this chapter, the grievant may proceed directly to the Wisconsin employment relations commission in accordance with s. ER 46.07.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84; CR 18-006: am. (2), (3) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER 46.09 Grievant representation {#sec-er-46.09 omnilex-key=us-wi-regs-official--agency-er--ER 46.09}

(1) Each employee may have assistance by a representative of his or her own choice during the grievance procedure.

(2) The administrator may allow a reasonable, yet limited, period of time without loss of pay for the employee and representative, if a state employee, to prepare for a grievance.

(4) Any expense incurred by the grievant or representative in investigating, preparing or presenting a grievance shall be the responsibility of the grievant or representative.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84; CR 18-006: am. (1), r. and recr. (2), r. (3) Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § ER 46.10 Retaliation prohibited {#sec-er-46.10 omnilex-key=us-wi-regs-official--agency-er--ER 46.10}

No employer may retaliate against a grievant, representative, or witness who participates or is scheduled to participate in proceedings, for using the grievance procedure. This section may be enforced by order of the administrator under s. 230.04 (3), Stats.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84; correction under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER 46.11 Retroactivity {#sec-er-46.11 omnilex-key=us-wi-regs-official--agency-er--ER 46.11}

No employer may grant any relief retroactive to more than 14 calendar days prior to the filing of the grievance at the first step under s. ER 46.06 (2) (a).

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84; am. Register, May, 1988, No. 389, eff. 6-1-88; CR 18-066: am. Register June 2018 No. 750, eff. 7-1-18.

Wis. Admin. Code § ER 46.12 Notification of employees {#sec-er-46.12 omnilex-key=us-wi-regs-official--agency-er--ER 46.12}

The employer shall provide written notice to employees within the agency of the existence and content of the grievance procedure and any changes thereto.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84.

Wis. Admin. Code § ER 46.13 Informal discussions {#sec-er-46.13 omnilex-key=us-wi-regs-official--agency-er--ER 46.13}

Nothing in this chapter precludes an employee from informally discussing with the employer any matter of concern, whether grievable or not.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84.

Chapter ER 47 TEMPORARY INTERCHANGE

Wis. Admin. Code § ER 47.01 Policy {#sec-er-47.01 omnilex-key=us-wi-regs-official--agency-er--ER 47.01}

The temporary interchange of employees between and among governmental agencies at the same or different levels of government and with institutions of higher education is authorized by s. 230.047, Stats., to facilitate the use of the specialized knowledge and experience of skilled people to address state and local problems, improve the delivery of government services, enhance the career development of governmental employees, strengthen intergovernmental understanding, and increase the capacity of personnel resources.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84.

Wis. Admin. Code § ER 47.02 Interchange agreement {#sec-er-47.02 omnilex-key=us-wi-regs-official--agency-er--ER 47.02}

(1) An interchange assignment may begin only after a written agreement has been signed by the parties and approved by the administrator under s. ER 47.08. The parties are the appointing authorities of the sending and receiving agencies, as defined in s. 230.047 (2), Stats., and the employee concerned.

(2) The written agreement shall specify that the employee is assigned “on detail” to the receiving agency but remains an employee of the sending agency.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84; correction in (1) under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER 47.03 Eligibility for interchange {#sec-er-47.03 omnilex-key=us-wi-regs-official--agency-er--ER 47.03}

All employees in the classified and unclassified service are eligible for interchange except those persons in the classified service who do not have permanent status in class.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84.

Wis. Admin. Code § ER 47.04 Duration of interchange {#sec-er-47.04 omnilex-key=us-wi-regs-official--agency-er--ER 47.04}

(1) Interchange assignments shall be temporary in nature and shall not exceed one year.

(2) The administrator may approve an extension for one additional year upon agreement of the parties if an urgent need to extend an interchange exists and is demonstrated. The total duration of the interchange assignment may not exceed 2 years.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84; correction in (2) under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code § ER 47.05 State, agency or subdivision as sending agency {#sec-er-47.05 omnilex-key=us-wi-regs-official--agency-er--ER 47.05}

(1) When the state of Wisconsin, or any agency or subdivision thereof, is the sending agency, the appointing authority of the sending agency shall:

(a) Arrange for the employee to remain on the agency’s payroll and continue to be covered by the appropriate statutory or contractual provisions relating to pay and employee benefits.

(b) Specify in the written agreement that:

The employee shall receive all applicable intervening pay adjustments for which the employee is eligible including, but not limited to: adjustments applied to the pay schedule and range to which the employee’s class is assigned, length of service payments, discretionary pay adjustments, or other forms of within range pay adjustments;
The sending agency may not pay the travel expenses of the employee in connection with an assignment at the receiving agency and the receiving agency shall reimburse the employee at the rate provided in the state’s negotiated collective bargaining agreement or under s. 20.916, Stats., whichever is appropriate;
The receiving agency may provide specified maintenance allowances for the employee assigned to it “on detail.” These allowances may include, but are not limited to: the maintenance of a separate residence or costs associated with periodic travel to the employee’s place of permanent residence; and
The employee remains subject to ch. ER-MRS 24, the code of ethics, or other appropriate code of ethics specified in subch. III of ch. 19, Stats.

(2) The appointing authority writing the agreement may provide for the receiving agency to reimburse the sending agency for all or part of the salary and employee benefit expenditures incurred during the period of assignment.

(3) A classified state employee during the period of assignment is eligible to compete in promotional examinations as if the employee had not entered into an interchange agreement. The assigned employee’s position may not be reallocated under s. ER 3.01 (2) (f), or reclassified under s. ER 3.01 (3) nor may the employee be regraded accordingly.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84; corrections in (1) (b) 4. and (3) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; corrections in (3) made under s. 13.93 (2m) (b) 7., Stats., Register April 2002 No. 556.

Wis. Admin. Code § ER 47.06 State, agency or subdivision as receiving agency {#sec-er-47.06 omnilex-key=us-wi-regs-official--agency-er--ER 47.06}

When the state of Wisconsin, or any agency or subdivision thereof, is the receiving agency, the appointing authority of the receiving agency shall specify in the written agreement:

(1) Any salary or employee benefit costs which the receiving agency is obligated to provide as reimbursement to the sending agency;

(2) Any separate expense reimbursement the receiving agency will provide, such as moving or temporary lodging under s. 20.917, Stats., or travel expenses under s. 230.047 (7), Stats.; and

(3) The fact that the employee is subject to the provisions of ch. ER-MRS 24, the code of ethics, or other appropriate code of ethics specified in subch. III of ch. 19, Stats.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466.

Wis. Admin. Code § ER 47.07 Supplemental pay and benefits {#sec-er-47.07 omnilex-key=us-wi-regs-official--agency-er--ER 47.07}

(1) A receiving agency other than a receiving agency of this state may provide supplemental pay and benefits to the employee for the duration of the interchange. Such supplemental pay and benefits may be paid by the receiving agency to the employee, or may be paid by the sending agency from funds supplied by the receiving agency, provided the payment is separate from pay and benefits under statutory or contractual provisions.

(2) An eligible employee under s. ER 47.03 who is on interchange to any office, department or independent agency in the executive, legislative or judicial branches of this state or any authority established under chs. 231, 233 or 234, Stats., may not receive supplemental pay or benefits.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84; renum. to be (1) and cr. (2), Register, May, 1988, No. 389, eff. 6-1-88.

Wis. Admin. Code § ER 47.08 Approval {#sec-er-47.08 omnilex-key=us-wi-regs-official--agency-er--ER 47.08}

Any interchange agreement negotiated under this chapter shall be subject to the approval of the administrator.

History

Cr. Register, February, 1984, No. 338, eff. 3-1-84; correction under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

Wis. Admin. Code ER — Department of Administration-Division of Personnel Management

Chapter ER 1 FORCE AND EFFECT OF RULES AND DEFINITIONS

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

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

Chapter ER 2 CLASSIFICATION PLAN

Wis. Admin. Code § ER 2.01 Classification plan {#sec-er-2.01 omnilex-key=us-wi-regs-official--agency-er--ER 2.01}

Wis. Admin. Code § ER 2.02 Classification plan maintenance {#sec-er-2.02 omnilex-key=us-wi-regs-official--agency-er--ER 2.02}

Wis. Admin. Code § ER 2.03 Class titles {#sec-er-2.03 omnilex-key=us-wi-regs-official--agency-er--ER 2.03}

Wis. Admin. Code § ER 2.04 Class specifications {#sec-er-2.04 omnilex-key=us-wi-regs-official--agency-er--ER 2.04}

Chapter ER 3 POSITION CLASSIFICATION ACTIONS

Wis. Admin. Code § ER 3.01 Definitions {#sec-er-3.01 omnilex-key=us-wi-regs-official--agency-er--ER 3.01}

Wis. Admin. Code § ER 3.015 Regrading provisions {#sec-er-3.015 omnilex-key=us-wi-regs-official--agency-er--ER 3.015}

Wis. Admin. Code § ER 3.02 Establishing the classification of a position {#sec-er-3.02 omnilex-key=us-wi-regs-official--agency-er--ER 3.02}

Wis. Admin. Code § ER 3.03 Changing the classification of a position {#sec-er-3.03 omnilex-key=us-wi-regs-official--agency-er--ER 3.03}

Wis. Admin. Code § ER 3.04 Notice of reallocation or reclassification {#sec-er-3.04 omnilex-key=us-wi-regs-official--agency-er--ER 3.04}

Wis. Admin. Code § ER 3.05 Exclusion {#sec-er-3.05 omnilex-key=us-wi-regs-official--agency-er--ER 3.05}

Chapter ER 8 ENTRY PROFESSIONAL PROGRAM

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

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

Chapter ER 10 LIMITED TERM APPOINTMENTS

Wis. Admin. Code § ER 10.01 Definition and categories of limited term appointments {#sec-er-10.01 omnilex-key=us-wi-regs-official--agency-er--ER 10.01}

Wis. Admin. Code § ER 10.02 Classification and compensation {#sec-er-10.02 omnilex-key=us-wi-regs-official--agency-er--ER 10.02}

Wis. Admin. Code § ER 10.025 Approval by administrator {#sec-er-10.025 omnilex-key=us-wi-regs-official--agency-er--ER 10.025}

Wis. Admin. Code § ER 10.045 Benefits {#sec-er-10.045 omnilex-key=us-wi-regs-official--agency-er--ER 10.045}

Chapter ER 18 ABSENCES

Wis. Admin. Code § ER 18.01 Definitions {#sec-er-18.01 omnilex-key=us-wi-regs-official--agency-er--ER 18.01}

Wis. Admin. Code § ER 18.02 Annual leave of absence {#sec-er-18.02 omnilex-key=us-wi-regs-official--agency-er--ER 18.02}

Wis. Admin. Code § ER 18.03 Sick leave {#sec-er-18.03 omnilex-key=us-wi-regs-official--agency-er--ER 18.03}

Wis. Admin. Code § ER 18.04 Holidays {#sec-er-18.04 omnilex-key=us-wi-regs-official--agency-er--ER 18.04}

Wis. Admin. Code § ER 18.05 Other provisions relating to annual leave, sick leave and personal holidays {#sec-er-18.05 omnilex-key=us-wi-regs-official--agency-er--ER 18.05}

Wis. Admin. Code § ER 18.06 Leave with pay due to work-related injury {#sec-er-18.06 omnilex-key=us-wi-regs-official--agency-er--ER 18.06}

Wis. Admin. Code § ER 18.08 Military service {#sec-er-18.08 omnilex-key=us-wi-regs-official--agency-er--ER 18.08}

Wis. Admin. Code § ER 18.09 Civilian service {#sec-er-18.09 omnilex-key=us-wi-regs-official--agency-er--ER 18.09}

Wis. Admin. Code § ER 18.10 Jury service {#sec-er-18.10 omnilex-key=us-wi-regs-official--agency-er--ER 18.10}

Wis. Admin. Code § ER 18.11 Voting time {#sec-er-18.11 omnilex-key=us-wi-regs-official--agency-er--ER 18.11}

Wis. Admin. Code § ER 18.12 Leaves of absence for civil service interviews {#sec-er-18.12 omnilex-key=us-wi-regs-official--agency-er--ER 18.12}

Wis. Admin. Code § ER 18.13 Leave of absence by employees and certain elected officials for military preinduction physical examination {#sec-er-18.13 omnilex-key=us-wi-regs-official--agency-er--ER 18.13}

Wis. Admin. Code § ER 18.14 Leave of absence without pay {#sec-er-18.14 omnilex-key=us-wi-regs-official--agency-er--ER 18.14}

Wis. Admin. Code § ER 18.15 Catastrophic leave {#sec-er-18.15 omnilex-key=us-wi-regs-official--agency-er--ER 18.15}

Wis. Admin. Code § ER 18.16 Paid leaves for providing certain disaster relief services {#sec-er-18.16 omnilex-key=us-wi-regs-official--agency-er--ER 18.16}

Wis. Admin. Code § ER 18.17 Paid leave to serve as a bone marrow or organ donor {#sec-er-18.17 omnilex-key=us-wi-regs-official--agency-er--ER 18.17}

Wis. Admin. Code § ER 18.18 Paid leave to serve as an election official {#sec-er-18.18 omnilex-key=us-wi-regs-official--agency-er--ER 18.18}

Chapter ER 21 RESIGNATION

Wis. Admin. Code § ER 21.01 Definitions {#sec-er-21.01 omnilex-key=us-wi-regs-official--agency-er--ER 21.01}

Wis. Admin. Code § ER 21.02 Conditions of resignation {#sec-er-21.02 omnilex-key=us-wi-regs-official--agency-er--ER 21.02}

Wis. Admin. Code § ER 21.03 Abandonment {#sec-er-21.03 omnilex-key=us-wi-regs-official--agency-er--ER 21.03}

Wis. Admin. Code § ER 21.04 Treatment of leave credits upon resignation from state service {#sec-er-21.04 omnilex-key=us-wi-regs-official--agency-er--ER 21.04}

Chapter ER 28 WORKER’S COMPENSATION AND HAZARDOUS DUTY INJURY PAY

Wis. Admin. Code § ER 28.01 Statutory authority {#sec-er-28.01 omnilex-key=us-wi-regs-official--agency-er--ER 28.01}

Wis. Admin. Code § ER 28.015 Definition of employee {#sec-er-28.015 omnilex-key=us-wi-regs-official--agency-er--ER 28.015}

Wis. Admin. Code § ER 28.02 Effect of worker’s compensation {#sec-er-28.02 omnilex-key=us-wi-regs-official--agency-er--ER 28.02}

Wis. Admin. Code § ER 28.03 Concurrent benefits {#sec-er-28.03 omnilex-key=us-wi-regs-official--agency-er--ER 28.03}

Wis. Admin. Code § ER 28.04 Injury while on hazardous duty {#sec-er-28.04 omnilex-key=us-wi-regs-official--agency-er--ER 28.04}

Wis. Admin. Code § ER 28.05 Medical examinations {#sec-er-28.05 omnilex-key=us-wi-regs-official--agency-er--ER 28.05}

Wis. Admin. Code § ER 28.06 Appeal rights {#sec-er-28.06 omnilex-key=us-wi-regs-official--agency-er--ER 28.06}

Wis. Admin. Code § ER 28.07 Subrogation rights {#sec-er-28.07 omnilex-key=us-wi-regs-official--agency-er--ER 28.07}

Chapter ER 29 COMPENSATION ADMINISTRATION PROVISIONS

Wis. Admin. Code § ER 29.01 Definitions {#sec-er-29.01 omnilex-key=us-wi-regs-official--agency-er--ER 29.01}

Wis. Admin. Code § ER 29.02 Purpose {#sec-er-29.02 omnilex-key=us-wi-regs-official--agency-er--ER 29.02}

Wis. Admin. Code § ER 29.025 Red circled pay rates {#sec-er-29.025 omnilex-key=us-wi-regs-official--agency-er--ER 29.025}

Wis. Admin. Code § ER 29.03 Transaction pay adjustments {#sec-er-29.03 omnilex-key=us-wi-regs-official--agency-er--ER 29.03}

Wis. Admin. Code § ER 29.04 Multiple pay adjustments on same date, order of application {#sec-er-29.04 omnilex-key=us-wi-regs-official--agency-er--ER 29.04}

Wis. Admin. Code § ER 29.05 Retroactive salary increase or decrease {#sec-er-29.05 omnilex-key=us-wi-regs-official--agency-er--ER 29.05}

Chapter ER 30 CAREER EXECUTIVE EMPLOYMENT

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

Wis. Admin. Code § ER 30.02 Included positions {#sec-er-30.02 omnilex-key=us-wi-regs-official--agency-er--ER 30.02}

Wis. Admin. Code § ER 30.03 Eligible employees {#sec-er-30.03 omnilex-key=us-wi-regs-official--agency-er--ER 30.03}

Wis. Admin. Code § ER 30.085 Career executive temporary assignment {#sec-er-30.085 omnilex-key=us-wi-regs-official--agency-er--ER 30.085}

Wis. Admin. Code § ER 30.09 Pay adjustments resulting from career executive reassignment or voluntary movement {#sec-er-30.09 omnilex-key=us-wi-regs-official--agency-er--ER 30.09}

Chapter ER 34 PROJECT EMPLOYMENT PROVISIONS

Wis. Admin. Code § ER 34.04 Position classification actions {#sec-er-34.04 omnilex-key=us-wi-regs-official--agency-er--ER 34.04}

Wis. Admin. Code § ER 34.05 Pay provisions {#sec-er-34.05 omnilex-key=us-wi-regs-official--agency-er--ER 34.05}

Wis. Admin. Code § ER 34.06 Benefit provisions {#sec-er-34.06 omnilex-key=us-wi-regs-official--agency-er--ER 34.06}

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

Chapter ER 42 ALTERNATIVE WORK PATTERNS

Wis. Admin. Code § ER 42.01 Policy {#sec-er-42.01 omnilex-key=us-wi-regs-official--agency-er--ER 42.01}

Wis. Admin. Code § ER 42.02 Definitions {#sec-er-42.02 omnilex-key=us-wi-regs-official--agency-er--ER 42.02}

Wis. Admin. Code § ER 42.03 Alternative work patterns plan {#sec-er-42.03 omnilex-key=us-wi-regs-official--agency-er--ER 42.03}

Wis. Admin. Code § ER 42.04 Plan components {#sec-er-42.04 omnilex-key=us-wi-regs-official--agency-er--ER 42.04}

Wis. Admin. Code § ER 42.05 Review of plans {#sec-er-42.05 omnilex-key=us-wi-regs-official--agency-er--ER 42.05}