Chapter ER 18

Chapter ER 18

ABSENCES

ER 18.01   Definitions.

ER 18.02   Annual leave of absence.

ER 18.03   Sick leave.

ER 18.04   Holidays.

ER 18.05   Other provisions relating to annual leave, sick leave and personal holidays.

ER 18.06   Leave with pay due to work-related injury.

ER 18.08   Military service.

ER 18.09   Civilian service.

ER 18.10   Jury service.

ER 18.11   Voting time.

ER 18.12   Leaves of absence for civil service interviews.

ER 18.13   Leave of absence by employees and certain elected officials for military preinduction physical examination.

ER 18.14   Leave of absence without pay.

ER 18.15   Catastrophic leave.

ER 18.16   Paid leaves for providing certain disaster relief services.

ER 18.17   Paid leave to serve as a bone marrow or organ donor.

ER 18.18   Paid leave to serve as an election official.

Ch. ER 18 Note Note: Corrections made under s. 13.93 (2m) (b) 6. Stats., Register December 2003 No. 576.

ER 18.01 ER 18.01 Definitions. In this chapter, unless the context otherwise requires:

ER 18.01(1) (1) “Elected official” means a constitutional officer or other elected official under s. 20.923 (2), Stats.

ER 18.01(2) (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:

ER 18.01(2)(a) (a) Elected officials;

ER 18.01(2)(b) (b) Employees of the University of Wisconsin System;

ER 18.01(2)(c) (c) Unclassified staff of the legislature not identified under s. 20.923 (4), Stats.;

ER 18.01(2)(d) (d) Unclassified staff of a legislative service agency under subch. IV of ch. 13, Stats.;

ER 18.01(2)(e) (e) Stenographers employed under s. 230.08 (2) (g), Stats.; and

ER 18.01(2)(f) (f) Staff of the state court system.

ER 18.01(3) (3) “Employment status” means the status of a person in the civil service under s. 230.08, Stats., while in pay status or on:

ER 18.01(3)(a) (a) Approved leave of absence without pay;

ER 18.01(3)(b) (b) Military leave;

ER 18.01(3)(c) (c) Leave to serve in the unclassified service;

ER 18.01(3)(d) (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.;

ER 18.01(3)(e) (e) Temporary layoff; or

ER 18.01(3)(f) (f) Layoff prior to July 1, 2016 and subsequent restoration from layoff under s. ER-MRS 22.10 within 3 years.

ER 18.01(4) (4) “Immediate family” means:

ER 18.01(4)(a) (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;

ER 18.01(4)(b) (b) The spouse;

ER 18.01(4)(c) (c) Aunts and uncles, sons-in-law or daughters-in-law of the employee or spouse; and

ER 18.01(4)(d) (d) Other relatives of the employee or spouse providing they reside in the same household of the employee.

ER 18.01(4m) (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.

ER 18.01(5) (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.

ER 18.01(6) (6) “Limited term employee” means a person who is an employee as a result of either:

ER 18.01(6)(a) (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

ER 18.01(6)(b) (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.

ER 18.01(7) (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.

ER 18.01(8) (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.

ER 18.01 History 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.

ER 18.02 ER 18.02 Annual leave of absence.

ER 18.02(1) (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.

ER 18.02(2) (2) Computing continuous service.

ER 18.02(2)(a) (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).

ER 18.02(2)(b) (b) The continuous employment status of an employee eligible for annual leave shall not be considered interrupted if the employee:

ER 18.02(2)(b)1. 1. Was on an approved leave of absence.

ER 18.02(2)(b)2m. 2m. Left the service and is reemployed within 5 years, subject to the following:

ER 18.02(2)(b)2m.a. 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.

ER 18.02(2)(b)2m.b. 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.

ER 18.02(2)(b)3. 3. 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.

ER 18.02(2)(b)4. 4. Was absent on military leave.

ER 18.02(2)(b)5. 5. 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.

ER 18.02(2)(b)6. 6. 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.

ER 18.02(2)(b)7. 7. Was on temporary layoff under s. ER-MRS 22.14.