3. Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives:
The new policies which will be proposed in the rules will establish limitations similar to those that are currently in effect and published in DPM policy bulletins DPM-0518-CC/POL and DPM-0520-CC/POL due to the suspension of the current administrative code provisions, with approval of the Governor, for the duration of the public heath emergency declared by the Governor in Executive Order #72. These policy bulletins are published online at https://dpm.wi.gov/Bulletins/DPM-0518-CC-POL.pdf and https://dpm.wi.gov/Bulletins/DPM-0520-CC-POL.pdf. 4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
Section 227.11(2)(a), Wis. Stats., reads: (2) Rule-making authority is expressly conferred on an agency as follows: (a) Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation. All of the following apply to the promulgation of a rule interpreting the provisions of a statute enforced or administered by an agency:
1. A statutory or nonstatutory provision containing a statement or declaration of legislative intent, purpose, findings, or policy does not confer rule-making authority on the agency or augment the agency’s rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.
2. A statutory provision describing the agency’s general powers or duties does not confer rule-making authority on the agency or augment the agency’s rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature
3.A statutory provision containing a specific standard, requirement, or threshold does not confer on the agency the authority to promulgate, enforce, or administer a rule that contains a standard, requirement, or threshold that is more restrictive than the standard, requirement, or threshold contained in the statutory provision.
Section 230.04 (1), Stats., reads: (1) The administrator is charged with the effective administration of this chapter. All powers and duties, necessary to that end, which are not exclusively vested by statute in the commission, the division of equal rights, the director or appointing authorities, are reserved to the administrator. Section 230.04 (5), Stats, reads: (5) The administrator shall promulgate rules on all matters relating to the administration of the division and the performance of the duties assigned to the administrator, except on matters relating to those provisions of subch. II for which responsibility is specifically charged to the director. Section 230.35 (2), Stats, reads in part: (2) Leave of absence with pay owing to sickness and leave of absence without pay, other than annual leave and leave under s. 103.10, shall be regulated by the rules of the administrator, except that unused sick leave shall accumulate from year to year.” 5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
The estimated time to be spent by state employees is 20 hours.
6. List with description of all entities that may be affected by the proposed rule:
The rule revisions will affect state employees covered by the rules, and agencies and appointing authorities who implement and/or make decisions based on them.
7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
The Families First Coronavirus Response Act (FFCRA) provided federal Emergency Paid Sick Leave (EPSL) and Expanded FMLA leave (EFMLA) for state employees beginning April 1, 2020. These leave provisions are in addition to any leave programs offered by the state. The emergency rules being proposed are intended to work in conjunction with these federal leave provisions and to provide coverage where gaps in the federal leave may occur.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
These rule revisions are not likely to have a significant economic impact on small businesses.
The economic impact of these proposed rule revisions will be dependent on the actual usage by state employees.
