Chapter ER-MRS 22

Chapter ER-MRS 22

LAYOFF PROCEDURE

ER-MRS 22.01   Purpose.

ER-MRS 22.02   Definitions.

ER-MRS 22.025   Vacancies, how filled.

ER-MRS 22.03   Application.

ER-MRS 22.035   Layoff group.

ER-MRS 22.04   Certain employees released first.

ER-MRS 22.05   Layoff plan subject to approval.

ER-MRS 22.06   Procedure for making layoffs.

ER-MRS 22.07   Notice prior to layoff; appeal notice.

ER-MRS 22.08   Alternatives to termination from the service as a result of layoff.

ER-MRS 22.09   Failure to accept reasonable offer of appointment.

ER-MRS 22.10   Restoration rights and conditions.

ER-MRS 22.11   Reinstatement eligibility and conditions.

ER-MRS 22.12   Layoff of seasonal and sessional employees.

ER-MRS 22.13   Layoff of school year employees.

ER-MRS 22.14   Temporary layoff of employees.

Ch. ER-MRS 22 Note Note: Chapter Pers 22 was renumbered chapter ER-Pers 22, effective March 1, 1983. Chapter ER-Pers 22 was renumbered chapter ER-MRS 22 under s. 13.93 (2m) (b) 1., Stats., Register, October, 1994, No. 466; Corrections made under s. 13.93 (2m) (b) 6., Stats., Register December 2003 No. 576.

ER-MRS 22.01 ER-MRS 22.01 Purpose. This layoff procedure is adopted under s. 230.34 (2), Stats., and is intended to be fair to and understandable by all employees; retain for the state service its most effective and efficient personnel; and insure that all layoff actions are appropriately and systematically administered.

ER-MRS 22.01 History History: Cr. Register, October, 1972, No. 202, eff. 11-1-72; emerg. am. eff. 4-25-75; am. Register, September, 1975, No. 237, eff. 10-1-75; am. Register, February, 1981, No. 302, eff. 3-1-81.

ER-MRS 22.02 ER-MRS 22.02 Definitions. The following are definitions for terms used in this chapter:

ER-MRS 22.02(1) (1) “Continuous service,” has the meaning given under s. ER 1.02 (6).

ER-MRS 22.02(2) (2) “Layoff group,” means an aggregation of related positions which is the group of employees from which the layoff will be made.

ER-MRS 22.02(3) (3) “Progression series,” has the meaning given under s. ER 1.02 (32).

ER-MRS 22.02(4) (4) “Subtitle,” means a secondary explanatory title which is used to identify positions whose duties distinguish them from other positions in the same class in terms of the qualifications required for successful performance in the position.

ER-MRS 22.02(5) (5) “Vacancy” or “vacant position” means a classified position to which a permanent appointment may be made after the appointing authority has initiated an action to fill that position and the position has been fully authorized and budgeted by law.

ER-MRS 22.02 Note Note: The definitions of employing unit, layoff and recruitment option are set forth under s. ER-MRS 1.02 (7), (11) and (28), respectively.

ER-MRS 22.02 History History: Cr. Register, October, 1972, No. 202, eff. 11-1-72; emerg. r. and recr., eff. 4-25-75; r. and recr. Register, September, 1975, No. 237, eff. 10-1-75; renum. (1) and (2) to be (2) and (3), cr. (1), Register, February, 1981, No. 302, eff. 3-1-81; am. (1), Register, February, 1983, No. 326, eff. 3-1-83; r. and recr. Register, May, 1988, No. 389, eff. 6-1-88; correction in (1) and (3) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; emerg. cr. (5), eff. 6-12-95; cr. (5), Register, December, 1995, No. 480, eff. 1-1-96.

ER-MRS 22.025 ER-MRS 22.025 Vacancies, how filled. For purposes of this chapter, the appointing authority shall fill vacancies in the following order, after considering transfers, demotions and reassignments limited to persons currently employed in the employing unit who are not affected by the layoff:

ER-MRS 22.025(1) (1) Through alternatives in lieu of termination as a result of layoff.

ER-MRS 22.025(2) (2) Through restoration following layoff for persons with restoration rights obtained from layoff prior to July 1, 2016.

ER-MRS 22.025 History History: Cr. Register, February, 1983, No. 326, eff. 3-1-83; CR 18-006: am. (2) Register July 2018 No. 751, eff. 8-1-18.

ER-MRS 22.03 ER-MRS 22.03 Application.

ER-MRS 22.03(1) (1) This chapter shall be applied by the appointing authority in the event of an impending reduction in work force.

ER-MRS 22.03(2) (2) This chapter shall apply only to those employees not included in certified bargaining units under s. 111.825 (1) (g), Stats.

ER-MRS 22.03(3) (3) Except as provided in ss. ER-MRS 22.12, 22.13 and 22.14, this chapter shall not apply to:

ER-MRS 22.03(3)(a) (a) Temporary layoffs not to exceed 20 working days.

ER-MRS 22.03(3)(b) (b) Seasonal layoff of seasonal employees.

ER-MRS 22.03(3)(c) (c) School year employees at institutions and schools, during recesses in the academic year or summer. In accordance with s. ER 18.14 (2) (c), such employees shall be considered on an approved leave of absence without pay during these periods.

ER-MRS 22.03(3)(d) (d) Project employees.

ER-MRS 22.03(4) (4) The layoff grouping under s. ER-MRS 22.06, shall not apply to employees in positions funded by nonstate funds made available contingent on special employee eligibility requirements under s. 230.34 (2m), Stats. However, if layoff is to be made among such employees, the provisions of this chapter shall apply.

ER-MRS 22.03(5) (5) The appointing authority shall identify the position or positions to be eliminated in the event of a reduction in the work force.

ER-MRS 22.03 History History: Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. (1), r. (2) to (5), cr. (2) and (3), Register, September, 1975, No. 237, eff. 10-1-75; r. and recr. (1), renum. (2) to be Pers 22.04, r. (3), cr. (2) to (5), Register, February, 1981, No. 302, eff. 3-1-81; am. (3) (a), Register, February, 1983, No. 326, eff. 3-1-83; am. (3) (c), Register, May, 1988, No. 389, eff. 6-1-88; corrections in (3) (intro.) and (4) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; CR 18-006: am. (2) Register July 2018 No. 751, eff. 8-1-18.

ER-MRS 22.035 ER-MRS 22.035 Layoff group.

ER-MRS 22.035(1) (1) The layoff group, within the employing unit, may be identified by, but not limited to:

ER-MRS 22.035(1)(a) (a) A class;

ER-MRS 22.035(1)(b) (b) Class subtitle;

ER-MRS 22.035(1)(c) (c) Progression series that has been approved by the administrator for use by the agency; or

ER-MRS 22.035(1)(d) (d) Recruitment option.

ER-MRS 22.035(2) (2) All positions in the layoff group must be in the same pay range except when the layoff group is a progression series which has been approved by the administrator for use by the agency.

ER-MRS 22.035 History History: Cr. Register, May, 1988, No. 389, eff. 6-1-88; correction in (1) (c), (2) made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; CR 18-006: am. (1) (intro.) Register July 2018 No. 751, eff. 8-1-18.

ER-MRS 22.04 ER-MRS 22.04 Certain employees released first. Before an employee with permanent status in class may be laid off, the appointing authority shall terminate all employees in the approved layoff group in the employing unit in which the layoff occurs who are serving an original appointment probationary period unless authorized by the director.

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

ER-MRS 22.05 ER-MRS 22.05 Layoff plan subject to approval. Whenever it becomes necessary for an agency to lay off employees, the appointing authority shall prepare a comprehensive written plan for layoff following the procedure specified in this chapter and submitted to the director for review and approval prior to implementation.

ER-MRS 22.05 History History: Emerg. cr. eff. 4-25-75; cr. Register, September, 1975, No. 237, eff. 10-1-75; renum. from Pers 22.09 and am.,Register, February, 1981, No. 302, eff. 3-1-81; correction made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

ER-MRS 22.06 ER-MRS 22.06 Procedure for making layoffs.