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 HistoryHistory: 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 18.02ER 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)(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)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)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)(c)(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. ER 18.02(2)(d)(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. ER 18.02(2)(e)(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. ER 18.02(3)(a)(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. ER 18.02(3)(b)(b) Unclassified employees are not required to complete a qualifying period prior to taking annual leave. ER 18.02(3)(c)(c) Eligible employees shall be granted noncumulative annual leave based on accumulated continuous state service as follows: ER 18.02(3)(c)1.1. 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:
ANNUAL LEAVE RATE FOR
FULL YEAR OF SERVICE
ER 18.02(3)(c)2.2. 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. ER 18.02(3)(c)3.3. 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: ANNUAL LEAVE RATE FOR
FULL YEAR OF SERVICE
ER 18.02(4)(a)(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. ER 18.02(4)(b)(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. ER 18.02(4)(c)(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). ER 18.02(4)(d)(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: ER 18.02(5)(a)(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: ER 18.02(5)(a)2.2. Credit for a combined termination and sabbatical leave plan with such credit being accumulated without limitation. ER 18.02(5)(b)(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: ER 18.02(5)(b)2.2. Credit for a combined termination and sabbatical leave plan with such credit being accumulated without limitation. ER 18.02(5)(b)3.3. 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. ER 18.02(5)(bm)(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. ER 18.02(5)(c)(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. ER 18.02(6)(a)(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). ER 18.02(6)(b)(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: ER 18.02(6)(b)1.1. 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. ER 18.02(6)(b)2.2. 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. ER 18.02(6)(b)3.3. 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. ER 18.02(6)(b)4.4. 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. ER 18.02(6)(b)5.5. 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. ER 18.02(7)(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. ER 18.02 NoteNote: See s. ER 21.04 regarding treatment of leave credits upon resignation from state service. ER 18.02(9)(9) Payment for unused leave upon termination. Upon termination, payment for unused annual leave, including termination and sabbatical leave, shall be made pursuant to: ER 18.02(9)(b)(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. ER 18.02 HistoryHistory: 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. ER 18.03(1)(1) Employees who earn sick leave. Pursuant to s. 230.35 (2), Stats., all employees shall earn sick leave under this rule except: ER 18.03(1g)(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. ER 18.03(1m)(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. ER 18.03 NoteNote: 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. ER 18.03(2)(a)(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. ER 18.03(2)(b)(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. ER 18.03(2)(c)(c) Unused sick leave shall accumulate from year to year in the employee’s sick leave account pursuant to s. 230.35 (2), Stats. ER 18.03 NoteNote: See s. ER 18.05 for sick leave carry-over provisions for project employees. ER 18.03(2)(d)(d) Sick leave shall not be used until it has been accrued. ER 18.03(3)(3) Accounting for use of sick leave. The use of sick leave shall be charged to the employee’s account by the appointing authority. ER 18.03(4)(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: ER 18.03(4)(a)(a) For personal illnesses, bodily injuries, maternity, or exposure to contagious disease: ER 18.03(4)(a)2.2. Which render the employee unable to perform assigned duties; or ER 18.03(4)(a)3.3. Where performance of assigned duties would jeopardize the employee’s health or recovery. ER 18.03(4)(b)(b) For immediate family or personal medical or dental appointments which cannot be scheduled at times other than during work hours. ER 18.03(4)(c)(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. ER 18.03(4)(d)(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. ER 18.03(4)(e)(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. ER 18.03(5)(a)(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).
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