Chapter ER 18

ER 18.02(5) (5) Employee option.

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)1. 1. Annual leave during the year earned or as authorized pursuant to sub. (7).

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)1. 1. Annual leave during the year earned or as authorized pursuant to sub. (7).

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) (6) When annual leave may be taken.

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(6)(b)6. 6. Employees may use annual leave as provided in s. ER 18.15 (4) (f) and (g).

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

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(9)(c) (c) Section 40.02 (22) (b) 6., Stats., for termination as a result of disability.

ER 18.02 History 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.

ER 18.03 ER 18.03 Sick leave.

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(1)(a) (a) Limited term employees;

ER 18.03(1)(b) (b) Members of the organized militia referenced under s. 20.923 (6) (c), Stats.;

ER 18.03(1)(c) (c) Those employees referenced in s. 230.08 (2) (j), 1993 Stats.

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 Note 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.

ER 18.03(2) (2) Accrual of sick leave.

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 Note Note: 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)1. 1. Which require the employee’s confinement;

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) (5) Sick leave credit continuation.

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).

ER 18.03(5)(b) (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.

ER 18.03(6) (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.

ER 18.03(7) (7) Adjustment to sick leave balance.

ER 18.03(7)(a) (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.

ER 18.03(7)(b) (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.

ER 18.03 Note 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.

ER 18.03 History 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.

ER 18.04 ER 18.04 Holidays.

ER 18.04(1) (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.

ER 18.04(2) (2) Compensatory time.

ER 18.04(2)(a) (a) Employees shall receive equivalent time off when the legal holiday falls on the employee’s regularly scheduled day off.

ER 18.04(2)(b) (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.

ER 18.04(2)(b)1. 1. Regular rate is defined in the compensation plan established under s. 230.12 (6), Stats.

ER 18.04(2)(b)2. 2. Compensatory time off shall be scheduled at the discretion of the appointing authority.

ER 18.04(2)(b)3. 3. 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.

ER 18.04(2)(b)4. 4. 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.

ER 18.04(2)(b)5. 5. 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.

ER 18.04(3) (3) Eligibility for legal holidays.

ER 18.04(3)(a) (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.

ER 18.04(3)(b) (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:

ER 18.04(3)(b)1. 1. Work on the holiday;

ER 18.04(3)(b)2. 2. Be in pay status on the last scheduled work day immediately preceding the holiday; or

ER 18.04(3)(b)3. 3. Be in pay status on the first scheduled work day immediately following the holiday.

ER 18.04(3)(c) (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.

ER 18.04(4) (4) Personal holidays.

ER 18.04(4)(a) (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.

ER 18.04(4)(b) (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).

ER 18.04(4)(c) (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).

ER 18.04(4)(d) (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.

ER 18.04 Note Note: See s. 230.35 (4) (d), Stats.

ER 18.04 History 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.

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

ER 18.05(1) (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.

ER 18.05(2) (2) Transfer of credits by permanent classified or unclassified employees.

ER 18.05(2)(a) (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.

ER 18.05(2)(b) (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.

ER 18.05(2)(c) (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.