Chapter ER 18

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.

ER 18.05(2)(d) (d) When an employee in employment subject to this chapter moves to unclassified state employment not subject to this chapter, the employee may carry forward any unused accumulated leave credits earned under this chapter to the new place of employment, providing the new appointing authority agrees to assume the obligation for them.

ER 18.05(2)(e) (e) When an employee in employment subject to this chapter terminates and moves to unclassified state employment not subject to this chapter and the new appointing authority is not willing to assume the obligation for any unused accumulated leave credits earned under this chapter, the agency subject to this chapter shall pay the employee a lump sum payment for the leave credits, except that no payment shall be made for sick leave credits.

ER 18.05(2)(f) (f) When a represented classified employee moves to a nonrepresented position subject to this chapter, the employee shall carry forward any unused accumulated leave credits.

ER 18.05(2)(g) (g) When an elected official covered by s. ER 18.03 moves to other employment subject to this chapter, any unused sick leave credits shall be carried forward.

ER 18.05(2)(h) (h) When positions are converted from the unclassified service to the classified service, leave credit benefits for employees who remain in such positions pursuant to a waiver of competition under s. 230.15 (1), Stats., are determined by the administrator.

ER 18.05(3) (3) Transfer of credits by project employees who were permanent employees or unclassified employees. Pursuant to s. 230.27 (2m) (b), Stats., a project employee who has previously been a permanent classified employee or an unclassified employee other than a limited term employee may transfer continuous service and paid leave credits previously earned to the project appointment and from the project appointment to a subsequent project or permanent appointment in a manner consistent with that applied to similar transactions in the permanent classified service, subject to the following:

ER 18.05(3)(a) (a) Transfer of credits to a project appointment.

ER 18.05(3)(a)1. 1. Accumulated leave credits earned as a permanent classified employee or as an unclassified employee other than a limited term employee shall be carried over to a project appointment in the same manner as prescribed under sub. (2) if the project employee would have been able to carry over the leave credits to a permanent appointment.

ER 18.05(3)(a)2. 2. Continuous service credits earned as a permanent classified employee or as an unclassified employee other than a limited term employee shall be carried over to a project appointment in the same manner as prescribed under s. ER 18.02 (2) if the project employee would have been eligible to carry over the continuous service credits to a permanent appointment.

ER 18.05(3)(b) (b) Transfer of credits between project appointments. Accumulated leave and continuous service credits earned during a project appointment shall be carried over upon appointment to a subsequent project appointment if the project employee previously was a permanent classified employee or unclassified employee other than a limited term employee and could have carried over the leave credits if the project appointments had been permanent appointments.

ER 18.05(3)(c) (c) Transfer of credits from a project appointment. Accumulated leave and continuous service credits earned during a project appointment shall be carried over upon a permanent classified or unclassified appointment if the project employee previously was a permanent classified employee or an unclassified employee other than a limited term employee and could have carried over the leave credits if the project appointment had been a permanent appointment.

ER 18.05(4) (4) Transfer of credits by other project employees. Pursuant to s. 230.27 (2m) (a), Stats., a project employee who has not previously been a permanent classified employee or an unclassified employee other than a limited term employee may not transfer continuous service or paid leave credits earned in any project appointment to subsequent project, permanent, or unclassified appointments, subject to the following:

ER 18.05(4)(a) (a) Continuous service. Continuous service credit shall be earned for the duration of employment in the project position. Continuous service is considered interrupted and a new period of continuous service begins upon subsequent project, permanent, or unclassified appointments.

ER 18.05(4)(b) (b) Annual leave. A 6 month qualifying period must be served in each project appointment and subsequent permanent appointment before becoming eligible to use annual leave.

ER 18.05(4)(c) (c) Sick leave. Unused sick leave credits shall be canceled upon subsequent project, permanent, or unclassified appointments.

ER 18.05(4)(d) (d) Holidays. Time off for personal and legal holidays shall be granted under s. ER 18.04.

ER 18.05(6) (6) Leave credit balances. An employee may not overdraw the balance of any leave credit account.

ER 18.05 History History: Renum. from ER-Pers 18.04 (1), cr. (2) to (4) and (6), Register, May, 1988, No. 389, eff. 6-1-88; am. (4) (d), Register, December, 1999, No. 528, No. 528, eff. 1-1-00; correction in (2) (b), (h) under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; CR 18-006: am. (2) (b) Register July 2018 No. 751, eff. 8-1-18.

ER 18.06 ER 18.06 Leave with pay due to work-related injury. Certain employees and elected officials other than members of the legislature, circuit and appeals court judges and justices of the supreme court, who are unable to work due to injuries incurred in line of duty and hazardous employments shall continue to receive their salaries, according to the provisions of s. 230.36, Stats., and ch. ER 28.

ER 18.06 History History: Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. Register, February, 1981, No. 302, eff. 3-1-81; renum. from ER-Pers 18.06 and am. Register, May, 1988, No. 389, eff 6-1-88.

ER 18.08 ER 18.08 Military service.

ER 18.08(1) (1) National guard, state guard, reserve corps. For project employees, eligibility for annual military leave under s. 230.35 (3), Stats., shall be earned after completion of the first 12 months of employment in a project position. If prior eligibility has been attained in a permanent, seasonal, sessional, or unclassified position and the employee has been appointed to the project position without an interruption of continuous service, such prior eligibility shall be retained.

ER 18.08 Note Note: See s. 230.35 (3), Stats., for provisions regarding attendance at duly ordered military and naval schools, annual field training and naval exercises by employees and elected officials other than members of the legislature, circuit and appeals court judges and justices of the supreme court.