Chapter ER 18

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.

ER 18.08(2) (2) Active service. See s. 230.32, Stats.

ER 18.08 History History: Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. (1), Register, December, 1976, No. 252, eff. 1-1-77; am. Register, February, 1981, No. 302, eff. 3-1-81; renum from ER-Pers 18.08 and am. Register, May, 1988, No. 389, eff 6-1-88; CR 18-006: am. (1) Register July 2018 No. 751, eff. 8-1-18.

ER 18.09 ER 18.09 Civilian service. Service during a period officially proclaimed to be a national emergency or limited national emergency. See s. 230.32 (1), Stats.

ER 18.09 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 18.09, Register, May, 1988, No. 389, eff 6-1-88.

ER 18.10 ER 18.10 Jury service. As provided in s. 230.35 (3) (c), Stats., employees and elected officials, except limited term employees and members of the legislature, circuit and appeals court judges and justices of the supreme court summoned for grand or petit jury service shall be entitled to leave with pay. However, when not impaneled for actual service and only on call, the employee or elected official shall report back to work unless authorized by the appointing authority to be absent from the work assignment.

ER 18.10 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 18.10 and am. Register, May, 1988, No. 389, eff. 6-1-88.

ER 18.11 ER 18.11 Voting time. Pursuant to ss. 6.76 and 230.35 (4) (e), Stats., an employee who is eligible to vote but is unable to vote during nonworking hours shall be granted time off with pay for not to exceed 3 consecutive hours upon written application to the employee’s appointing authority at least 2 work days prior to the election date. Such application shall state the need and the amount of reasonable time off required to exercise this right. The appointing authority may designate the time of day that the employee shall be allowed the time off.

ER 18.11 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 18.13, Register, May, 1988, No. 389, eff. 6-1-88; CR 04-139: am. Register June 2005 No. 594, eff. 7-1-05.

ER 18.12 ER 18.12 Leaves of absence for civil service interviews. Each employee with permanent status in class shall be eligible for and may request up to 16 hours paid leave time each calendar year for the purpose of competing in no more than 2 Wisconsin State Civil Service interviews when such interviews are conducted during an employee’s scheduled work time. Employees shall be granted such requests provided due notice has been given by the employee and work coverage will not be interrupted. Such time shall not exceed the number of hours reasonably required to attend such interviews, including travel time. Leave time for more than 2 interviews in each calendar year may be granted to employees at the discretion of the appointing authority.

ER 18.12 History History: Cr. Register, October, 1972, No. 202, eff. 11-1-72; r. and recr. Register, February, 1981, No. 302, eff. 3-1-81; renum. from ER-Pers 18.14, Register, May, 1988, No. 389, eff. 6-1-88; CR 18-006: am. Register July 2018 No. 751, eff. 8-1-18.

ER 18.13 ER 18.13 Leave of absence by employees and certain elected officials for military preinduction physical examination. See s. 230.35 (3) (b), Stats.

ER 18.13 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 18.15, Register, May, 1988, No. 389, eff 6-1-88.

ER 18.14 ER 18.14 Leave of absence without pay.

ER 18.14(1) (1) Eligibility. Permanent classified employees may be granted a leave of absence without pay subject to the provisions of sub. (2).

ER 18.14(2) (2) When granted.

ER 18.14(2)(a) (a) Formal leave. Any permanent classified employee, may request a leave of absence without pay for a period not to exceed one year. Such leave may be granted by the appointing authority when it will not result in prejudice to the interests of the state as an employer beyond any benefits to be realized upon the employee’s return to the service. A leave of absence may be extended on a year to year basis for an additional 2 years with the approval of the appointing authority. No formal leave of absence shall exceed 3 years except as provided under par. (f).

ER 18.14(2)(b) (b) Leave to serve in unclassified position. See s. 230.33, Stats.

ER 18.14(2)(c) (c) Summer leave. Employees whose services are not required at institutions or schools during a summer recess shall be considered to be on leave of absence without pay.

ER 18.14(2)(d) (d) Maternity leave. Upon request of the employee, maternity leaves of absence shall be granted for a period of time requested by the employee, not to exceed 6 consecutive months. Upon request of the employee, the appointing authority may extend or renew a maternity leave of absence for additional periods of time, not to exceed a total of 6 months. Part or all of the original leave, extension or renewal may be covered by sick leave pursuant to s. ER 18.03 (4) (a), leave of absence without pay, earned annual leave, sabbatical leave, holiday leave, compensatory time off at the employee’s discretion, or anticipated annual leave subject to s. ER 18.02 (6).

ER 18.14(2)(e) (e) Paternity, adoption and pre-adoptive foster care. Upon request of the employee, leaves of absence for paternity, adoption and pre-adoptive foster care shall be granted for a period of time requested by the employee, not to exceed 6 consecutive months. Upon request of the employee, the appointing authority may extend or renew paternity, adoption and pre-adoptive foster care leaves of absence for additional periods of time, not to exceed a total of 6 months. Part or all of the original paternity, adoptive or pre-adoptive foster care leave, extension or renewal may be covered by leave of absence without pay, earned annual leave, sabbatical leave, holiday leave, compensatory time off at the employee’s discretion, or anticipated annual leave subject to s. ER 18.02 (6).

ER 18.14(2)(f) (f) Leave to serve in a project appointment. An appointing authority may grant a leave of absence without pay for not more than 4 years to an employee who voluntarily accepts a project appointment.

ER 18.14(3) (3) Absence without leave. Any absence of an employee that is not authorized under chs. ER 1 to 47 shall be considered as an absence without leave. Any such absence may be grounds for disciplinary action.

ER 18.14 Note Note: Also see s. ER 21.03 regarding abandonment.

ER 18.14(4) (4) Failure to return from leave. The date the leave of absence expires shall be considered the last day worked.

ER 18.14 Note Note: See s. ER 21.03 for other provisions regarding failure to return from leave.

ER 18.14 History History: Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. (1) (b) and cr. (1) (d), Register, September, 1975, No. 237, eff. 10-1-75; am. (2), Register, December, 1976, No. 252, eff. 1-1-77; r. (1) (a), renum. (1) (b) to be (1) (a) and am., cr. (1) (b), (e) and (f), r. and recr. (1) (d), am. (2), cr. (4), Register, February, 1981, No. 302, eff. 3-1-81; am. (1) (a) and (d) and (2), Register, February, 1983, No. 326, eff. 3-1-83; renum. from ER-Pers 18.05 and r. (1) (e) and (f) (2), renum. (1) to be (2) and am. (2) (a) and (d), am. (3) and (4), cr. (1), (2) (e) and (f), Register, May, 1988, No. 389, eff. 6-1-88.

ER 18.15 ER 18.15 Catastrophic leave.

ER 18.15(1) (1) Definitions. In this section:

ER 18.15(1)(a) (a) “Catastrophic need” has the meaning given in s. 230.35 (2r) (a), Stats.

ER 18.15(1)(b) (b) “Donor” means any person meeting the eligibility requirements under sub. (3).

ER 18.15(1)(c) (c) “Employee” means any person who receives remuneration for services rendered to the state under an employer-employee relationship, except unclassified employees of the State of Wisconsin Investment Board, elected officials and limited term employees.

ER 18.15(1)(d) (d) “Leave credits” means earned but unused termination leave, sabbatical leave, personal and legal holiday time, and anticipated and earned but unused annual leave, subject to s. 230.35 (1) (b), Stats. “Leave credits” does not include sick leave credits or compensatory time off credits.

ER 18.15(1)(e) (e) “Recipient” means any person meeting the eligibility requirements under sub. (2).

ER 18.15(2) (2) Determining recipient eligibility. To be an eligible recipient, an employee shall satisfy the conditions under par. (a) or (b):

ER 18.15(2)(a) (a) Be an eligible recipient under a catastrophic leave program under a collective bargaining agreement under subch. V of ch. 111, Stats., or;