Chapter ER 18

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;

ER 18.15(2)(b) (b) Satisfy all of the following conditions:

ER 18.15(2)(b)1. 1. Complete the first 6 months of service as a permanent classified, project or unclassified employee.

ER 18.15(2)(b)2. 2. Be absent from pay status due to a catastrophic need of the employee or an immediate family member. Absence from pay status may occur in noncontinuous increments.

ER 18.15(2)(b)3. 3. Anticipate an absence from pay status of at least 160 hours duration. The 160 hours shall be prorated for seasonal, sessional, school year, and part-time employees.

ER 18.15(2)(b)4. 4. Provide medical certification of the catastrophic need if required by the appointing authority.

ER 18.15(2)(b)5. 5. Use all available sick leave credits.

ER 18.15(2)(b)6. 6. Have a leave balance of no more than 16 hours of combined accrued annual leave, including sabbatical or termination leave, and holiday credits.

ER 18.15(2)(b)7. 7. May not be receiving other salary replacement income.

ER 18.15(2)(b)8. 8. Be approved as an eligible recipient by the appointing authority or a designee.

ER 18.15(3) (3) Determining donor eligibility. To be an eligible donor, an employee shall satisfy the conditions under par. (a) or (b):

ER 18.15(3)(a) (a) Be an eligible donor under a catastrophic leave program under a collective bargaining agreement under subch. V of ch. 111, Stats., or;

ER 18.15(3)(b) (b) Satisfy all of the following conditions:

ER 18.15(3)(b)1. 1. Complete the first 6 months of service as a permanent classified, project or unclassified employee.

ER 18.15(3)(b)2. 2. Have at least one year of continuous service.

ER 18.15(4) (4) Leave credit donations and usage.

ER 18.15(4)(a) (a)

ER 18.15(4)(a)1. 1. Subject to subds. 2. to 5., a donor may donate leave credits to one or more recipients in any calendar year.

ER 18.15(4)(a)2. 2. The total amount of leave credits donated by a donor to all recipients in any calendar year may not exceed 24 hours. The 24 hour limit shall be prorated for seasonal, sessional, school year, and part-time employees.

ER 18.15(4)(a)3. 3. A donor may donate leave credits only to recipients within the same agency, except that donations may be made to recipients in different agencies with the approval of the donor’s appointing authority and the recipient’s appointing authority.

ER 18.15(4)(a)4. 4. Leave credit donations shall be in whole hour increments and on an hour-for-hour basis irrespective of the base hourly rates of the donor and recipient.

ER 18.15(4)(a)5. 5. Leave credits donated in excess of the maximum number of leave credits required for a recipient shall be returned to the donor.

ER 18.15(4)(b) (b) A recipient may not receive more than 640 hours of donated leave credits during any calendar year. The 640 hour limit shall be prorated for seasonal, sessional, school year, and part-time employees. The donated leave credits shall be used in order of receipt.

ER 18.15(4)(c) (c) In a biweekly pay period, a recipient may not use more than 80 hours of leave or the number of hours consistent with the recipient’s regularly scheduled hours per pay period at the time the unpaid leave commenced, whichever is less.

ER 18.15(4)(d) (d) Leave credits earned by a recipient shall be used prior to using donated leave credits, subject to sub. (2) (b) 5. and 6. The appointing authority shall determine the increments in which leave credits are deducted.

ER 18.15(4)(e) (e) If a recipient or donor no longer meets the definition of employee under sub. (1) (c), moves to another agency, or separates from employment, all unused donated leave credits shall be returned to the donor.

ER 18.15(4)(f) (f) Leave credits donated to a recipient are not subject to limitations on end of year carryover of leave credits under ss. ER 18.02 (6) (b) and 18.04 (4) (c).

ER 18.15(4)(g) (g) Donors shall have the remainder of the calendar year and the first 6 months of the ensuing calendar year in which to use previously donated leave credits returned to the donor during the last 6 months of the calendar year.

ER 18.15(4g) (4g) Credit transfers between covered employees in different agencies may occur with the affected agencies’ approval.

ER 18.15(4m) (4m) If an employee is covered by a catastrophic leave program under a collective bargaining agreement under subch. V of ch. 111, Stats., the provisions of the applicable collective bargaining agreement shall determine eligibility, limitations on the receipt, donation and usage of leave and other conditions of catastrophic leave as they apply to that employee.

ER 18.15(5) (5) Appeal provisions. No employee may grieve under an agency’s grievance procedure any appointing authority’s decision relating to a catastrophic leave program or appeal any such decision to the commission under s. 230.44 or 230.45 (1) (c), Stats.

ER 18.15 History History: Cr., Register, June, 1997, No. 498, eff. 7-1-97; emerg. am. (1) (c), (2) to (3) (a), (4) (a) 3., cr. (4m), eff. 10-12-97; am. (1) (c), (2) (intro.), (3) (intro.), (4) (a) 3., renum. (2) (a) to (h), (3) (a) and (b) to be (2) (b) 1. to 8., (3) (b) 1. and 2., cr. (2) (a), (b) (intro.), (3) (a), (b) (intro.) and (4m), Register, March, 1998, No. 507, eff. 4-1-98; correction in (4) (d) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1998, No. 507; CR 04-139: am. (1) (c), (2) (b) 1., 2., 3., 5., (3) (b) 1. and (4g), Register June 2005 No. 594, eff. 7-1-05; CR 18-006: am. (1) (c) Register July 2018 No. 751, eff. 8-1-18.

ER 18.16 ER 18.16 Paid leaves for providing certain disaster relief services. As provided in s. 230.35 (3) (e), Stats., an appointing authority may grant a paid leave of absence to a state employee to allow the employee to participate in providing specialized disaster relief services if the conditions in s. 230.35 (3) (e), Stats., are met.

ER 18.16 History History: Cr. Register, December, 1999, No. 528, eff. 1-1-00.

ER 18.17 ER 18.17 Paid leave to serve as a bone marrow or organ donor. As provided in s. 230.35 (2d), Stats., an appointing authority shall grant paid leave of absence to a state employee who serves as a bone marrow or organ donor under the conditions provided in s. 230.35 (2d), Stats.

ER 18.17 History History: CR 04-139: cr. Register June 2005 No. 594, eff. 7-1-05.

ER 18.18 ER 18.18 Paid leave to serve as an election official. As provided in s. 7.33, Stats., an appointing authority shall grant leave without loss of pay to a state employee who serves as an election official.

ER 18.18 History History: CR 18-006: cr. Register July 2018 No. 751, eff. 8-1-18.