Chapter ER 29

ER 29.03(5)(a) (a) In schedules where appropriate, when an employee transfers, the base rate paid may be any rate within the pay range which is not greater than the last base pay rate received in the employee’s former position with the following exceptions:

ER 29.03(5)(a)1. 1. Employees who are not serving a probationary period shall receive a base pay rate not less than PSICM for the class.

ER 29.03(5)(a)2. 2. Employees who are involuntarily transferred for reasons other than disciplinary reasons shall retain their present rate of pay. If the present rate of pay exceeds the new pay range maximum, it shall be red circled and continued under the provisions of s. ER 29.025.

ER 29.03(5)(b) (b) Employees whose pay has been red circled and who voluntarily transfer to a different position shall lose their red circled rate.

ER 29.03(6) (6) Pay on reinstatement.

ER 29.03(6)(am) (am) When an employee who has not held permanent status in class within the last 5 years is reinstated, pay on reinstatement shall be determined in accordance with the appropriate provisions regarding pay on original appointment contained in the compensation plan adopted under s. 230.12, Stats., or a collective bargaining agreement under subch. V of ch. 111, Stats.

ER 29.03(6)(b) (b) For the purposes of par. (c) “last rate received” means the highest base pay rate received in any position from which reinstatement eligibility is derived and in which the employee held permanent status in class, within the last 5 years.

ER 29.03(6)(c) (c)

ER 29.03(6)(c)1. 1. Except as provided in subds. 2., 3. and 4., when an employee is reinstated, the base pay may be at any rate which is not greater than the last rate received plus intervening compensation plan adjustments pursuant to s. 230.12, Stats., or contractual adjustments pursuant to s. 111.92, Stats. When such adjustments are discretionary the amount shall be limited to the amount which would have been generated by the employee. The adjustments applied to the employee’s last rate received shall be that of the appropriate pay schedule and class from which reinstatement eligibility is derived subject to the following:

ER 29.03(6)(c)1.a. a. Employees placed on probation when reinstated shall be paid not less than the minimum of the pay range to which the class is assigned.

ER 29.03(6)(c)1.b. b. Employees not placed on probation when reinstated shall be paid not less than the PSICM of the pay range to which the class is assigned.

ER 29.03(6)(c)1.c. c. Employees shall not be paid more than the maximum of the pay range to which the class is assigned.

ER 29.03(6)(c)2. 2. When an employee is reinstated following layoff the base pay shall be calculated in accordance with subd. 1. However, if the employee is reinstated to the highest level vacancy available for which the employee is qualified within the agency from which layoff occurred, and if the last rate received in the position from which layoff occurred exceeds the maximum of the new range, the employee may be paid any base pay rate which does not exceed that last rate received, subject to subd. 1. (intro.), a. and b.

ER 29.03(6)(c)3. 3. The administrator may waive the limit on intervening discretionary compensation plan adjustments provided in subd. 1. intro. upon reinstatement of an employee following employment in the unclassified service if the work in the unclassified service was closely related to and at a higher level than the work of the position to which reinstated. Upon approval by the administrator, intervening discretionary compensation plan adjustments shall not be limited by the amount which should have been generated but shall be subject to the limits specified in the compensation plan and s. 230.12, Stats.

ER 29.03(6)(c)4. 4. When the position to which an employee is reinstated is in a higher class than the highest position currently occupied and the employee’s pay rate is red circled in the highest position currently held, the base pay shall be calculated in accordance with subd. 1. However, if the employee’s red circled pay rate exceeds the maximum of the new pay range, the employee may be paid any base pay rate which does not exceed the red circled pay rate, subject to subd. 1. a. and b.

ER 29.03(7) (7) Pay on restoration.

ER 29.03(7)(a) (a) For the purposes of this subsection,“last rate received” means the last base pay rate received in the position from which restoration rights are derived.

ER 29.03(7)(b) (b) When an employee is restored following military service, pursuant to s. 230.32, Stats., following approved leave of absence without pay under s. ER 18.14, or following noncompletion of a promotional probationary period within an agency under s. ER-MRS 14.03 (1), the employee shall receive a base rate equal to the last rate received plus intervening adjustments identified under s. ER 29.04 (13) or (14). When such adjustments are discretionary, the amount shall be limited to the amount which would have been generated by the employee. The adjustments applied to the employee’s last rate received shall be that of the appropriate pay schedule for the class from which restoration rights are derived.

ER 29.03(7)(c) (c) When an employee is restored following a layoff pursuant to s. 230.34 (2), Stats., to the highest level vacancy for which he or she is qualified within the employing unit or agency from which the employee was laid off, the pay on restoration shall be calculated in accordance with par. (b).

ER 29.03(7)(d) (d) When an employee is restored following a layoff pursuant to s. 230.34 (2), Stats., to a vacancy at a lower level than the highest level vacancy for which the employee is qualified in the employing unit, the employee’s rate of pay shall be calculated in accordance with par. (b), subject to the maximum of the pay range to which the class is assigned.

ER 29.03(7)(e) (e) If the employee’s base pay on restoration pursuant to par. (b) or (c) exceeds the new pay range maximum, it shall be red circled under the provisions of s. ER 29.025.

ER 29.03(7)(f) (f) When an employee is restored in accordance with an order of the Wisconsin Employment Relations Commission or a court action, the employee’s rate of pay shall be as ordered by the commission or court.

ER 29.03(8) (8) Pay on demotion.

ER 29.03(8)(a) (a) An employee demoted for disciplinary purposes may receive any base pay rate within the new pay range as defined under s. ER 1.02 (23) which is not greater than the last rate received and not less than PSICM.

ER 29.03(8)(b) (b) An employee who voluntarily demotes may receive any base pay rate within the new pay range which is not greater than the last rate received, except employees who are not serving a probationary period shall receive a base pay rate not less than PSICM.

ER 29.03(8)(bm) (bm) Notwithstanding par. (b), an employee who voluntarily demotes within the agency after the employee has been notified in writing by the appointing authority that layoffs may occur in the agency and the employee’s position may be affected by the impending layoffs, may be allowed to retain his or her present rate of pay if the demotion is to a position no more than three pay ranges or counterpart pay ranges lower than the pay range of the position from which the employee is demoting. If the present rate of pay is above the maximum for the new class, it may be red circled, subject to s. ER 29.025.

ER 29.03(8)(c) (c) An employee who exercises a mandatory right of demotion as a result of layoff to the highest level vacancy available for which the employee is qualified within the agency from which the layoff occurred, and an employee who exercises displacement rights and demotes pursuant to s. ER-MRS 22.08 (3) shall retain his or her present rate of pay. If the present rate of pay is above the maximum for the new class, it shall be red circled, subject to s. ER 29.025.

ER 29.03(8)(d) (d) An employee’s pay rate shall be established pursuant to par. (b) if he or she chooses to demote:

ER 29.03(8)(d)1. 1. Within the agency as a result of layoff to a vacancy other than the highest level vacancy available for which the employee is qualified within the agency;

ER 29.03(8)(d)2. 2. Between agencies as a result of layoff.

ER 29.03(8)(e) (e) An employee who demotes within the agency as a result of layoff when the demotion is a permissive appointment to the highest level vacancy available for which the employee is qualified within the agency from which layoff occurred shall have his or her pay on demotion established pursuant to par. (b). However, if the present rate of pay is above the maximum for the new class the employee may be paid any base pay rate which does not exceed the last base pay rate received in the position from which layoff occurred.

ER 29.03(9) (9) Pay on accretion. Under s. 230.15 (1), Stats., when the state becomes responsible for a function previously administered by another governmental agency or a quasi-public or private enterprise or when positions in the unclassified service, excluding employees of the legislature, are determined to be more appropriately included in the classified service, the administrator shall determine the appropriate pay subject to the following:

ER 29.03(9)(a) (a) Employees placed on probation shall be paid not less than the minimum of the pay range to which the class is assigned.

ER 29.03(9)(b) (b) Employees not placed on probation shall be paid not less than the PSICM of the pay range to which the class is assigned.

ER 29.03(9)(c) (c) Employees shall not be paid more than the maximum of the pay range to which the class is assigned.

ER 29.03 History History: Cr. (2m), (3) (b) (intro.), 1. intro. and c., 2., (c) (intro.), 2. and 3., (4) (a), (6) (a), (c) 1. c. and 2. to 4., (7) (a) and (c) to (e), (8) (c) to (e) and (9); (1), (2), (3) (a) to (e), (4) (b), (5), (6) (b), (6) (c) 1. intro., a. and b., (7) (b) and (f), (8) (a) to (c) renum. from ER-Pers 29.03 (3), Register, May, 1988, No. 389, eff. 6-1-88; correction in (2) (a), (4) (a) 1., f., (7) (b) and (8) (c) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; emerg. cr. (8) (bm), eff. 3-18-96; cr. (8) (bm), Register, July, 1996, No. 487, eff. 8-1-96; am. (6) and cr. (6) (am), Register, December, 1999, No. 528, eff. 1-1-00; CR 04-139: r. (2m) and (6) (a); am. (6) (am) and (b) Register June 2005 No. 594, eff. 7-1-05; correction in (3) (a), (6) (c) 3., (9) (intro.) under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

ER 29.04 ER 29.04 Multiple pay adjustments on same date, order of application. Multiple pay adjustments that are effective on the same date will be applied in the following order:

ER 29.04(1) (1) Completion of the first 6 months of a probationary period, career executive trial period, or project appointment.

ER 29.04(2) (2) Regrading an employee as a result of a reallocation decision.

ER 29.04(3) (3) Regrading an employee as a result of a reclassification decision.

ER 29.04(4) (4) Assignment of an attorney to a regrade point.

ER 29.04(5) (5) Promotion.

ER 29.04(6) (6) Career executive voluntary movement to a higher class.

ER 29.04(7) (7) Demotion.

ER 29.04(8) (8) Career executive reassignment or voluntary movement to a lower class.

ER 29.04(9) (9) Transfer.

ER 29.04(10) (10) Career executive reassignment or voluntary movement to a class assigned to the same pay range.

ER 29.04(11) (11) Reinstatement.

ER 29.04(12) (12) Restoration.

ER 29.04(13) (13) Compensation plan or contractual adjustments pursuant to s. 230.12 (3) or 111.92, Stats., respectively, including but not limited to within range pay adjustments other than those made under subs. (1) through (12) and (15).

ER 29.04(14) (14) Compensation plan schedule adjustments under s. 230.12, Stats. New minimums, PSICMs and regrade point minimums of the pay schedules go into effect after adjustments listed in subs. (1) through (13) are made.

ER 29.04(15) (15) Establishment of a raised minimum rate.

ER 29.04(16) (16) Original appointment.

ER 29.04 History History: Cr. Register, February, 1981, No. 302, eff. 3-1-81; r. and recr. (1) to (3), renum. (4) to (7) to be (5), (13), (14) and (16) and am. (5) and (16), cr. (4), (6) to (12), (15) and (17), Register, February, 1983, No. 326, eff. 3-1-83; renum. from ER-Pers 29.04 and am. (1), (6), (13) and (14), r. (16), renum. (17) to be (16), Register, May, 1988, No. 389, eff. 6-1-88; cr. (intro.), Register, December, 1999, No. 528, eff. 1-1-00; CR 01-140: am. (10) Register April 2002 No. 556 eff. 5-1-02.

ER 29.05 ER 29.05 Retroactive salary increase or decrease. Except for action in accordance with ss. 230.43 (4), 230.44 (4) (c) and 230.45, Stats., or to correct an error, no pay increases or decreases shall be retroactive.

ER 29.05 History History: Cr. Register, February, 1981, No. 302, eff. 3-1-81; renum. from ER-Pers 29.05, Register, May, 1988, No. 389, eff. 6-1-88.