Chapter ER 42

Register June 2005 No. 594

Chapter ER 42

ALTERNATIVE WORK PATTERNS

ER 42.01   Policy.

ER 42.02   Definitions.

ER 42.03   Alternative work patterns plan.

ER 42.04   Plan components.

ER 42.05   Review of plans.

ER 42.06   Monitoring and evaluation.

ER 42.07   Request for information.

Ch. ER 42 Note Note: Corrections made under s. 13.93 (2m) (b) 6., Stats., Register December 2003 No. 576.

ER 42.01 ER 42.01 Policy. Recognizing the need to maximize the employment options available to existing and potential state employees and to maintain or increase agency efficiency and service to the public, it is the policy of the state to provide alternative work patterns in a manner consistent with the needs of state service.

ER 42.01 History History: Cr. Register, February, 1984, No. 338, eff. 3-1-84.

ER 42.02 ER 42.02 Definitions. In this chapter:

ER 42.02(1) (1) “Alternative work patterns” means work schedules which differ from the standard work schedule for full-time permanent or project employment, including but not limited to: part-time, shared time and flexible-time schedules which may result from position restructuring, the creation of additional part-time positions, or other work schedule changes.

ER 42.02(2) (2) “Flexible-time schedule” means a work schedule which includes designated hours during which the employee may, with the approval of the supervisor and under work unit plans approved by the appointing authority, elect an alternative time of arrival for and departure from work. It may also include required days or hours during which an employee subject to the work schedule must be present for work.

ER 42.02(3) (3) “Full-time employment” means permanent or project employment that requires the services of an employee for a minimum of 2088 hours on an annual basis.

ER 42.02(4) (4) “Part-time employment” means permanent or project employment that requires the services of an employee for more than 600 hours, but less than 2088 hours on an annual basis.

ER 42.02(5) (5) “Position restructuring” means regrouping the duties and responsibilities of a position to allow for part-time employment, shared time, or flexible-time work schedules.

ER 42.02(7) (7) “Shared time” means coordinated permanent or project part-time employment involving 2 or more persons sharing the same duties and responsibilities of a budgeted position.

ER 42.02(8) (8) “Standard work schedule” means the typical designation and duration of work hours for a given position in an employing unit.

ER 42.02 History History: Cr. Register, February, 1984, No. 338, eff. 3-1-84; renum. (3) to (5) to be (5), (7) and (8) cr. (3) and (4), Register, May, 1988, No. 389, eff. 6-1-88.

ER 42.03 ER 42.03 Alternative work patterns plan. In accordance with the timetables and file with the administrator a biennial alternative work patterns plan that:

ER 42.03(1) (1) Applies to all classified employees except an employee covered by a collective bargaining agreement under subch. V of ch. 111, Stats.;

ER 42.03(2) (2) Provides policies and procedures to implement this state’s alternative work patterns policies under s. ER 42.01 and s. 230.215, Stats.; and

ER 42.03(3) (3) Includes the minimum plan components described in s. ER 42.04.

ER 42.03 History History: Cr. Register, February, 1984, No. 338, eff. 3-1-84; am. (1), Register, May, 1988, No. 389, eff. 6-1-88; correction in (intro.) under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

ER 42.04 ER 42.04 Plan components. Each agency plan under s. ER 42.03 shall include the following components:

ER 42.04(1) (1) A policy statement which affirms the commitment of the appointing authority to ensure that written requests of employees for alternative work patterns shall be approved in accordance with the agency approved plan, state policy under s. ER 42.01 and s. 230.215, Stats., and standards established by the administrator.

ER 42.04(2) (2) An analysis of employee interest in alternative work patterns, including the extent to which the agency has been able to accommodate written requests for alternative work patterns.

ER 42.04(3) (3) Identification of state and agency policies and practices which impede development or implementation of alternative work patterns policies or procedures.

ER 42.04(4) (4) An update of policies initiated or actions taken which have affected positions identified for alternative work patterns, including the restructuring of positions and the rationale for that action.

ER 42.04(5) (5) An evaluation of the agency’s performance in implementing the provisions and achievement of the goals of the previous plan.

ER 42.04(6) (6) Appointment of an alternative work patterns coordinator within the agency personnel office.

ER 42.04(7) (7) Description of programs to inform all employees of the agency’s alternative work patterns policy statements and plan.

ER 42.04(8) (8) Identification of a system for regularly monitoring the effectiveness and progress of the program in meeting the plan objectives, including identification of mechanisms for updating and modification of the program.

ER 42.04 History History: Cr. Register, February, 1984, No. 338, eff. 3-1-84; correction in (1) under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

ER 42.05 ER 42.05 Review of plans. The administrator shall review all agency alternative work patterns plans, as follows:

ER 42.05(1) (1) Approval of plans that meet standards established by the administrator and notification of the appointing authority of such approval.

ER 42.05(2) (2) Provision of written recommendations and rationale to the respective agency for any plan which does not meet the established standards.

ER 42.05(3) (3) Provision of technical assistance to assist the agency in achieving compliance with the standards.

ER 42.05(4) (4) Opportunity for the respective agency to review the administrator’s findings and respond in writing.

ER 42.05(5) (5) Review and consideration of an agency’s response to the initial findings, resulting in a declaration of findings that the agency is either in compliance or noncompliance under ss. ER 42.03 and 42.04.

ER 42.05(6) (6) Recommendation of procedures designed to enable the agency to achieve compliance with the standards.

ER 42.05 History History: Cr. Register, February, 1984, No. 338, eff. 3-1-84; correction in (intro.), (1), (4) under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

ER 42.06 ER 42.06 Monitoring and evaluation. On an ongoing basis, the administrator shall monitor and evaluate each agency’s progress toward alternative work patterns goals and objectives in implementing the policy of the state and shall make specific recommendations regarding methods through which the respective agencies may improve their efforts.

ER 42.06 History History: Cr. Register, February, 1984, No. 338, eff. 3-1-84; correction under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

ER 42.07 ER 42.07 Request for information. Upon request of the administrator, the appointing authority shall provide information concerning employees involved in their alternative work patterns program. Confidentiality of information shall be maintained by the administrator under state or federal law.

ER 42.07 History History: Cr. Register, February, 1984, No. 338, eff. 3-1-84; correction under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.