Chapter ER-MRS 22

ER-MRS 22.08(2) (2) Demotion. If no transfer under sub. (1) is available and if there is a vacancy available within the agency for which the employee is qualified to perform the work after being given the customary orientation provided to newly hired workers in such positions, an appointing authority shall offer the employee a demotion to that vacancy. This offer shall be subject to the criteria for a reasonable offer of appointment under s. ER-MRS 22.09 and the following:

ER-MRS 22.08(2)(a) (a) An employee demoted under this subsection immediately attains permanent status in class in the class to which the employee is demoted, except that an employee who is serving a promotional probationary period must complete that probationary period in the new position if that position is at a higher level than the position from which the employee promoted.

ER-MRS 22.08(2)(b) (b) For pay provisions regarding an employee who is demoted by the appointing authority, as a result of a layoff to the highest level vacancy available for which the employee is qualified, see s. ER 29.03 (8) (c) or the compensation plan.

ER-MRS 22.08(2)(c) (c) For pay provisions regarding an employee who chooses, with the approval of the appointing authority, to be demoted as a result of layoff to a vacancy which is at a lower level than other available vacancies to which the employee could be demoted or transferred under sub. (1), see s. ER 29.03 (8) (d) 1. or the compensation plan.

ER-MRS 22.08 History History: Cr. Register, October, 1972, No. 202, eff. 11-1-72; emerg. am. 4-25-75; am., Register, September, 1975, No. 272, eff. 10-1-72; (intro.), (1) and (2) renum. from Pers 22.04 and am., r. (3) and (4), cr. (3), Register, February, 1981, No. 302, eff. 3-1-81; am. (intro.), (1) (a) 1. and 2., (b) and (c), cr. (1) (b) 3., renum. (2) and (3) to be (3) and (2) and am., Register, February, 1983, No. 326, eff. 3-1-83; am. (1) (a) 1. and 2., (b) 3., (2) (intro.) and (a), (b) 2., (3) (a) and (c), Register, May, 1988, No. 389, eff. 6-1-88; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; emerg. am. (3) (a) 1., eff. 6-12-95; am. (3) (a) 1., Register, December, 1995, No. 480, eff. 1-1-96; CR 04-138: am. (2) (a) 2. and 3., (2) (b) 2., (3) (a) 2. and (3) (c) Register June 2005 No. 594, eff. 7-1-05; correction in (3) (a) 2. made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717; CR 18-006: am. (intro.), renum. (1) (a) (intro.) to (1) and am., r. (1) (a) 1., 2., (b) 3., (c), am. (2) (intro.), consol. (2) (a) (intro.) and 1. and renum. to (2) (a) and am., renum. (2) (a) 2., 3. to (2) (b), (c) and am. (c), r. (2) (b), (3) Register July 2018 No. 751, eff. 8-1-18.

ER-MRS 22.09 ER-MRS 22.09 Failure to accept reasonable offer of appointment.

ER-MRS 22.09(1) (1) An employee who has been notified of layoff and fails to accept a reasonable offer of permanent appointment within the agency within 2 work days of the offer or who, upon acceptance, fails to be available for work within 5 work days after acceptance forfeits any further rights to an appointment under ss. ER-MRS 22.08 and 22.10.

ER-MRS 22.09(2) (2) As determined by the appointing authority, an offer of appointment shall be considered reasonable if it meets the following 5 conditions as of the date of the offer:

ER-MRS 22.09(2)(a) (a) The position is one which the employee would be qualified to perform after customary orientation provided to new workers in the position.

ER-MRS 22.09(2)(b) (b) The position is the highest level position available within the agency to which the employee could either transfer or demote.

ER-MRS 22.09(2)(c) (c) The assigned shift or number of work hours required does not vary substantially from the number of work hours previously worked.

ER-MRS 22.09(2)(d) (d) The position is located at a work site that is within reasonable proximity of the original work site.

ER-MRS 22.09(2)(e) (e) The pay range of the position offered is no more than 3 pay ranges or counterpart pay ranges, or one broadband pay range, lower than the pay range of the position from which the employee was laid off.

ER-MRS 22.09 History History: Cr. Register, February, 1981, No. 302, eff. 3-1-81; am. (1) and (2) (intro.), cr. (2) (e), Register, February, 1983, No. 326, eff. 3-1-83; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; emerg. am. (2) (intro.) and (e), eff. 6-12-95; am. (2) (intro.) and (e), Register, December, 1995, No. 480, eff. 1-1-96; CR 04-138: am. (2) (a) to (c) Register June 2005 No. 594, eff. 7-1-05; CR 18-006: am. (1), (2) (c), (e) Register July 2018 No. 751, eff. 8-1-18.

ER-MRS 22.10 ER-MRS 22.10 Restoration rights and conditions. An employee laid off prior to July 1, 2016 maintains the restoration rights that existed at the time the employee was laid off.

ER-MRS 22.10 History History: Cr. Register, September, 1975, No. 272, eff. 10-1-75; cr. (intro.), (1) renum. from Pers 22.055 (1) and am., cr. (2) to (6), Register, February, 1981, No. 302, eff. 3-1-81; am. (intro.) through (4) and (6), Register, February, 1983, No. 326, eff. 3-1-83; am. (2), r. (5), Register, May, 1988, No. 389, eff. 6-1-88; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; correction in (6) made under s. 13.93 (2m) (b) 7., Stats., Register April 2002 No. 556; CR 04-138: am. (intro.), and (4) Register June 2005 No. 594, eff. 7-1-05; CR 18-006: r. and recr. Register July 2018 No. 751, eff. 8-1-18.

ER-MRS 22.11 ER-MRS 22.11 Reinstatement eligibility and conditions.

ER-MRS 22.11(1) (1) An employee laid off prior to July 1, 2016, maintains the reinstatement eligibility that existed at the time the employee was laid off.

ER-MRS 22.11(2) (2) Any person who has held a position and obtained permanent status in class under the civil service law and rules and who is laid off on or after July 1, 2016, is eligible for reinstatement in a position having a comparable or lower pay rate or range for which such person is qualified for a 3-year period from the date of the layoff.

ER-MRS 22.11(2m) (2m) A person who is reinstated to an employing unit or agency other than the one from which the person earned reinstatement eligibility may be required to serve a probationary period. See s. ER-MRS 16.04 (1) (a).

ER-MRS 22.11(3) (3) For pay of employees upon reinstatement following layoff, see s. ER 29.03 (6) or the compensation plan. For pay provisions upon reinstatement where a probationary period is required, see s. ER 29.03 (2) (b) or the compensation plan.

ER-MRS 22.11 History History: Cr. Register, September, 1975, No. 272, eff. 10-1-75; (1) renum. from Pers 22.055 (2) and am.; cr. (2) to (4), Register, February, 1981, No. 302, eff. 3-1-81; am. (1), Register, February, 1983, No. 326, eff. 3-1-83;renum. (1) to (2) to be (2) and (2m), cr. (1), Register, May, 1988, No. 389, eff. 6-1-88; correction in (2m) and (3) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; cons. and am. (1) (a) to (d), cr. (1m), am. (2), Register, December, 1999, No. 528, eff. 1-1-00; CR 04-138: r. (1), (2) (a) and (b), am. (1m) and (2) (intro.), and (3) Register June 2005 No. 594, eff. 7-1-05; CR 18-006: cr. (1), r. (1m), r. and recr. (2), am. (2m) Register July 2018 No. 751, eff. 8-1-18.

ER-MRS 22.12 ER-MRS 22.12 Layoff of seasonal and sessional employees.

ER-MRS 22.12(1) (1) Employees in seasonal or sessional positions are employed for specific seasonal or sessional periods. Upon expiration of such periods, seasonal and sessional employees may, at the discretion of the appointing authority, be laid off until the beginning of the next seasonal or sessional work period. Such layoffs are not subject to any of the other provisions of this chapter.

ER-MRS 22.12(2) (2) Employees in seasonal or sessional positions, who are laid off with the understanding that there is little or no expectation of future seasonal or sessional employment, shall be laid off in accordance with the provisions of this chapter as if they held permanent positions.

ER-MRS 22.12 History History: Cr. Register, February, 1981, No. 302, eff. 3-1-81.

ER-MRS 22.13 ER-MRS 22.13 Layoff of school year employees.

ER-MRS 22.13(1) (1) School year employees whose services are not required during a summer recess are granted summer leave under the provisions of s. ER 18.14 (2) (c), and are not considered to be in layoff status.

ER-MRS 22.13(2) (2) School year employees whose services are not expected to continue in the ensuing school year shall be laid off in accordance with the provisions of this chapter.

ER-MRS 22.13 History History: Cr. Register, February, 1981, No. 302, eff. 3-1-81; am. (1), Register, May, 1988, No. 389, eff. 6-1-88.

ER-MRS 22.14 ER-MRS 22.14 Temporary layoff of employees. The director may approve exceptions to the procedures outlined in this chapter for temporary layoffs not to exceed 20 working days. Temporary layoffs may apply to some, or all of the employees in an employing unit. The appointing authority may recommend, subject to approval of the director, a plan for temporary layoffs, stating the reason for the temporary layoffs, the classes and number of employees affected in the employing unit, and the specific number of such days affected employees will be laid off. The plan shall be submitted to the director for approval prior to implementation. Consecutive temporary layoffs in the same employing unit may not be approved by the director for the same reason which caused the initial temporary layoff, unless a plan for permanent layoff has been submitted.

ER-MRS 22.14 History History: Cr. Register, October, 1972, No. 202, eff. 11-1-72; renum. from Pers 22.08 and am., Register, February, 1981, No. 302, eff. 3-1-81; am. Register, February, 1983, No. 326, eff. 3-1-83; am. Register, May, 1988, No. 389, eff. 6-1-88; correction made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.