ER 18.03(4)(c)(c) For temporary emergency medical care of ill or injured members of the immediate family for a limited period of time to permit the employee to make other arrangements. Use of sick leave for temporary emergency care of immediate family members is limited to 5 work days for any one illness or injury; however, the use of sick leave may be extended to cover unusual circumstances provided prior approval is obtained from the appointing authority. ER 18.03(4)(d)(d) For a death in the immediate family, use of accrued sick leave due to a death in the immediate family is limited to a total of 3 work days, plus required travel time not to exceed 4 additional work days. However the appointing authority may extend the use of sick leave to cover unusual circumstances. ER 18.03(4)(e)(e) An appointing authority may require a medical certificate to justify the granting of sick leave or to verify the fitness of an employee to return to work. ER 18.03(5)(a)(a) Previously accumulated sick leave shall not be canceled by absence on approved leave under s. ER 18.14. Termination from the service for misconduct or delinquency shall cancel all unused accumulated sick leave. Whenever an unclassified employee covered by this section or a permanent classified employee is laid off, terminated due to lack of work or funds, or resigns, any unused accumulated sick leave credit shall remain on record and be restored if the person is reemployed in a position covered by this section within 5 years. This provision shall also apply to project employees eligible to transfer credits under s. ER 18.05 (3). ER 18.03(5)(b)(b) For restoration of sick leave credits for employees serving in career executive positions or positions designated in s. 20.923 (4), (8) and (9), Stats., see s. 230.35 (2), Stats. This same provision shall also apply to elected officials except members of the legislature, circuit and appeals court judges and justices of the supreme court. ER 18.03(6)(6) Adjustment to sick leave balance of employees on unpaid leave of absence. Employees who began an unpaid leave of absence on or after July 6, 1997 and before October 12, 1997 shall have their sick leave balances recomputed, upon their return to a position covered by this section, at the rate of .0625 for each hour in pay status, not to exceed 5 hours in any biweekly pay period, based on the number of hours in pay status in a position covered by this section during that time period. Any additional sick leave credits will be credited to the employee’s sick leave balance and are available for prospective use only. ER 18.03(7)(a)(a) The sick leave balances of all employees in pay status on October 12, 1997 and former employees who retired or were laid off from a position during the period from July 6, 1997 to October 12, 1997 shall be recomputed at the rate of .0625 for each hour in pay status, not to exceed 5 hours in any biweekly pay period, based on the number of hours in pay status in a position covered by this section during that time period. Any additional sick leave credits will be credited to the employee’s sick leave balance and are available for prospective use only, except that former employees who retired or were laid off after July 6, 1997 and before October 12, 1997 may use the additional sick leave credits for the payment of health insurance premiums in the same manner as any sick leave credits that were available to them for that purpose at the time of retirement or layoff. ER 18.03(7)(b)(b) The sick leave balances of all employees who move after October 12, 1997 from a position covered by a collective bargaining agreement under subch. V of ch. 111, Stats., to a position covered by this section shall be recomputed at the rate of .0625 for each hour in pay status, not to exceed 5 hours in any biweekly pay period, based on the number of hours in pay status in a position or positions covered by a collective bargaining agreement between July 6, 1997 and the effective date of the employee’s move to a position covered by this section. The sick leave balance of an employee may not be adjusted for any hours in pay status during that time period if the employee’s sick leave balance previously has been adjusted for those hours under sub. (6) or par. (a) or under terms of a collective bargaining agreement. Any additional sick leave credits will be credited to the employee’s sick leave balance and are available for prospective use only. This paragraph does not apply after June 30, 1999. ER 18.03 NoteNote: For provisions regarding sick leave conversion credit at the time of retirement, in the event of death or at the time of layoff, see s. 40.05 (4) (b) and (bm), Stats., regarding health insurance premiums. ER 18.03 HistoryHistory: 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(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)(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)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)(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)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.