ER 1.01ER 1.01 Force and effect of rules. Chapters ER 1 to 47 are promulgated under ss. 230.04 (5) and 227.11 (2) (a), Stats., to apply specifically to provisions of subchs. I and II of ch. 230, Stats., except on matters relating to the provisions of subch. II of ch. 230, Stats., for which responsibility is specifically charged to the director of the bureau of merit recruitment and selection in the department of administration. As provided under s. 230.01 (3), Stats., nothing in ch. 230, Stats., or in chs. ER 1 to 47 shall be construed either to infringe upon or supersede the rights guaranteed state employees under the provisions of subch. V of ch. 111, Stats., the state employment labor relations act.

ER 1.01 HistoryHistory: Cr. Register, February, 1984, No. 338, eff. 3-1-84; renum. from ER 41.01 and am. Register, May, 1988, No. 389, eff. 6-1-88; correction under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.

ER 1.02ER 1.02 Definitions. In addition to those terms defined under ss. 111.81 and 230.03, Stats., and as specified in chs. ER 2 to 47, the following are definitions for terms used in chs. ER 1 to 47:

ER 1.02(2)(2) “Affirmative action” means specific actions in employment which are designed and taken for the purposes of all of the following:

ER 1.02(2)(b)(b) Eliminating a substantial disparity between the proportion of members of racial and ethnic, gender or disability groups either in the classified civil service determined by grouping classifications according to similar responsibilities, pay ranges, nature of work, other factors recognized in the job evaluation process, and any other factors the division considers relevant, or in similar functional groups in the unclassified service, and the proportion of members of racial and ethnic, gender or disability groups in the relevant labor pool.

ER 1.02(3)(3) “Annual leave” means time off without loss of base pay accrued in accordance with s. 230.35 (1), (1m) and (1p), Stats., and used with the approval of the appointing authority.

ER 1.02(4)(4) “Appointment” means the action of an appointing authority to place a person in a position within the agency in accordance with the law and chs. ER 1 to 47 and ER-MRS 1 to 34, effective when the employee reports for work or is in paid leave status on the agreed starting date and time. “Appointment” does not include an acting assignment under ch. ER-MRS 32.