Current through August 26, 2024
(1) DEMOTION FOR
DISCIPLINARY PURPOSES. An appointing authority may demote an employee for
disciplinary purposes as provided in s.
230.34(1),
Stats.
(a) The demotion may be to any position
within the agency regardless of employing unit; and the employee may appeal the
demotion as provided under s.
230.44,
Stats.
(b) An employee demoted for
disciplinary purposes does not retain permanent status in class previously
acquired in the higher class, nor does the employee retain reinstatement
eligibility to the higher class. The employee does attain permanent status in
class in the class to which the employee is demoted. No probationary period is
required for an employee demoted for disciplinary purposes.
(2) DEMOTION AS RESULT OF LAYOFF.
See s. ER-MRS 22.08(2).
(3)
VOLUNTARY DEMOTION WITHIN AN AGENCY. An employee may request and with approval
of the appointing authority be voluntarily demoted within the agency either to
a position in the same employing unit, or to a position in a different
employing unit. The employee's request, the appointing authority's response,
and the employee's acceptance of the demotion shall be in writing. The
appointing authority shall place a copy of the employee's acceptance in the
employee's personnel file.
(a) The employee
shall have no restoration rights to the previously held position or
class.
(b) If the voluntary
demotion is to a position in the same employing unit no probationary period for
employment in the lower class may be required, except that a probationary
period shall be required upon a voluntary demotion to a trainee position and a
probationary period may be required upon voluntary demotion to a supervisory or
management position in accordance with the provisions of s.
230.28(4),
Stats. If the employee is not required to serve a probationary period, the
employee immediately attains permanent status in class in the class to which
voluntarily demoted.
(c) If the
voluntary demotion is to a position in a different employing unit, the employee
may be required by the appointing authority to serve a probationary period,
except that a probationary period shall be required upon voluntary demotion to
a trainee position. If the employee is not required to serve a probationary
period, the employee immediately attains permanent status in class in the class
to which voluntarily demoted.
(d)
If an employee is required to serve a probationary period under par. (b) or
(c), the employee may be removed from the position during the probationary
period by the appointing authority without the right of appeal and shall be
involuntarily transferred to a different position for which the employee is
qualified in the same or counterpart pay range or pay rate at the discretion of
the appointing authority.
(4) VOLUNTARY DEMOTION BETWEEN AGENCIES. An
employee may request and, with approval of the appointing authority of the
receiving agency, may accept a voluntary demotion between agencies. The
appointing authority shall place a copy of the employee's written acceptance of
such voluntary demotion in the employee's personnel file.
(a) The employee shall have no rights to the
previously held position or class.
(b) An employee demoted under this section
may be required by the appointing authority to serve a probationary period. A
probationary period shall be required for demotion to any position identified
in s. ER-MRS 13.02(1). During the probationary period, the employee may be
separated from the service without the right of appeal. If the employee is not
required to serve a probationary period, the employee immediately attains
permanent status in class in the class to which demoted.
Note: For pay on voluntary demotion or demotion
for disciplinary purposes see s.
ER 29.03(8) or the compensation
plan.
(c) For provisions
relating to the return of an employee to the former class of position, see ch.
ER-MRS 16.
