Wisconsin Administrative Code
Department of Administration-Division of Personnel Management; Merit Recruitment
Chapter ER-MRS 22 - Layoff Procedure
Section ER-MRS 22.08 - Alternatives to termination from the service as a result of layoff

Universal Citation: WI Admin Code ยง ER-MRS 22.08

Current through August 26, 2024

If an employee with permanent status in a class has received a notice of layoff under s. ER-MRS 22.07(1), alternatives shall be available in the order listed in this section until the effective date of the layoff. Employees in the same layoff group who are laid off on the same date shall have the right to exercise the following alternatives to termination from the service as a result of layoff with the most qualified employee, as determined by the appointing authority, being offered the available vacancy first. This offer shall be subject to the criteria for a reasonable offer of appointment under s. ER-MRS 22.09:

(1) TRANSFER.

(a) All employees who have received a notice of layoff have the right to transfer within the agency to any vacancy in the same or counterpart pay range for which the employee is qualified to perform the work after being given the customary orientation provided to newly hired workers in the position.

(b) An employee who transfers within the agency as an alternative to termination from the service immediately attains permanent status in class in the class to which the employee transfers, except that:
1. An employee who is serving a promotional probationary period must complete that probationary period in the new position.

2. An employee who is serving a permissive probationary period may be required to complete that probationary period in the new position.

(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:

(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.

(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.

(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.

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