Current through August 26, 2024
(1) EMPLOYEES WHO EARN SICK LEAVE. Pursuant
to s. 230.35(2),
Stats., all employees shall earn sick leave under this rule except:
(a) Limited term employees;
(b) Members of the organized militia
referenced under s. 20.923(6) (c),
Stats.;
(c) Those employees
referenced in s. 230.08(2) (j),
1993 Stats.
(1g) SICK
LEAVE FOR CERTAIN UNCLASSIFIED STAFF. This section also applies to unclassified
staff of the legislature not identified under s.
20.923(4),
Stats., unclassified staff of a legislative service agency under subch. IV of
ch. 13, Stats., staff of the state court system, and the one stenographer
employed by each elective executive officer under s.
230.08(2) (g),
Stats. These persons shall be considered "employees" for the provisions
regarding sick leave under this chapter.
(1m) CERTAIN ELECTED OFFICIALS' SICK LEAVE.
This section also applies to elected officials except members of the
legislature, circuit and appeals court judges and justices of the supreme
court.
Note: See ss.
13.121(4) and
757.02(5),
Stats., for accrual of sick leave credits for health insurance premiums for
members of the legislature and circuit and appeals court judges and justices of
the supreme court, respectively.
(2) ACCRUAL OF SICK LEAVE.
(a) Sick leave credit shall accrue at the
rate of .0625 hour for each hour in pay status, not to exceed 5 hours in any
biweekly pay period.
(b) Sick leave
credits in any given year shall not be earned for any period of absence without
pay or time otherwise not worked or paid for, except that for administrative
purposes, any approved absence or absences without pay totaling 4 work hours or
less in any biweekly pay period will be disregarded. This paragraph does not
apply to persons on temporary layoff under s. ER-MRS 22.14 who shall earn sick
leave credits at the rate specified under par. (a) for the time spent on such
temporary layoff.
(c) Unused sick
leave shall accumulate from year to year in the employee's sick leave account
pursuant to s. 230.35(2),
Stats.
Note: See s. ER 18.05 for sick leave carry-over provisions for
project employees.
(d) Sick
leave shall not be used until it has been accrued.
(3) ACCOUNTING FOR USE OF SICK LEAVE. The use
of sick leave shall be charged to the employee's account by the appointing
authority.
(4) ELIGIBILITY FOR AND
USE OF SICK LEAVE. Each employee who has accrued sick leave credits shall be
eligible to use sick leave for periods of absence from employment, as follows:
(a) For personal illnesses, bodily injuries,
maternity, or exposure to contagious disease:
1. Which require the employee's
confinement;
2. Which render the
employee unable to perform assigned duties; or
3. Where performance of assigned duties would
jeopardize the employee's health or recovery.
(b) For immediate family or personal medical
or dental appointments which cannot be scheduled at times other than during
work hours.
(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.
(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.
(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.
(5) SICK LEAVE
CREDIT CONTINUATION.
(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).
(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.
(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.
(7) ADJUSTMENT TO SICK
LEAVE BALANCE.
(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.
(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.
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.
