Current through August 26, 2024
(1) ANNUAL LEAVE,
SICK LEAVE OR PERSONAL HOLIDAYS ON LEGAL HOLIDAYS. In the event that a legal
holiday falls on a regular work day within the week or weeks taken as annual
leave, sick leave, or personal holidays, such legal holiday shall not be
charged as annual leave, sick leave or personal holiday. For any time on which
work is suspended, such suspension shall not be construed to extend any annual
leave, sick leave or personal holiday to an employee in such status at the
time.
(2) TRANSFER OF CREDITS BY
PERMANENT CLASSIFIED OR UNCLASSIFIED EMPLOYEES.
(a) For the purposes of this subsection, "new
appointing authority" means the appointing authority after the movement between
the relevant types of employment. In some instances, the new appointing
authority may be the same as the former appointing authority.
(b) Except as provided in pars. (e) and (g),
upon entry to employment covered by this chapter from state unclassified
employment which was not covered by this chapter, unused leave credits
accumulated under the employment not covered by this chapter may be retained by
the employee upon mutual agreement between the employee and the new appointing
authority. Such agreements are subject to approval by the administrator. The
total amount of leave credits retained by the employee may not exceed the
unused leave credits which could have been accumulated in accordance with the
provisions of this chapter. Negative leave credit balances shall not be
transferred. An elected official is not eligible to transfer unused leave
credits earned during employment as an elected official to employment covered
by this chapter other than unused sick leave credits. The transfer of unused
sick leave credits accumulated under state unclassified employment not covered
by this chapter will be authorized subject to the limits specified in this
paragraph. The restoration of unused sick leave credits accumulated under state
unclassified employment not covered by this chapter will be in accordance with
s. ER 18.03(5) (a), except the total credits restored may not exceed those
that could have been accumulated in accordance with the provisions of this
chapter.
(c) When an employee moves
from a position to a different position, and employment in both positions is
covered by this chapter, obligation for any unused accumulated leave credits
earned pursuant to this chapter shall be assumed by the new appointing
authority.
(d) When an employee in
employment subject to this chapter moves to unclassified state employment not
subject to this chapter, the employee may carry forward any unused accumulated
leave credits earned under this chapter to the new place of employment,
providing the new appointing authority agrees to assume the obligation for
them.
(e) When an employee in
employment subject to this chapter terminates and moves to unclassified state
employment not subject to this chapter and the new appointing authority is not
willing to assume the obligation for any unused accumulated leave credits
earned under this chapter, the agency subject to this chapter shall pay the
employee a lump sum payment for the leave credits, except that no payment shall
be made for sick leave credits.
(f)
When a represented classified employee moves to a nonrepresented position
subject to this chapter, the employee shall carry forward any unused
accumulated leave credits.
(g) When
an elected official covered by s. ER 18.03 moves to other employment subject to
this chapter, any unused sick leave credits shall be carried forward.
(h) When positions are converted from the
unclassified service to the classified service, leave credit benefits for
employees who remain in such positions pursuant to a waiver of competition
under s. 230.15(1), Stats., are determined by the administrator.
(3) TRANSFER OF CREDITS BY PROJECT
EMPLOYEES WHO WERE PERMANENT EMPLOYEES OR UNCLASSIFIED EMPLOYEES. Pursuant to
s. 230.27(2m) (b), Stats., a project employee who has previously been a
permanent classified employee or an unclassified employee other than a limited
term employee may transfer continuous service and paid leave credits previously
earned to the project appointment and from the project appointment to a
subsequent project or permanent appointment in a manner consistent with that
applied to similar transactions in the permanent classified service, subject to
the following:
(a)
Transfer of credits
to a project appointment.1.
Accumulated leave credits earned as a permanent classified employee or as an
unclassified employee other than a limited term employee shall be carried over
to a project appointment in the same manner as prescribed under sub. (2) if the
project employee would have been able to carry over the leave credits to a
permanent appointment.
2.
Continuous service credits earned as a permanent classified employee or as an
unclassified employee other than a limited term employee shall be carried over
to a project appointment in the same manner as prescribed under s. ER 18.02(2) if the project employee would have been eligible to carry over the continuous
service credits to a permanent appointment.
(b)
Transfer of credits between
project appointments. Accumulated leave and continuous service credits
earned during a project appointment shall be carried over upon appointment to a
subsequent project appointment if the project employee previously was a
permanent classified employee or unclassified employee other than a limited
term employee and could have carried over the leave credits if the project
appointments had been permanent appointments.
(c)
Transfer of credits from a
project appointment. Accumulated leave and continuous service credits
earned during a project appointment shall be carried over upon a permanent
classified or unclassified appointment if the project employee previously was a
permanent classified employee or an unclassified employee other than a limited
term employee and could have carried over the leave credits if the project
appointment had been a permanent appointment.
(4) TRANSFER OF CREDITS BY OTHER PROJECT
EMPLOYEES. Pursuant to s. 230.27(2m) (a), Stats., a project employee who has
not previously been a permanent classified employee or an unclassified employee
other than a limited term employee may not transfer continuous service or paid
leave credits earned in any project appointment to subsequent project,
permanent, or unclassified appointments, subject to the following:
(a)
Continuous service.
Continuous service credit shall be earned for the duration of employment in the
project position. Continuous service is considered interrupted and a new period
of continuous service begins upon subsequent project, permanent, or
unclassified appointments.
(b)
Annual leave. A 6 month qualifying period must be served in
each project appointment and subsequent permanent appointment before becoming
eligible to use annual leave.
(c)
Sick leave. Unused sick leave credits shall be canceled upon
subsequent project, permanent, or unclassified appointments.
(d)
Holidays. Time off for
personal and legal holidays shall be granted under s. ER 18.04.
(6) LEAVE CREDIT BALANCES. An
employee may not overdraw the balance of any leave credit account.
