Register June 2005 No. 594
Chapter ER 18
Annual leave of absence.
Other provisions relating to annual leave, sick leave and personal holidays.
Leave with pay due to work-related injury.
Leaves of absence for promotional examinations and interviews.
Leave of absence by employees and certain elected officials for military preinduction physical examination.
Leave of absence without pay.
Paid leaves for providing certain disaster relief services.
Paid leave to serve as a bone marrow or organ donor.
In this chapter, unless the context otherwise requires:
"Elected official" means a constitutional officer or other elected official under s. 20.923 (2)
"Employee" means any person who receives remuneration for services rendered to the state under an employer-employee relationship in the classified or unclassified civil service except:
"Employment status" means the status of a person in the civil service under s. 230.08
, Stats., while in pay status or on:
Leave of absence due to injury or illness arising out of state employment and covered by worker's compensation under ch. 102, Stats.
, or s. 230.36
Parents, step-parents, grandparents, foster parents, children, step-children, grandchildren, foster children, brothers and their spouses, sisters and their spouses, of the employee or spouse;
Aunts and uncles, sons-in-law or daughters-in-law of the employee or spouse; and
Other relatives of the employee or spouse providing they reside in the same household of the employee.
"Layoff" means the termination of the services of an employee with permanent status in class from a position in a group in which a reduction in force is to be accomplished and which results in a mandatory reemployment right of the affected employee to future positions.
Except as provided in s. ER 18.15
, "leave credits" mean earned but unused annual leave, termination leave, sabbatical leave, sick leave, personal and legal holiday time, and holiday compensatory time off. "Leave credits" does not include compensatory time off credits earned for working overtime.
"Limited term employee" means a person who is an employee as a result of either:
Employment in the classified service in which the nature and conditions do not permit attainment of permanent status in class, for which the use of normal procedures for recruitment and examination are not practicable, and which is not project employment; or
Employment in the unclassified service in which the employee would have been considered a limited term employee, had employment been in the classified service.
"Sabbatical leave" means annual leave which was deferred during the year earned to be used in a subsequent year to extend the annual leave, unless used for termination leave.
"Termination leave" means annual leave which was deferred during the year earned to be used in a subsequent year to extend an employee's termination date or for payment in a lump sum upon termination.
ER 18.01 History
Cr. Register, May, 1988, No. 389
, eff. 6-1-88; correction in (2) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466
; am. (5), Register, June, 1997, No. 498
, eff. 7-1-97; am. (3) (f), Register, December, 1999, No. 528
, eff. 1-1-00; correction in (2) (b) made under s. 13.93 (2m) (b) 7., Stats., Register April 2002 No. 556
Annual leave of absence. ER 18.02(1)
Employees who earn annual leave of absence.
With the exception of limited term employees, all employees shall earn annual leave as provided in this section.
Only the most recent period in continuous employment status in either the unclassified service under s. 230.08 (2)
, Stats., or as a permanent employee in the classified service or both shall be counted in determining an employee's length of continuous service. This excludes time served as a limited term employee or in those positions under s. 230.08 (2) (k)
, Stats., regarding youth camps and students respectively. The inclusion of time served in a project appointment is governed by s. ER 18.05 (3)
The continuous employment status of an employee eligible for annual leave shall not be considered interrupted if the employee:
Left the service and is reemployed within 5 years, subject to the following:
Employment prior to leaving the service and upon returning to the service within 5 years must be as a permanent, classified employee or as an unclassified employee other than a limited term employee.
Any return to service following termination for misconduct or delinquency is deemed to not be a qualifying reemployment under this provision, even though the return is within the 5 year period.