Register June 2005 No. 594
Chapter ER-MRS 13
PROBATIONARY PERIODS
ER-MRS 13.01 Definitions.
ER-MRS 13.03 When probation required.
ER-MRS 13.04 Permissive probationary period provisions.
ER-MRS 13.045 Probationary period for positions brought into the classified service.
ER-MRS 13.05 Absence from employment.
ER-MRS 13.06 Transfer while serving a probationary period.
ER-MRS 13.07 Time not counted.
ER-MRS 13.09 Attainment of permanent status in class.
Ch. ER-MRS 13 Note
Note: Chapter Pers 13 was renumbered chapter ER-Pers 13, effective March 1, 1983. Chapter ER-Pers 13 was renumbered chapter ER-MRS 13 under s. 13.93 (2m) (b) 1., Stats.,
Register, October, 1994, No. 466.
ER-MRS 13.01
ER-MRS 13.01
Definitions. The following are definitions for terms used in this chapter.
ER-MRS 13.01(1)
(1) "Student cooperative program" means those cooperative programs in which individuals participate as provided in s.
230.22 (4), Stats.
ER-MRS 13.01 Note
Note: The definition of probationary period is set forth under s.
ER-MRS 1.02 (24).
ER-MRS 13.01 History
History: Cr.
Register, October, 1972, No. 202, eff. 11-1-72; am.
Register, February, 1981, No. 302, eff. 3-1-81; am.
Register, February, 1983, No. 326, eff. 3-1-83; r. and recr.
Register, May, 1988, No. 389, eff. 6-1-88.
ER-MRS 13.015
ER-MRS 13.015
Purpose. During the probationary period the work of the employee is to be closely observed to determine if the employee is effectively able to carry out the assigned duties and responsibilities on a continuing basis.
ER-MRS 13.015 History
History: Cr.
Register, May, 1988, No. 389, eff. 6-1-88.
ER-MRS 13.02
ER-MRS 13.02
Duration. All probationary periods shall be for 6 months duration, except:
ER-MRS 13.02(1)
(1) In the case of an understudy, intern, trainee, student cooperative program or an apprentice appointment, the probationary period shall be lengthened by the total length of such understudy, intern, trainee, student cooperative program or apprentice period.
ER-MRS 13.02(2)
(2) In the case of employees who have not demonstrated the capacity to be granted permanent status in class within 6 months after the beginning of an original or promotional probationary period, the administrator may, at the request of an appointing authority, extend the probationary period for up to 3 additional months, provided the extension is desirable on the basis of factors such as:
ER-MRS 13.02(3)
(3) In the case of administrative, technical or professional positions, at the request of an appointing authority, the administrator may, prior to certification of applicants, establish a probationary period of up to 2 years in order to provide the appointing authority assurance that the employee will have adequate exposure during the probationary period to the various duties and responsibilities which are a part of the position.
ER-MRS 13.02(4)
(4) In the case of permissive probationary periods, the duration may be less than 6 months at the discretion of the appointing authority.
ER-MRS 13.02(5)
(5) In the case of initial original or promotional appointments to positions designated as supervisory or managerial as defined under s.
111.81, Stats., all probationary periods shall be for one year duration unless the last 6 months or a portion thereof is waived by the administrator at the request of the appointing authority.
ER-MRS 13.02(6)
(6) In cases where it is specifically provided otherwise in separate pay schedules.
ER-MRS 13.02 History
History: Cr.
Register, October, 1972, No. 202, eff. 11-1-72; r. (2), am. (1) and (6), renum. (3) to (5) to be (2) to (4) and am., cr. (5),
Register, February, 1981, No. 302, eff. 3-1-81; am. (1),
Register, May, 1988, No. 389, eff. 6-1-88.
ER-MRS 13.03
ER-MRS 13.03
When probation required. A probationary period is required for:
ER-MRS 13.03(3)
(3) The duration that an employee is serving a trainee, intern, apprentice, student cooperative program or understudy appointment; and
ER-MRS 13.03(4)
(4) Upon qualifying for the objective classification after completion of the trainee, intern, apprentice, student cooperative program or understudy period.
ER-MRS 13.03 History
History: Cr.
Register, October, 1972, No. 202, eff. 11-1-72; cr. (intro.), am. (1) and (2), renum. (3) to be (3) (a) and am., cr. (3) (b), r. (4),
Register, February, 1981, No. 302, eff. 3-1-81; renum. from Pers 13.04,
Register, February, 1983, No. 326, eff. 3-1-83; am.
Register, May, 1988, No. 389, eff. 6-1-88.
ER-MRS 13.04
ER-MRS 13.04
Permissive probationary period provisions. ER-MRS 13.04(1)(1) For the application of permissive probationary periods on:
ER-MRS 13.04(2)
(2) The appointing authority shall make a determination as to whether the appointee shall serve a permissive probationary period and shall so notify that employee in the letter of appointment.
ER-MRS 13.04(3)
(3) The appointing authority may waive these permissive probationary periods at any time. The employee shall be notified by the appointing authority of the determination to waive such employee's probationary period.
ER-MRS 13.04 History
History: Cr.
Register, October, 1972, No. 202, eff. 11-1-72; am.
Register, February, 1981, No. 302, eff. 3-1-81; renum. from Pers 13.05,
Register, February, 1983, No. 326, eff. 3-1-83; corrections in (1) made under s. 13.93 (2m) (b) 7., Stats.,
Register, October, 1994, No. 466.
ER-MRS 13.045
ER-MRS 13.045
Probationary period for positions brought into the classified service. If an incumbent employee is certified and appointed under s.
230.15 (1m) (c), Stats., the administrator shall determine the employee's probationary status under s.
230.28, Stats., except that the employee shall receive credit toward any probationary period for the time the employee had been employed in the position immediately prior to appointment under s.
230.15 (1m) (c), Stats.
ER-MRS 13.045 History
History: Emerg. cr. eff. 3-5-93; cr.
Register, August, 1993, No. 452, eff. 9-1-93.
ER-MRS 13.05(1)
(1)
Up to 174 work hours. If an employee has absences from employment not exceeding 174 work hours or prorated portion for part-time employees for any reason approved by the appointing authority, the appointing authority shall determine whether such absence shall be waived from the probationary time or the probationary period is to be extended to cover such absence. The employee shall be given written notice of such extension.
ER-MRS 13.05(2)
(2) More than 174 work hours. If an employee has such absence from employment totaling more than 174 work hours or the prorated portion for part-time employees, the probationary period shall be extended by the length of the time absent, except that up to 174 work hours or prorated portion for part-time employees may be waived by the appointing authority.
ER-MRS 13.05(3)
(3) Termination due to pending layoff. If an employee is terminated during a probationary period due to a pending layoff, and is later reinstated, the time served may be carried over at the discretion of the new appointing authority. Determination of any such carry-over shall be specified at the time of the reinstatement and written notice given to the employee and a record of such notification kept on file.
ER-MRS 13.05(4)
(4) Resignation. If an employee resigns during a probationary period, and is later reappointed from the same employment register, the time served shall not be carried over.
ER-MRS 13.05 History
History: Cr.
Register, October, 1972, No. 202, eff. 11-1-72; am. (5)
Register, September, 1975, No. 237, eff. 10-1-75; am. (1) and (5),
Register, December, 1976, No. 252, eff. 1-1-77; am. (1) to (4), r. (5),
Register, February, 1981, No. 302, eff. 3-1-81; renum. from Pers 13.06,
Register, February, 1983, No. 326, eff. 3-1-83.
ER-MRS 13.06 History
History: Cr.
Register, October, 1972, No. 202, eff. 11-1-72; r. and recr.
Register, February, 1981, No. 302, eff. 3-1-81; renum. from Pers 13.07,
Register, February, 1983, No. 326, eff. 3-1-83; correction made under s. 13.93 (2m) (b) 7., Stats.,
Register, October, 1994, No. 466.
ER-MRS 13.07
ER-MRS 13.07
Time not counted. Time served in a project appointment or limited term appointment, including an emergency or provisional appointment, shall not be counted as a part of any probationary period.
ER-MRS 13.07 History
History: Cr.
Register, October, 1972, No. 202, eff. 11-1-72; am.
Register, February, 1981, No. 302, eff. 3-1-81; renum. from Pers 13.08,
Register, February, 1983, No. 326, eff. 3-1-83.
