ER-MRS 22.08(1)(b)
(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:
ER-MRS 22.08(1)(b)1.
1. An employee who is serving a promotional probationary period must complete that probationary period in the new position.
ER-MRS 22.08(1)(b)2.
2. An employee who is serving a permissive probationary period may be required to complete that probationary period in the new position.
ER-MRS 22.08(1)(b)3.
3. An employee who transfers to a position in a different employing unit of the same agency may be required to serve a probationary period in accordance with s.
230.28 (1) (am) or
(4), Stats., as applicable. During this probationary period, the employee may be removed from the position without the right of appeal and restored to his or her former position or transferred to a different position. If the employee's former position has been abolished, and there is no other vacant position in the agency in the same or counterpart pay range for which the employee is qualified to perform the work after being given the customary orientation provided for a newly hired worker, the employee shall be treated as if he or she had been restored to the previous position, and the provisions for making layoffs under this chapter shall apply.
ER-MRS 22.08(1)(c)
(c) An employee who transfers between agencies as a result of layoff may be required by the appointing authority to serve a probationary period, except that an employee who is serving a promotional probationary period must complete that probationary period in the new position. In addition, an employee who is serving a permissive probationary period may be required to complete that probationary period in the new position. If on probation, the employee may be terminated without the right of appeal. However, if terminated while on probation as a result of transfer between agencies as a result of layoff, the employee shall have restoration rights under
s. ER-MRS 22.10 (2). If the employee is not required to serve a probationary period, the employee immediately attains permanent status in class in the class to which the employee has transferred.
ER-MRS 22.08(2)
(2) Demotion as a result of layoff. If no transfer under
sub. (1) is available and if there is a vacancy available for which the employee is qualified to perform the work after being given the customary orientation provided to newly hired workers in such positions, in a higher level position than could be obtained through displacement under
sub. (3), 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:
ER-MRS 22.08(2)(a)
(a) Within an agency. An employee may demote to a position in a lower classification in the same agency in lieu of being terminated as a result of layoff.
ER-MRS 22.08(2)(a)1.
1. An employee demoted under this sub. immediately attains permanent status in class in the class to which the employee is demoted, except that an employee demoted to a position in a different employing unit of the same agency may be required to serve a probationary period in accordance with s.
230.28 (1) (am) or
(4), Stats., as applicable. During this probationary period, the employee may be removed from the position without the right of appeal and restored to his or her former position or transferred to a different position. If the employee's former position has been abolished, the employee shall be given consideration for any vacancy within the agency in the same or counterpart pay range for which the employee is qualified to perform the work after being given the customary orientation provided for newly hired workers. If no such vacancy exists, the employee shall be treated as if he or she has been restored to the previous position, and the provisions for making layoffs under this chapter shall apply.
ER-MRS 22.08(2)(a)2.
2. 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.
ER-MRS 22.08(2)(a)3.
3. 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, see
s. ER 29.03 (8) (d) 1. or the compensation plan.
ER-MRS 22.08(2)(b)
(b) Between agencies. An employee may demote to a position in a lower classification in a different agency in lieu of being terminated as a result of layoff.
ER-MRS 22.08(2)(b)1.
1. The employee may be required to serve a probationary period at the discretion of the appointing authority, and if during this period the employee's services are found to be unsatisfactory, the employee may be terminated without the right of appeal. However, if terminated while on probation, the employee shall have restoration rights under
s. ER-MRS 22.10 (2). If the employee is not required to serve a probationary period, the employee immediately attains permanent status in class in the class to which the employee is demoted.
ER-MRS 22.08(3)(a)(a) If there is no position obtainable under
subs. (1) and
(2) at the same or higher level than any position obtainable under this subsection, an employee may exercise a right of displacement within the employing unit.
ER-MRS 22.08(3)(a)1.
1. The employee may exercise the right of displacement in the order which will achieve the highest level position to which the employee has rights. If qualified to perform the work after customary orientation provided for newly hired workers in such positions, an employee may exercise the right of displacement only to one of the following:
ER-MRS 22.08(3)(a)1.a.
a. A position in the same or counterpart pay range in which the employee had previously attained permanent status in class.
ER-MRS 22.08(3)(a)1.c.
c. A position in a lower class in which the employee had previously attained permanent status in class.
ER-MRS 22.08(3)(a)1.d.
d. A lower level within an approved progression series in which the employee had previously attained permanent status in class at a higher level.
ER-MRS 22.08(3)(a)2.
2. If the employee has previously attained permanent status in class in a position whose classification had been affected by an action of the director, the employee shall immediately attain rights to the classification which replaced the original classification of the position previously held by the employee.
ER-MRS 22.08(3)(a)3.
3. Exercise of such displacement rights does not guarantee the employee a position in the class or subtitle selected. It only requires the employee to be included along with other employees in the class or subtitle when the layoff process as provided in
s. ER-MRS 22.06 is applied to determine which employee is laid off as a result of displacement.
ER-MRS 22.08(3)(a)4.
4. An employee who elects to exercise displacement rights has 5 calendar days from the date of written notification of impending layoff or receipt of such written notification, whichever is later, to exercise that option.
ER-MRS 22.08(3)(a)5.
5. If there is more than one position in the same or counterpart pay range to which the employee is eligible to exercise the right of displacement, the appointing authority may designate the position to which the employee shall first exercise the right of displacement.
ER-MRS 22.08(3)(b)
(b) An employee who exercises displacement rights within the employing unit as a result of layoff immediately attains permanent status in class in the class into which the employee has been placed.
ER-MRS 22.08 History
History: Cr.
Register, October, 1972, No. 202, eff. 11-1-72; emerg. am. 4-25-75; am.,
Register, September, 1975, No. 272, eff. 10-1-72; (intro.), (1) and (2) renum. from Pers 22.04 and am., r. (3) and (4), cr. (3),
Register, February, 1981, No. 302, eff. 3-1-81; am. (intro.), (1) (a) 1. and 2., (b) and (c), cr. (1) (b) 3., renum. (2) and (3) to be (3) and (2) and am.,
Register, February, 1983, No. 326, eff. 3-1-83; am. (1) (a) 1. and 2., (b) 3., (2) (intro.) and (a), (b) 2., (3) (a) and (c),
Register, May, 1988, No. 389, eff. 6-1-88; corrections made under s. 13.93 (2m) (b) 7., Stats.,
Register, October, 1994, No. 466; emerg. am. (3) (a) 1., eff. 6-12-95; am. (3) (a) 1.,
Register, December, 1995, No. 480, eff. 1-1-96;
CR 04-138: am. (2) (a) 2. and 3., (2) (b) 2., (3) (a) 2. and (3) (c)
Register June 2005 No. 594, eff. 7-1-05.
ER-MRS 22.09
ER-MRS 22.09
Failure to accept reasonable offer of appointment. ER-MRS 22.09(1)(1) An employee who has been notified of layoff and fails to accept a reasonable offer of permanent appointment within the agency within 5 work days of the offer or who, upon acceptance, fails to be available for work within 5 work days after acceptance forfeits any further rights to an appointment under
ss. ER-MRS 22.08 and
22.10.
ER-MRS 22.09(2)
(2) As determined by the appointing authority, an offer of appointment shall be considered reasonable if it meets the following 5 conditions as of the date of the offer:
ER-MRS 22.09(2)(a)
(a) The position is one which the employee would be qualified to perform after customary orientation provided to new workers in the position.
ER-MRS 22.09(2)(b)
(b) The position is the highest level position available within the agency to which the employee could either transfer or demote.
ER-MRS 22.09(2)(c)
(c) The number of work hours required does not vary substantially from the number of work hours previously worked.
ER-MRS 22.09(2)(d)
(d) The position is located at a work site that is within reasonable proximity of the original work site.
ER-MRS 22.09(2)(e)
(e) The pay range of the position offered is no more than 3 pay ranges or counterpart pay ranges lower than the pay range of the position from which the employee was laid off.
ER-MRS 22.09 History
History: Cr.
Register, February, 1981, No. 302, eff. 3-1-81; am. (1) and (2) (intro.), cr. (2) (e),
Register, February, 1983, No. 326, eff. 3-1-83; correction in (1) made under s. 13.93 (2m) (b) 7., Stats.,
Register, October, 1994, No. 466; emerg. am. (2) (intro.) and (e), eff. 6-12-95; am. (2) (intro.) and (e),
Register, December, 1995, No. 480, eff. 1-1-96;
CR 04-138: am. (2) (a) to (c)
Register June 2005 No. 594, eff. 7-1-05.
ER-MRS 22.10
ER-MRS 22.10
Restoration rights and conditions. An employee who transfers or demotes to another agency as a result of layoff under
s. ER-MRS 22.08 (1) or
(2) and is terminated while on probation, exercises displacement rights as a result of layoff under
s. ER-MRS 22.08 (3), is demoted as a result of layoff under
s. ER-MRS 22.08 (2), or is terminated as a result of layoff, shall, under s.
230.34 (2), Stats., be granted the following considerations for a 3-year period from the date of such action:
ER-MRS 22.10(1)
(1) Return to same employing unit. When a vacancy occurs in the employing unit at or closest to the same or counterpart pay range level from which an employee was terminated as a result of layoff, exercised displacement rights, demoted as a result of layoff, or transferred or demoted between agencies as a result of layoff and was terminated while on probation, the employee shall be recalled in inverse order of layoff providing the employee is qualified to perform the work after being given the customary orientation provided newly hired workers in such position, unless the employee previously declined a similar offer.
ER-MRS 22.10(2)
(2) Return to the agency. When a vacancy occurs in the agency in the approved layoff group from which the employee was terminated as a result of layoff, exercised displacement rights, demoted as a result of layoff, or transferred or demoted between agencies as a result of layoff and was terminated while on probation, the employee shall be recalled in inverse order of layoff, providing the employee is qualified to perform the work after being given the customary orientation provided newly hired workers in such position, unless the employee previously declined a similar offer. The order for recall of an employee who transferred or demoted between agencies as a result of layoff and was terminated while on probation shall be determined on the basis of the effective date of the layoff. An employee recalled to a different employing unit in the agency may not be required to serve a probationary period.
ER-MRS 22.10 Note
Note: For pay of employees restored following layoff see s.
ER 29.03 (7) or the compensation plan.
ER-MRS 22.10(3)
(3) Requirements for restoration. An employee or former employee having restoration rights under this section who fails to accept a reasonable offer of reappointment within the agency within 5 work days of the offer or who, upon acceptance, fails to be available for work within 10 work days after acceptance, forfeits any further restoration rights under
s. ER-MRS 22.10. If extenuating circumstances prevent an employee or former employee from reporting for work within 10 work days after acceptance or making other arrangements with the employer, the employee does not forfeit the right to further restoration when other vacancies occur, providing the nature of the extenuating circumstances was acceptable to the appointing authority.
ER-MRS 22.10(6)
(6) Expiration of rights. An employee who transfers as a result of layoff under
s. ER-MRS 22.08 (1) (a) 1. or
2., or who is restored after termination in lieu of layoff while serving a probationary period resulting from a promotion or transfer within the agency under
s. ER-MRS 14.03 (1) or
15.04, respectively, or who is restored or reinstated to a position within the agency in the same or counterpart pay range shall have no further restoration rights.
ER-MRS 22.10 History
History: Cr.
Register, September, 1975, No. 272, eff. 10-1-75; cr. (intro.), (1) renum. from Pers 22.055 (1) and am., cr. (2) to (6),
Register, February, 1981, No. 302, eff. 3-1-81; am. (intro.) through (4) and (6),
Register, February, 1983, No. 326, eff. 3-1-83; am. (2), r. (5),
Register, May, 1988, No. 389, eff. 6-1-88; corrections made under s. 13.93 (2m) (b) 7., Stats.,
Register, October, 1994, No. 466; correction in (6) made under s. 13.93 (2m) (b) 7., Stats.,
Register April 2002 No. 556;
CR 04-138: am. (intro.), and (4)
Register June 2005 No. 594, eff. 7-1-05.
ER-MRS 22.11
ER-MRS 22.11
Reinstatement eligibility and conditions. ER-MRS 22.11(1m)(1m) When a vacancy, for which the employee is qualified, occurs in another employing unit of the agency in any class other than the approved layoff group from which the employee was terminated as a result of layoff, exercised displacement rights, demotion as a result of layoff, or transfer or demotion between agencies as a result of layoff and the employee was terminated while on probation, the employee may be reinstated at the discretion of the appointing authority within a 5-year period from the date of any of the actions taken in this subsection as a result of being subject to layoff.
ER-MRS 22.11(2)
(2) When a vacancy, for which the employee is qualified, occurs anywhere in state service other than the agency from which the employee was terminated as a result of layoff, exercised displacement rights, or demotion as a result of layoff, the employee may be reinstated at the discretion of the appointing authority within a 5–year period from the date of action resulting from layoff.
ER-MRS 22.11(2m)
(2m) A person who is reinstated to an agency other than the one from which the person earned reinstatement eligibility may be required to serve a probationary period. See
s. ER-MRS 16.04 (1) (a).
ER-MRS 22.11(3)
(3) For pay of employees upon reinstatement following layoff, see
s. ER 29.03 (6) or the compensation plan. For pay provisions upon reinstatement where a probationary period is required, see
s. ER 29.03 (2) (b) or the compensation plan.
ER-MRS 22.11 History
History: Cr.
Register, September, 1975, No. 272, eff. 10-1-75; (1) renum. from Pers 22.055 (2) and am.; cr. (2) to (4),
Register, February, 1981, No. 302, eff. 3-1-81; am. (1),
Register, February, 1983, No. 326, eff. 3-1-83;renum. (1) to (2) to be (2) and (2m), cr. (1),
Register, May, 1988, No. 389, eff. 6-1-88; correction in (2m) and (3) made under s. 13.93 (2m) (b) 7., Stats.,
Register, October, 1994, No. 466; cons. and am. (1) (a) to (d), cr. (1m), am. (2),
Register, December, 1999, No. 528, eff. 1-1-00;
CR 04-138: r. (1), (2) (a) and (b), am. (1m) and (2) (intro.), and (3)
Register June 2005 No. 594, eff. 7-1-05.
ER-MRS 22.12
ER-MRS 22.12
Layoff of seasonal and sessional employees. ER-MRS 22.12(1)(1) Employees in seasonal or sessional positions are employed for specific seasonal or sessional periods. Upon expiration of such periods, seasonal and sessional employees may, at the discretion of the appointing authority, be laid off until the beginning of the next seasonal or sessional work period. Such layoffs are not subject to any of the other provisions of this chapter.
ER-MRS 22.12(2)
(2) Employees in seasonal or sessional positions, who are laid off with the understanding that there is little or no expectation of future seasonal or sessional employment, shall be laid off in accordance with the provisions of this chapter as if they held permanent positions.
ER-MRS 22.12 History
History: Cr.
Register, February, 1981, No. 302, eff. 3-1-81.
ER-MRS 22.13(1)(1) School year employees whose services are not required during a summer recess are granted summer leave under the provisions of
s. ER 18.14 (2) (c), and are not considered to be in layoff status.
ER-MRS 22.13(2)
(2) School year employees whose services are not expected to continue in the ensuing school year shall be laid off in accordance with the provisions of this chapter.
ER-MRS 22.13 History
History: Cr.
Register, February, 1981, No. 302, eff. 3-1-81; am. (1),
Register, May, 1988, No. 389, eff. 6-1-88.
ER-MRS 22.14
ER-MRS 22.14
Temporary layoff of employees. The administrator may approve exceptions to the procedures outlined in this chapter for temporary layoffs not to exceed 20 working days. Temporary layoffs may apply to some, or all of the employees in an employing unit. The appointing authority may recommend, subject to approval of the administrator, a plan for temporary layoffs, stating the reason for the temporary layoffs, the classes and number of employees affected in the employing unit, and the specific number of such days affected employees will be laid off. The plan shall be submitted to the administrator for approval prior to implementation. Consecutive temporary layoffs in the same employing unit may not be approved by the administrator for the same reason which caused the initial temporary layoff, unless a plan for permanent layoff has been submitted.
ER-MRS 22.14 History
History: Cr.
Register, October, 1972, No. 202, eff. 11-1-72; renum. from Pers 22.08 and am.,
Register, February, 1981, No. 302, eff. 3-1-81; am.
Register, February, 1983, No. 326, eff. 3-1-83; am.
Register, May, 1988, No. 389, eff. 6-1-88.
