CR 16-067 Rule Text

The Wisconsin Department of Administration proposes an order to amend Wis. Admin. Code ss. ER 10.01, ER 18.02(3)(c)1., and ER 18.02(4)(d).

Rule Analysis

1. Statutes interpreted: ss. 230.26, 230.35 (1m) and 230.04 (5), Stats.  

2. Statutory authority: ss. 227.11, Stats. and 230.04 (5), Stats.

3. Explanation of agency authority:

The administrator of the Division of Personnel Management is empowered to promulgate rules related to state employment.

4. Related statute or rule: ss. 230.26, 230.35 (1m) and 230.04 (5), Stats.

5. Plain language analysis:

The objective of the rules are to conform the administrative code to statutory and technological changes. The proposed rule will do the following:

a.   Adjust the maximum number of hours that an LTE may work in accordance with statute.

b.   Adjust the amount of a hours of annual leave for non-represented employees with FLSA nonexempt status to receive an annual leave schedule identical to that of FLSA nonexempt status employees covered by collective bargaining agreements, in accordance with statute.

c.   Adjust the number of hours worked for every full-time employee in conformance with the presumption of software purchased and implemented for the administration of payroll.

6. Summary of and comparison with, existing or proposed federal regulations.

Not applicable.

7. Comparison with rules in adjacent states:

Not applicable.

8. Summary of factual data and analytical methodologies:

Not applicable.

9. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report:

Not applicable.

10. Fiscal Estimate:

See attached, but no expected fiscal impact.

11. Effect on small business: The proposed rule changes will have no impact upon small businesses.

12. Agency contact person:

Paul Ostrowski

Division of Personnel Management

Department of Administration

101 E. Wilson Street, 4th Floor

Madison, WI 53702

[phone]

[e-mail]

SECTION 1: Section ER 10.01 is amended to read:

ER 10.01 Definition and categories of limited term appointments. The total time worked in any one position by an individual limited term employee shall not exceed 1039 hours of employment during a block of time which consists of 26 consecutive biweekly payroll periods and which ends on the anniversary date of the appointment. The maximum time durations for provisional appointments are provided under s. 230.26 (2), Stats.

SECTION 2: Section ER 18.02(3)(c) 1. is amended to read:

1. Full−time, full−year employment. Employees in nonexempt status under the federal Fair Labor Standards Act, 29 USC 201 to 219. Annual leave shall be based upon accumulated continuous state service and earned at the rate for each year as shown in the following table:

ANNUAL LEAVE RATE FOR

FULL YEAR OF SERVICE

Years of Service   Hours Earned Each Year

During First 5 104

5+ to 10   144

10+ to 15   160

15+ to 20   184

20+ to 25   200

25 & Over   216

SECTION 3: Section ER 18.02(4)(d) is amended to read:

(d) The amount of annual leave earned by an employee during a calendar year is based on the employee’s hours in pay status up to a maximum of 80 hours per biweekly pay period. Annual leave is not earned during overtime work hours. Hourly annual leave amounts earned for each hour in pay status can be computed by using the following:

ANNUAL LEAVE RATE   CONVERSION FACTOR

        104 hr. rate       .050000 per hour

120 hr. rate   .057692 per hour