230.26 Cross-reference
Cross Reference: See also ch.
ER-MRS 10, Wis. adm. code.
230.27
230.27
Project positions. 230.27(1)(1) A "project position" means a position which is normally funded for 6 or more consecutive months and which requires employment for 600 hours or more per 26 consecutive biweekly pay periods, either for a temporary workload increase or for a planned undertaking which is not a regular function of the employing agency and which has an established probable date of termination. No project position may exist for more than 4 years.
230.27(1m)(a)(a) Except as provided in
par. (b), an appointing authority is prohibited from appointing a person who is not a resident of this state to a project position under this section.
230.27(1m)(b)
(b) The administrator may waive the prohibition under
par. (a) if there is a critical need for employees in a specific classification or position or a critical shortage of residents of this state possessing the skills or qualifications required for a position.
230.27(2)
(2) Subject to
s. 230.275, the administrator may provide by rule for the selection and appointment of a person to a project position.
230.27(2k)
(2k) If an appointing authority selects, for a project position, a person who is not a veteran or is not a person the hiring of whom would serve affirmative action purposes, the appointing authority shall make and retain a written record of the appointing authority's reasons for selecting the person who was appointed. The appointing authority shall make the written records available to the department and annually submit a report to the department summarizing the reasons contained in the written records. The department shall annually prepare a report summarizing, for each agency, the information submitted by appointing authorities under this subsection.
230.27(2m)
(2m) An employee in a project position on a project appointment, while in the position, shall earn and receive all rights and privileges specifically authorized by statute for nonrepresented classified employees, except tenure, transfer, restoration, reinstatement, promotion eligibility and layoff benefits. A project employee's vacation and holidays under
s. 230.35 (4) (d) and sick leave shall be on a prorated basis if the employee works less than full-time. Seniority, continuous service, benefits and rights earned while serving a project appointment shall be transferred to or from other project, permanent, seasonal, or sessional appointments in the following manner:
230.27(2m)(a)
(a) Project appointees who have not previously held a permanent classified or unclassified civil service position may not transfer continuous service rights and benefits earned in any project appointment to subsequent project or permanent appointments.
230.27(2m)(b)
(b) Project appointees who previously held a permanent classified or unclassified civil service position prior to being appointed to a project position may transfer rights and benefits previously earned to the project appointment, except those rights and benefits specifically excluded under this subsection, in a manner consistent with that applied to similar transactions in the permanent classified service. Such project employees who may subsequently be appointed to another project position or to a permanent classified position may transfer their rights and benefits to the new appointment in a manner consistent with that applied to similar transactions in the permanent classified service.
230.27(3)
(3) A leave of absence may be granted under this section to cover the time served on a project appointment. Any time limits established under
s. 230.35 do not apply to leaves of absence granted under this subsection.
230.27 Cross-reference
Cross Reference: See also ch.
ER 34, Wis. adm. code.
230.275
230.275
Noncompetitive appointment of certain disabled veterans. 230.275(1)(1) Whenever a vacancy occurs in a position in the classified service that is determined by the administrator to be a nonprofessional position or in an entry professional position under
s. 230.22, the appointing authority may appoint a disabled veteran on a noncompetitive basis if all of the following occur:
230.275(1)(a)
(a) The disabled veteran has served in the U.S. armed forces and is included on a U.S. armed forces permanent disability list with a disability rating of at least 30% or the disabled veteran has been rated by the U.S. department of veterans affairs as having a compensable service-connected disability of at least 30%.
230.275(1)(b)
(b) The disabled veteran presents to the appointing authority written documentation from an appropriate department of the federal government certifying the existence and extent of the disability. This certification must have been issued by the appropriate department of the federal government within the year preceding appointment.
230.275(1)(c)
(c) The appointing authority determines that the disabled veteran is qualified to perform the duties and responsibilities of the position.
230.275(1)(d)
(d) The appointing authority notifies the administrator in writing that the position is to be filled with a disabled veteran on a noncompetitive basis.
230.275(1)(e)
(e) The disabled veteran does not hold a permanent appointment or have mandatory restoration rights to a permanent appointment.
230.275(2)
(2) A disabled veteran appointed to a vacant position under this section need not be certified under this subchapter for appointment to the position.
230.275(3)(a)1.1. If an appointing authority elects to appoint a disabled veteran to a vacant position on a noncompetitive basis under
sub. (1), the appointing authority shall offer to interview for the position any disabled veteran who has expressed an interest to the appointing authority in applying for the position, who satisfies the condition specified in
sub. (1) (a) and who appears to have the skills and experience suitable for performing the duties and responsibilities of the position.
230.275(3)(a)2.
2. If an appointing authority elects to appoint a disabled veteran to a vacant position on a noncompetitive basis under
sub. (1) and the appointing authority has requested a certification for the position, the appointing authority shall offer to interview for the position any disabled veteran who is certified for appointment to the position and who satisfies the condition specified in
sub. (1) (a).
230.275(3)(b)
(b) Except as provided in
par. (a), if an appointing authority elects to appoint a disabled veteran to a vacant position on a noncompetitive basis under
sub. (1), an appointing authority is not required to interview any other person, including any person certified for appointment to the position.
230.275(4)
(4) Nothing in this section shall require an appointing authority to appoint a disabled veteran to a vacant position in the classified service or prohibit an appointing authority from filling a vacant position in the classified service from the list of those persons certified under this subchapter for appointment to the position.
230.275 History
History: 1997 a. 307.
230.28
230.28
Probationary period. 230.28(1)(a)(a) All original and all promotional appointments to permanent, sessional and seasonal positions, with the exception of those positions designated as supervisor or management under
s. 111.81, in the classified service shall be for a probationary period of 6 months, but the administrator at the request of the appointing authority and in accordance with the rules related thereto may extend any such period for a maximum of 3 additional months. Dismissal may be made at any time during such periods. Upon such dismissal, the appointing authority shall report to the administrator and to the employee removed, the dismissal and the reason therefor. The administrator may remove an employee during the employee's probationary period if the administrator finds, after giving notice and an opportunity to be heard, that such employee was appointed as a result of fraud or error.
230.28(1)(am)
(am) All probationary periods for employees in supervisory or management positions are one year unless waived after 6 months under
par. (c). The waiver under
par. (c) may be exercised for an employee in a supervisory position only if the employee has successfully completed a supervisory development program under
s. 230.046 (2). However, persons who transfer or are reinstated to supervisory or management positions consistent with conditions under
sub. (4) and who had previously obtained permanent status in class in a supervisory or management position prior to the transfer or reinstatement shall serve a probationary period in accordance with
sub. (4).
230.28(1)(b)
(b) The administrator may authorize a longer probationary period not to exceed 2 years for any administrative, technical or professional position, in order to provide the appointing authority assurance that the employee has had adequate exposure to the various responsibilities which are a part of the position or classification.
230.28(1)(bm)
(bm) At the request of an appointing authority and an employee, the administrator may authorize, at any time before the completion of the probationary period, an extended probationary period of up to one additional year for an individual with a disability, as defined in
s. 111.32 (8), who is the employee to allow the employee to do any of the following:
230.28(1)(bm)1.
1. Complete any necessary comprehensive or vocational rehabilitation program.
230.28(1)(bm)2.
2. Obtain or adapt to special modifications made to the employee's workplace to accommodate the employee's disability.
230.28(1)(bm)3.
3. Achieve the knowledge, skills and abilities to competently perform the required tasks for the position for which the employee is appointed.
230.28(1)(bn)
(bn) The appointing authority shall waive any remaining portion of the extended probationary period if the reasons for extending the probationary period are met.
230.28(1)(c)
(c) Upon request by the appointing authority, the administrator may waive any portion of the lengthened probationary period but in no case before a 6-month probationary period has been served.
230.28(1)(d)
(d) A promotion or other change in job status within an agency shall not affect the permanent status in class and rights, previously acquired by an employee within such agency. An employee demoted under
s. 230.34 (1) shall not retain the permanent status in class previously acquired in the classification from which demoted.
230.28(2)
(2) A probationary employee's supervisor shall complete a performance evaluation under
s. 230.37 of the employee's work. The evaluation shall be in writing and shall indicate whether or not the employee's services have been satisfactory and whether or not the employee will be retained in his or her position. A copy of the evaluation shall be given to the employee at a reasonable time before the completion of the employee's probation. An employee shall gain permanent status unless terminated by the appointing authority prior to the completion of his or her probationary period.
230.28(3)
(3) If an employee is removed from a position during the probationary period, and the administrator determines that the person is suitable for appointment to another position, the person's name may be restored to the list from which it was certified.
230.28(4)
(4) A person reinstated in an employing unit other than one in which the person previously served in permanent status in the class in which the person is being reinstated, or an employee who transfers from one employing unit to another or an employee who moves to a different employing unit in conjunction with a voluntary demotion, may be required by the appointing authority to serve a probationary period. Provisions for the duration of such probationary period shall be provided in the rules of the administrator.
230.28(5)
(5) An employee whose position is classified as "trainee" shall be on a probationary period for the duration of the training program and may be separated during that period without the right of appeal, at the discretion of the appointing authority. Upon qualifying for the objective classification, the employee shall serve a probationary period as specified in
sub. (1).
230.28(6)
(6) A person with a right of restoration resulting from layoff under
s. 230.34 (2) who competes for promotion to a position under
s. 230.19 (3) and is appointed shall serve a probationary period under
sub. (1). If the appointing authority terminates the employee during the probationary period, the person shall return to his or her former layoff status.
230.28 Cross-reference
Cross Reference: See also ch.
ER-MRS 14, Wis. adm. code.
230.28 Annotation
The discharge of a probationary employee is not appealable as part of the "hiring process" under s. 230.44 (1) (d). Board of Regents v. Wisconsin Personnel Commission
103 Wis. 2d 545,
309 N.W.2d 366 (1981).
230.28 Annotation
An employee who has acquired permanent status in class who is promoted within the same agency, does not lose permanent status in the prior position while in probationary status in the new position. If termination from the new position occurs, the employee must be reinstated in the former position. The required due process to be afforded in a disciplinary action to an employee with a protected property interest in a position is discussed. Arneson v. Jezwinski,
225 Wis. 2d 371,
592 N.W.2d 606 (1999).
230.29(1)(1) Subject to
sub. (2), a transfer may be made from one position to another only if specifically authorized by the administrator.
230.29(2)
(2) This section does not apply to an employee of the University of Wisconsin Hospitals and Clinics Board.
230.29 History
History: 1971 c. 270;
1977 c. 196 ss.
54,
130 (5); Stats. 1977 s. 230.29;
1995 a. 27.
230.29 Cross-reference
Cross Reference: See also ch.
ER-MRS 15, Wis. adm. code.
230.30
230.30
Employing units; establishment and revision. 230.30(1)(1) Each agency shall constitute an employing unit for purposes of personnel transactions, except where appropriate functional, organizational or geographic breakdowns exist within the agency and except as provided in
sub. (2). These breakdowns may constitute a separate employing unit for one or more types of personnel transactions under an overall employing unit plan if requested by the appointing authority of that agency and approved by the administrator. If the administrator determines, after conferring with the appointing authority of the employing agency, that an employing unit is or has become inappropriate to carry out sound personnel management practices due to factors including, but not limited to, the size or isolated location of portions of the employing unit, the administrator may revise the employing unit structure of the agency to effect the remedy required.
230.30(2)
(2) The division of gaming in the department of administration shall constitute a separate employing unit for purposes of personnel transactions.
230.30 History
History: 1979 c. 221;
1997 a. 27.
230.31
230.31
Restoration of employment and reinstatement privileges. 230.31(1)(1) Any person who has held a position and obtained permanent status in a class under the civil service law and rules and who has separated from the service without any delinquency or misconduct on his or her part but owing to reasons of economy or otherwise shall be granted the following considerations:
230.31(1)(a)
(a) For a 5-year period from the date of separation, the person shall be eligible for reinstatement in a position having a comparable or lower pay rate or range for which such person is qualified.
230.31(1)(b)
(b) For a 3-year period from the date of separation, if on layoff status, the person shall be placed, in inverse order of layoff, on an appropriate mandatory restoration register for the unit used for layoff and on a restoration register for the agency from which the person was laid off. Use of such registers shall be subject to the rules of the administrator.
230.31(2)
(2) The administrator may also provide for the reinstatement of persons who have served in seasonal and sessional employment and for persons who separate from a position while serving a probationary period.
230.31 History
History: 1971 c. 270 s.
60; Stats. 1971 s. 16.25;
1977 c. 196 ss.
56,
130 (5);
1977 c. 273,
418; Stats. 1977 s. 230.31;
1979 c. 32;
1981 c. 140;
1997 a. 307.
230.31 Cross-reference
Cross Reference: See also ch.
ER-MRS 16, Wis. adm. code.
230.32
230.32
Restoration after military leave. 230.32(1)
(1) Any classified employee of this state, except a limited term employee, who enlists, is ordered or is inducted into active service in the armed forces of the United States or who is requested to work for the federal government during a national emergency or a limited national emergency, shall be restored to the same or similar position in the classified service and his or her employment shall be deemed not to have been interrupted by such leave except for the receipt of pay or other compensation, accumulation of sick leave and accumulation of vacation for the period of such absence and the employee shall be given all the benefits of seniority, status, pay, pay advancement, performance awards and pension rights under
ch. 40 as though the state employment was continuous, if:
230.32(1)(a)
(a) The employee presents to the appointing authority a certificate or other evidence that he or she has satisfactorily completed the period of training or service, and discharge is other than dishonorable or other than by reason of the sentence of a general court martial, or other than on the ground of being a conscientious objector who refused to perform military duty or refused to wear the uniform or otherwise to comply with lawful orders of competent military authorities, or other than as a deserter or of an officer by the acceptance of a resignation for the good of the service.
230.32(1)(b)
(b) The period of service is not more than 4 years unless involuntarily retained for a longer period.
230.32(1)(c)
(c) The employee is still qualified to perform the duties of such position.
230.32(1)(d)
(d) The employee makes application for restoration within 180 days after release from such training or services, or hospitalization continuing after discharge because of injuries or sickness resulting from such training or service.
230.32(1)(e)
(e) The circumstances of the employing agency have not changed so as to make it impossible or unreasonable to so restore such employee.
230.32(2)(a)(a) Any employee with permanent status in class who leaves state service for the reasons specified in this section and who has used the yearly vacation in anticipation of a full year's employment is presumed not to have interrupted employment as far as vacation pay is concerned, and any portion of the vacation for which the employee was paid which is unearned at the time of being called to duty may be made up upon return to state service. If the employee does not return to the state service, the employee shall within 2 years after termination of leave repay the state the amount not earned. The application of this provision is retroactive to all state employees called to active duty under
P.L. 87-117 (
10 USC 263).
230.32(2)(b)
(b) Any classified employee who was serving the probationary period, except in the capacity of a substitute, when he or she left state service shall, under this section, be restored to that point of service in the probationary period as though state employment had not been so interrupted.
230.32(2)(c)
(c) Any classified employee who had attained restoration rights as a seasonal employee when he or she left state service shall, under this section, be restored to such seasonal position or eligibility as though the service or eligibility had not been so interrupted.
230.32(3)(a)(a) Any classified employee who leaves state service and enters the armed forces of the United States shall, under this section, be granted written military leave of absence by the appointing authority. Notice of such leave from state service and the terms of any such leave shall be given in writing by the appointing authority to the secretary for purposes of record.
230.32(3)(b)
(b) Any classified employee who leaves state service for civilian employment in response to a specific request or order of the federal government or any of its agencies in connection with manpower redistribution and utilization shall, under this section, make written application to the appointing authority for civilian leave of absence presenting such specific request or order of the federal government as supporting evidence. Such civilian leave shall be allowed by the appointing authority and its terms, which shall conform to the rules of the secretary, shall be in writing. Notice of such leave from state service shall be made in writing by the appointing authority to the secretary for purposes of record.
230.32(3)(c)
(c) All such military or civilian leaves of absence as heretofore may have been granted are validated and shall be deemed to be sufficient and effective hereunder. Such leaves shall be recorded with the secretary.
230.32(4)
(4) Any person appointed to fill the position of an employee on such military or civilian leave shall be designated as a substitute or replacement employee and upon the return and reemployment of the original employee the substitute employee shall be transferred to a similar position with the same employing agency if one is available, or if not, he or she shall be eligible for reinstatement or have the right of restoration in accordance with this subchapter and the rules of the administrator. The status of any person who is appointed to fill the place of an employee on military or civilian leave under this section shall be governed by the rules of the administrator pursuant thereto.
230.32(5)
(5) The restoration of classified former employees of the state shall be governed by this section and by the rules of the administrator.
230.32(6)
(6) Any classified employee on June 5, 1953, who entered the service of the United States in civilian war emergency employment on or after January 1, 1942, and who was not at the time of such entry an employee of the state, and who on November 16, 1946, in accordance with
P.L. 79-549 was transferred to the service of this state shall have such seniority rights as though having been a member of the classified service of the state during the period of employment in the service of the United States.
230.32(7)
(7) Any employee who is absent from state service because the employee is in active service, as defined in
s. 21.80 (1) (a), is entitled to all reemployment rights and benefits provided under
s. 21.80.
230.33
230.33
Leave of absence and pay while serving in unclassified position. Employees who have completed an original appointment probationary period in the classified service and are appointed to a position in the unclassified service shall be subject to the following provisions relative to leave of absence, restoration rights, reinstatement privileges and pay:
230.33(1)
(1) A person appointed to an unclassified position by the governor, elected officer, judicial body or by a legislative body or committee shall be granted a leave of absence without pay for the duration of the appointment and for 3 months thereafter, during which time the person has restoration rights to the former position or equivalent position in the department in which last employed in a classified position without loss of seniority. The person shall also have reinstatement privileges for 5 years following appointment to the unclassified service or for one year after termination of the unclassified appointment whichever is longer. Restoration rights and reinstatement privileges shall be forfeited if the reason for termination of the unclassified appointment would also be reason for discharge from the former position in the classified service.
230.33(1m)
(1m) A person appointed to an unclassified position by an appointing authority other than an appointing authority described under
sub. (1), when both the classified and unclassified positions are within the appointing authority's department, shall be granted a leave of absence without pay for the duration of the appointment and for 3 months thereafter, during which time the person has restoration rights to the former position or equivalent position in the department in which last employed in a classified position without loss of seniority. The person shall also have reinstatement privileges for 5 years following appointment to the unclassified service or for one year after termination of the unclassified appointment whichever is longer. Restoration rights and reinstatement privileges shall be forfeited if the reason for termination of the unclassified appointment would also be reason for discharge from the former position in the classified service.
