Part-time employment and flexible-time schedules. 230.215(1)(1)
Declaration of policy.
The legislature finds and declares:
That employment practices which provide flexibility in scheduling hours of work often result in increased worker productivity, reduced absenteeism, improved employee morale and a more economical and efficient use of energy, highways and other transit systems.
That traditional full-time work patterns fail to meet the needs of many potentially productive citizens who, due to age, health or family circumstances, are effectively prevented from engaging in full-time employment.
That a greater number of permanent part-time employment opportunities are necessary to allow citizens a higher level of participation in the work force and to permit a greater utilization of the skills, talents and abilities of all citizens who want to work.
That it is the intent of the legislature that all agencies of state government participate in developing and creating flexible-time work schedules, additional permanent part-time positions and other alternative work patterns in order to maximize, in a manner consistent with the needs of state service, the employment options available to existing and potential state employees.
That it is the intent of the legislature that all agencies of state government make available permanent part-time employment opportunities in classified positions.
(2) Flexible-time employment scheduling.
In this subsection "flexible-time schedule" means a work schedule which includes required days or hours during which an employee subject to the work schedule must be present for work and designated hours during which the employee, with the approval of his or her supervisor, may elect a time of arrival to and departure from work. Every agency shall develop a plan for the establishment of employee flexible-time schedules. The plan shall attempt to maximize efficiency of agency operations, the level of services to the public, energy conservation and employee productivity and shall consider traffic congestion, transit facilities and other relevant factors.
An agency may, with the approval of the administrator and with the approval of the secretary of administration under s. 16.50
, restructure budgeted permanent positions as such positions become vacant or if an employee voluntarily requests a job-sharing or permanent part-time employment opportunity. No employee occupying a full-time permanent position may be involuntarily terminated, demoted, transferred or reassigned in order to restructure that position for permanent part-time employment and no such employee may be required to accept a permanent part-time position as a condition of continued employment.
If the administrator, upon review of the report submitted under sub. (4)
, determines that an agency's past or proposed actions relating to permanent part-time employment opportunities do not adequately reflect the policy under sub. (1) (e)
, the administrator may recommend procedures designed to enable the agency to effect such policy.
Permanent part-time appointments may be made for any number of hours in excess of 600 hours per year.
Each agency, in complying with s. 15.04 (1) (d)
, shall include a report on the progress or failure of the plans of such agency in achieving the policies stated under sub. (1)
and shall submit a copy of such report to the administrator.
(5) Nonapplication. Section 230.35 (5)
does not apply to employees subject to part-time employment and employee flexible-time scheduling under this section.
Entry professional selection. 230.22(1)
The administrator may establish by rule an entry professional class program for use in a wide range of entry professional positions.
In connection with this program the administrator may establish separate classifications and corresponding pay provisions to provide agencies an entry professional program, through which they can compete on campuses and in the labor market for the best available applicants.
Subject to s. 230.275
, the director may establish separate recruitment, evaluation and certification procedures for certain entry professional positions. Vacancies in entry professional positions may be limited to persons with a degree from an institution of higher education, as defined in s. 108.02 (18)
, or a degree under an associate degree program, as defined in s. 38.01 (1)
The director may provide for cooperative programs leading to eligibility for permanent appointment in order to enable institutions of higher education and agencies to attract and train the highest caliber of undergraduate or graduate students for government employment.
See also s. ER-MRS 8.20
, Wis. adm. code.
Career executive selection. 230.24(1)
The administrator may by rule develop a career executive program that emphasizes excellence in administrative skills in order to provide agencies with a pool of highly qualified executive candidates, to provide outstanding administrative employees a broad opportunity for career advancement, and to provide for the mobility of such employees among the agencies and units of state government for the most advantageous use of their managerial and administrative skills. To accomplish the purpose of this program, the director may provide policies and standards for recruitment, probation, employment register control, certification, transfer, promotion, and reemployment, and the director may provide policies and standards for classification and salary administration, separate from procedures established for other employment. The administrator shall determine the positions which may be filled from career executive employment registers.
The policy established by the director under sub. (1)
that deals with probation shall provide the option of extending the probationary period for individuals with disabilities, as defined in s. 111.32 (8)
, who are employees in a manner consistent with s. 230.28 (1) (bm)
An appointing authority shall fill a vacancy in a career executive position using an open competitive process, with due consideration given to affirmative action.
No rule may be adopted after September 15, 1979 which provides for an open enrollment period in the career executive program for incumbents who had an option to enter the program and who exercised the option of remaining outside of the program.
An appointing authority may reassign an employee in a career executive position to a career executive position in any agency if the appointing authority in the agency to which the employee is to be reassigned approves of the reassignment.
See also chs. ER 30
and ER-MRS 30
, Wis. adm. code.
Certification, appointments and registers. 230.25(1)(1)
Appointing authorities shall give written notice to the director of any vacancy to be filled in any position in the classified service. The director shall certify, under this subchapter and the rules of the director, from the register of eligibles appropriate for the kind and type of employment, the grade and class in which the position is classified, any number of names at the head thereof. In determining the number of names to certify, the director shall use statistical methods and personnel management principles that are designed to maximize the number of certified names that are appropriate for filling the specific position vacancy. Up to 2 persons considered for appointment 3 times and not selected may be removed from the register for each 3 appointments made.
After certifying names under sub. (1)
, the director shall additionally certify the names of the 3 highest ranked disabled veterans whose disability is at least 70 percent and the 3 highest ranked individuals each of whom is the spouse of a disabled veteran whose disability is at least 70 percent.
After certifying names under sub. (1)
, the director shall additionally certify the names of all of the following:
The 3 highest ranked disabled veterans who are not certified under par. (a)
The 3 highest ranked individuals each of whom is an unremarried spouse of a veteran who was killed in action.
The 3 highest ranked individuals each of whom is an unremarried spouse of a veteran who died of a service-connected disability.
After certifying names under subs. (1)
, the director may engage in expanded certification by doing one or more of the following:
Certifying up to 3 names of persons belonging to at least one of one or more specified racial or ethnic groups.
Certifying up to 3 names of persons of a specified gender.
The director may certify names under par. (a) 1.
only if an agency requests expanded certification in order to comply with an approved affirmative action plan or program. The director may certify names under par. (a) 3.
only if an agency requests expanded certification in order to hire persons with a disability.
If an appointing authority appoints a person certified under this section and the person is not a veteran, the spouse of a veteran or 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 division and annually submit a report to the division summarizing the reasons contained in the written records. The division shall annually prepare a report summarizing, for each agency, the reasons contained in the records prepared by appointing authorities under this subsection.
When certifying names to appointing authorities under this section, the director shall specify whether the certification includes qualifying veterans or persons the hiring of whom would serve affirmative action purposes, without divulging the names of those individuals.
If a veteran is included on a certification list and if the minimum qualifications and the skills, abilities, competencies, and knowledge of the veteran and any other applicant being interviewed for the position are equal, the appointing authority shall give a preference to the veteran for the position.
Unless otherwise provided in this subchapter or the rules of the director, appointments shall be made by appointing authorities to all positions in the classified service from among those certified to them in accordance with this section. Appointments shall be made within 30 days after the date of certification unless an exception is made by the director. If an appointing authority does not make an appointment within 30 days after certification, he or she shall immediately report in writing to the director the reasons therefor. If the director determines that the failure to make an appointment is not justified under the merit system, the director shall issue an order directing that an appointment be made.
Subject to par. (b)
, the term of eligibility on registers is 6 months and thereafter the register expires but may be reactivated by the administrator for up to 3 years from the date of the establishment of the register.
The director may allow a register to expire after 3 months, but only after considering the impact of such an action on the policy of this state to provide for equal employment opportunity and to take affirmative action, as specified in s. 230.01 (2)
The director may establish a new and separate register for a specific position or class only when in the director's judgment there is no appropriate existing register from which appointments may be made.
The director may establish separate registers for various geographic areas of the state if the needs of the service so require, provided proper publicity has been given of the intent to establish such registers.
Notwithstanding sub. (2) (a)
, if an appointing authority elects to appoint a disabled veteran to a vacant position on a noncompetitive basis under s. 230.275
and the appointing authority has requested a certification for the position, the director shall provide the appointing authority the names of all disabled veterans certified for appointment to the position and who satisfy the condition specified in s. 230.275 (1) (a)
and the names of all such disabled veterans who are on any other employment register that is identified by the appointing authority.
See also chs. ER-MRS 11
, Wis. adm. code.
The federal civil rights act of 1991 does not prohibit expanded certification under sub. (1n). 80 Atty. Gen. 264
Limited term appointments. 230.26(1)
The director may provide by rule for selection and appointment for limited term appointments, which are provisional appointments or appointments for less than 1,040 hours per year.
Sub. (1) is shown as affected by 2015 Wis. Acts 55
and as merged by the legislative reference bureau under s. 13.92 (2) (i).
An appointing authority may not appoint a person who is not a state resident to a limited term appointment unless approved by the director.
If there are urgent reasons for filling a vacancy in any position in the classified service and the director is unable to certify to the appointing authority, upon requisition by the latter, a list of persons eligible for appointment from an appropriate employment register, the appointing authority may nominate a person to the director. If the nominee is certified by the director as qualified, the nominee may be appointed provisionally to fill the vacancy until an appointment can be made from a register established after announcement of competition for the position, except that no provisional appointment may be continued for more than 45 working days after the date of certification from the register. Successive appointments may not be made under this subsection. This subsection does not apply to a person appointed to a vacant position in the classified service under s. 230.275
Fringe benefits specifically authorized by statutes, with the exception of deferred compensation plan participation under subch. VII of ch. 40
, worker's compensation, unemployment insurance, group insurance, retirement, and social security coverage, shall be denied employees hired under this section. Such employees may not be considered permanent employees and do not qualify for tenure, vacation, paid holidays, sick leave, performance awards, or the right to compete in promotional processes.
If the director determines that an agency is not in compliance with the requirements of, or rules related to, sub. (1)
regarding a particular employee, the director shall direct the appointing authority to terminate the employee.
See also ch. ER-MRS 10
, Wis. adm. code.
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.
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.
The director 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.
Subject to s. 230.275
, the director may provide by rule for the selection and appointment of a person to a project position.
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 division and annually submit a report to the division summarizing the reasons contained in the written records. The division shall annually prepare a report summarizing, for each agency, the information submitted by appointing authorities under this subsection.
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:
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.
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.
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.
See also chs. ER 34
and ER-MRS 34
, Wis. adm. code.
Noncompetitive appointment of certain disabled veterans. 230.275(1)(1)
Whenever a vacancy occurs in a position in the classified service, the appointing authority may appoint a disabled veteran on a noncompetitive basis if all of the following occur:
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 percent 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 percent.
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.
The appointing authority determines that the disabled veteran is qualified to perform the duties and responsibilities of the position.
The appointing authority notifies the director in writing that the position is to be filled with a disabled veteran on a noncompetitive basis.
The disabled veteran does not hold a permanent appointment or have mandatory restoration rights to a permanent appointment.
A disabled veteran appointed to a vacant position under this section need not be certified under this subchapter for appointment to the position.