230.35(3)(a)(a) Officials and employes of the state who have permanent status and who are members of the national guard, the state defense force, or any other reserve component of the military forces of the United States or this state now or hereafter organized or constituted under federal or state law, are entitled to leaves of absence without loss of time in the service of the state, to enable them to attend military schools and annual field training or annual active duty for training, and any other state or federal tours of active duty, except extended active duty or service as a member of the active armed forces of the United States which have been duly ordered but not exceeding 30 days, excluding Saturdays, Sundays and holidays enumerated in
sub. (4) in the calendar year in which so ordered and held. During this leave of absence, each state official or employe shall receive base state pay less the base military pay received for and identified with such attendance but such reduction shall not be more than the base state pay. Such leave shall not be granted for absences of less than 3 days. A state official or employe serving on state active duty as a member of the national guard or state defense force, may elect to receive pay from the state under
s. 20.465 (1) in an amount equal to base state salary for such period of state active duty. Leave granted by this section is in addition to all other leaves granted or authorized by any other law. For the purpose of determining seniority, pay or pay advancement and performance awards the status of the employe shall be considered uninterrupted by such attendance.
230.35(3)(b)
(b) Officials and employes of the state who are called to report for a preinduction physical for the military service shall be granted a leave of absence with pay for the time actually and necessarily spent in response to such call.
230.35(3)(c)
(c) Officials and employes of the state summoned for grand or petit jury service are entitled to leaves of absence without loss of time for the time of absence required pursuant to the summons and thereafter. There shall be no deduction from, nor interruption of pay from the state because of such absence.
230.35(3)(d)
(d) Employes of the state are entitled to reasonable paid leaves of absence to compete in promotional examinations and interviews. The secretary shall promulgate rules governing the lengths of time allowable for such leaves, their frequency and the provisions for their use.
230.35(3)(e)1.1. In this paragraph, "specialized disaster relief services" means professional, technical or other services that require advanced training or expertise and that are provided to assist persons affected by a disaster.
230.35(3)(e)2.
2. An appointing authority may grant a leave of absence to a state employe to allow the employe to participate in providing specialized disaster relief services if all of the following conditions are met:
230.35(3)(e)2.b.
b. The employe is a certified disaster service volunteer of the American Red Cross.
230.35(3)(e)2.c.
c. The American Red Cross submits a written request to the employe's appointing authority for the services of the employe. The request shall also specify who has requested the assistance of the American Red Cross in the particular disaster.
230.35(3)(e)2.d.
d. The employe has permanent status, if the employe's position is included in the classified service.
230.35(3)(e)2.e.
e. The leave of absence conforms with any rules of the secretary regarding leaves of absence to provide specialized disaster relief services.
230.35(3)(e)2m.
2m. The governor may authorize appointing authorities to grant a leave of absence to any employe who satisfies the conditions listed in
subd. 2. b. to
e. to allow that employe to provide specialized disaster relief services in connection with a particular disaster that occurred outside this state. The governor may specify a disaster under this subdivision at any time after the disaster occurs.
230.35(3)(e)3.
3. A leave of absence granted under
subd. 2. or
2m. may not exceed 30 workdays each year.
230.35(3)(e)4.
4. An employe who is granted a leave of absence under
subd. 2. or
2m. shall receive his or her base state pay without interruption during the leave of absence. For purposes of determining seniority, pay or pay advancement and performance awards, the service of the employe shall be considered uninterrupted by a leave of absence granted under
subd. 2. or
2m.
230.35(3)(e)5.
5. The secretary may promulgate any rules necessary to implement this paragraph.
230.35(4)(a)(a) Except as otherwise provided in
sub. (5) (c), the office of the agencies of state government shall be kept open on all days of the year except Saturdays, Sundays and the following holidays:
230.35(4)(a)1m.
1m. The 3rd Monday in January, which shall be the day of celebration for January 15.
230.35(4)(a)3.
3. The last Monday in May, which shall be the day of celebration for May 30;
230.35(4)(a)10.
10. The day following if January 1, July 4 or December 25 falls on Sunday.
230.35(4)(b)
(b) Compensatory time off or payment, either of which shall be at the rate of time and one-half, shall be granted to state employes for all work performed on the holidays enumerated in
par. (a) 1. to
9.
230.35(4)(c)
(c) All employes except limited term employes shall receive 9 paid holidays annually in addition to any other authorized paid leave, the time to be at the discretion of the appointing authorities.
230.35(4)(d)
(d) In addition to the holidays granted under
par. (c), all employes except limited term employes shall earn 3.5 paid personal holidays each calendar year. Eligibility to take the personal holidays during the year earned is subject to the following:
230.35(4)(d)1.
1. Employes serving the first 6 months of a probationary period for an original appointment or as a trainee may anticipate the personal holidays earned during each year and be eligible to take the personal holidays during the probationary period, subject to subsequent completion of the first 6 months of the probationary period and also subject to
subd. 3. If an employe does not complete the first 6 months of probationary service, any holiday time taken under this paragraph shall then be considered approved leave without pay, and the agency shall recover from the employe the value of such time.
230.35(4)(d)2.
2. Employes who have completed the first 6 months of a probationary period for an original appointment or as a trainee shall be eligible to take the paid holidays throughout the calendar year earned, subject to
subd. 3.
230.35(4)(d)3.
3. Such holidays shall be taken at the discretion of the appointing authority who shall respect the wishes of the eligible employes as to the time of taking the holidays under this paragraph insofar as the needs of the service will permit.
230.35(4)(d)4.
4. Personal holidays earned each year shall be noncumulative. However, if an appointing authority denies an employe the opportunity to take a personal holiday during the calendar year earned, the employe shall be permitted to carry over such day to the next year. In no event may such denial and carry-over occur in subsequent successive years.
230.35(4)(e)
(e) Appointing authorities shall give employes time off for voting under
s. 6.76 without any deduction of compensation for time lost thereby.
230.35(4)(f)
(f) Monday to Friday the offices of the agencies of state government shall open at 7:45 a.m. and close at 4:30 p.m., with intermissions from 11:45 a.m. to 12:30 p.m. Agencies may, with the permission of the governor, adjust opening and closing hours and intermission periods to relieve traffic congestion or as the needs of the service otherwise require.
230.35(5)(a)(a) Except as provided under
s. 230.215 (5), the standard basis of employment for the state service is 40 hours each 7 consecutive calendar day period, except that when the needs of an employing unit cannot be fulfilled by adhering to the standard basis of employment, additional hours of work may be required by the appointing authority. During a proclaimed national emergency, the governor may extend the workweek and adjust the working hours to use the available manpower of any or all agencies as he or she deems essential.
230.35(5)(b)
(b) The standard basis of employment shall be divided into 5 work days of 8 hours each except as provided under
s. 230.215 (5), and except that when the conditions of employment cannot be satisfied by adhering to this division or when the public would not be inconvenienced, deviations may be permitted upon recommendation of the appointing authority and subsequent approval by the secretary.
230.35(5)(c)
(c) The governor may order some or all of the offices and other work stations of the departments of state government closed for specified periods of time or may order such other deviations in office hours or the standard basis of employment as may be necessitated by weather conditions, energy shortages or emergency situations. The governor's order may specify how any time off or other deviation occasioned by the order may be covered for state employes.
230.35 History
History: 1971 c. 91,
125,
183,
211,
226;
1971 c. 270 ss.
70,
71,
83,
104; Stats. 1971 s. 16.30;
1973 c. 51,
243;
1975 c. 28,
39,
41;
1975 c. 147 s.
54;
1975 c. 189,
199,
421,
422;
1977 c. 44;
1977 c. 187 s.
135;
1977 c. 196 ss.
56,
118,
130 (3), (5), (12),
131;
1977 c. 273;
1977 c. 418 ss.
726,
727,
924 (13m); Stats. 1977 s. 230.35;
1979 c. 34,
89;
1979 c. 110 s.
60 (11);
1979 c. 221;
1981 c. 20,
96,
140;
1983 a. 27 s.
2200 (15);
1983 a. 30 ss.
4 to
11,
14;
1983 a. 71,
140;
1983 a. 192 ss.
220,
221,
304;
1985 a. 119;
1987 a. 63,
287,
340,
399,
403;
1989 a. 56 s.
259;
1991 a. 39;
1993 a. 12,
47;
1995 a. 37,
178;
1997 a. 118,
307.
230.36
230.36
Hazardous employment, injuries, pay continued. 230.36(1)(1) If a conservation warden, conservation patrol boat captain, conservation patrol boat engineer, state forest ranger, conservation field employe of the department of natural resources who is subject to call for fire control duty, member of the state patrol, state motor vehicle inspector, lifeguard, excise tax investigator employed by the department of revenue, special criminal investigation agent employed by the department of justice, special tax agent, state drivers' license examiner, state fair park police officer, University of Wisconsin System police officer and other state facilities police officer and patrol officer, security officer, watcher, engineer, engineering aide, building construction superintendent, fire fighter employed at the Wisconsin Veterans Home, or guard or institutional aide or a state probation, extended supervision and parole officer or any other employe whose duties include supervision and discipline of inmates or wards of the state at a state penal institution, including a secured correctional facility, as defined in
s. 938.02 (15m), or while on parole supervision or extended supervision outside of the confines of the institutions, or supervision of persons placed on probation by a court of record, or supervision and care of patients at a state mental institution, and the University of Wisconsin Hospitals and Clinics suffers injury while in the performance of his or her duties, as defined in
subs. (2) and
(3); or any other state employe who is not listed in this subsection and who is ordered by his or her appointing authority to accompany any employe listed in this subsection while the listed employe is engaged in the duties defined in
sub. (3), or any other state employe who is not listed in this subsection and who is ordered by his or her appointing authority to perform the duties, when permitted, in lieu of the listed employe and while so engaged in the duties defined in
sub. (3), suffers injury as defined in
sub. (2) the employe shall continue to be fully paid by the employing agency upon the same basis as paid prior to the injury, with no reduction in sick leave credits, compensatory time for overtime accumulations or vacation and no reduction in the rate of earning sick leave credit or vacation. The full pay shall continue while the employe is unable to return to work as the result of the injury or until the termination of his or her employment upon recommendation of the appointing authority. At any time during the employe's period of disability the appointing authority may order physical or medical examinations to determine the degree of disability at the expense of the employing agency.
230.36(2)
(2) "Injury" as used in this section is physical harm to an employe caused by accident or disease.
230.36(3)
(3) As used in this section "performance of duties" means duties performed in line of duty by:
230.36(3)(a)
(a) A forest ranger or field employe of the department of natural resources who is subject to call for forest fire control duty or fire watcher employed at the Wisconsin veterans home, and lifeguard, at all times while:
230.36(3)(a)1.
1. Driving or riding in a vehicle, aircraft or boat under circumstances which require hazardous maneuvering or speed in excess of the normal or posted limits in the performance of fire control duties;
230.36(3)(a)2.
2. Engaged in an effort to save lives, recover dead bodies, or protect public or private property;
230.36(3)(a)3.
3. Going to or returning from a fire and while engaged in the suppression of a fire; or
230.36(3)(a)4.
4. Engaged in public demonstration or training exercises provided such demonstration or training exercises are authorized by the appointing authority.
230.36(3)(b)
(b) A conservation warden, conservation patrol boat captain, conservation patrol boat engineer, member of the state patrol, state motor vehicle inspector, university of Wisconsin system police officer, security officer, watcher, state fair park police officer, special tax agent, excise tax investigator employed by the department of revenue and special criminal investigation agent employed by the department of justice at all times while:
230.36(3)(b)1.
1. In the process of making an arrest or investigating any violation or suspected violation of the law or the quelling of a riot or any other violence;
230.36(3)(b)2.
2. Engaged in an effort to save lives, recover dead bodies or protect public or private property;
230.36(3)(b)3.
3. Driving or riding in a vehicle, aircraft or boat under circumstances which require hazardous maneuvering or speed in excess of the normal or posted limits in the performance of law enforcement duties; or
230.36(3)(b)4.
4. Engaged in public demonstration or training exercises provided such demonstration or training exercises are authorized by the appointing authority.
230.36(3)(c)
(c) A guard, institution aide, or other employe at the University of Wisconsin Hospitals and Clinics or at a state penal or mental institution, including a secured correctional facility, as defined in
s. 938.02 (15m), and a state probation, extended supervision and parole officer, at all times while:
230.36(3)(c)1.
1. In the process of quelling a riot or disturbance or other act of violence;
230.36(3)(c)2.
2. In the process of restraining patients, inmates, probationers, parolees or persons on extended supervision and apprehending runaways or escapees, including probationers, parolees and persons on extended supervision;
230.36(3)(c)3.
3. When injury is occasioned as the result of an act by a patient, inmate, probationer, parolee or person on extended supervision;
230.36(3)(c)4.
4. In the process of making an arrest or investigating any violation or suspected violation of law pursuant to police powers authorized by
s. 46.058 (2) or
301.29 (2) and rules adopted pursuant thereto;
230.36(3)(c)5.
5. Going to or returning from a fire, engaging in the suppression of a fire, evacuating patients or inmates because of a fire or engaging in fire drills; or
230.36(3)(c)6.
6. When disease is contracted as a result of exposure to such disease arising out of the care of inmates or patients.
230.36(3)(d)
(d) A drivers' license examiner at all times while examining drivers, conducting road tests or checking motor vehicles.
230.36(3)(e)
(e) An engineering aide, engineer or building construction superintendent at all times while:
230.36(3)(e)1.
1. Driving or riding in vehicles which require hazardous maneuvering of extremely slow speed while marking or measuring physical characteristics of highways.
230.36(3)(e)2.
2. Surveying or inspecting within the right of way of highways on which traffic is maintained.
230.36(3)(e)3.
3. Surveying or inspecting on construction sites where heavy equipment is operating.
230.36(3)(e)4.
4. Investigating or inspecting highways, structures or terrain under hazardous conditions.
230.36(5)
(5) The employing agency which makes payments under this section is entitled to the right of subrogation for reimbursement to the extent that the injured employe may recover the reimbursed items in an action or claim in tort against any 3rd party. The repayment shall not exceed the total sums paid to such employe under this section and shall be limited to the total sum credited to such employe, as damages for pay and fringe benefits actually received in the settlement of any claim caused by the negligence of such 3rd party.
230.36(6)
(6) Any person who is employed by the University of Wisconsin Hospitals and Clinics Authority, who suffers an injury as defined in
sub. (2) between June 29, 1996, and June 30, 1997, shall be covered under this section if the person, had he or she been a state employe, would have been covered under this section.
230.36 History
History: 1971 c. 164,
270;
1973 c. 333 s.
201m;
1975 c. 39,
189,
199,
224,
422;
1977 c. 26;
1977 c. 196 ss.
57,
119,
130 (4);
1977 c. 418 ss.
728,
729,
924 (50);
1977 c. 447 ss.
146,
206; Stats. 1977 s. 230.36;
1979 c. 32;
1979 c. 221 ss.
745,
746,
2202 (15);
1985 a. 29,
135;
1987 a. 27,
83;
1989 a. 31;
1993 a. 98,
215,
491;
1995 a. 27,
77;
1997 a. 283.
230.36 Annotation
Discussion of s. 230.36, 1977 stats., continuation of pay to employe injured in hazardous employment, with respect to long-term disability. 68 Atty. Gen. 25.
230.37
230.37
Standards of performance and ratings. 230.37(1)
(1) In cooperation with appointing authorities the secretary shall establish an employe performance evaluation program to provide a continuing record of employe development and, when applicable, to serve as a basis for pertinent personnel actions. Similar evaluations shall be conducted during the probationary period but may not infringe upon the authority of the appointing authority to retain or dismiss employes during the probationary period.
230.37(2)
(2) When an employe becomes physically or mentally incapable of or unfit for the efficient and effective performance of the duties of his or her position by reason of infirmities due to age, disabilities, or otherwise, the appointing authority shall either transfer the employe to a position which requires less arduous duties, if necessary demote the employe, place the employe on a part-time service basis and at a part-time rate of pay or as a last resort, dismiss the employe from the service. The appointing authority may require the employe to submit to a medical or physical examination to determine fitness to continue in service. The cost of such examination shall be paid by the employing agency. In no event shall these provisions affect pensions or other retirement benefits for which the employe may otherwise be eligible.
230.37 History
History: 1971 c. 270 ss.
66,
81; Stats. 1971 s. 16.32;
1977 c. 196 ss.
59,
130 (4);
1977 c. 273; Stats. 1977 s. 230.37;
1987 a. 140.
230.40
230.40
Political activities; public office. 230.40(1)
(1) No person holding a position in the classified civil service may directly or indirectly solicit or receive subscriptions or contributions for any partisan political party or any political purpose while on state time or engaged in official duties as an employe. No person may orally solicit or by letter transmit any solicitation to a state office or be in any manner concerned in soliciting any assistance, subscription, or support for any partisan political party or purpose from any person holding any position in the classified civil service while on state time or engaged in official duties as an employe. No person holding any position in the classified civil service may during the hours when on duty engage in any form of political activity calculated to favor or improve the chances of any political party or any person seeking or attempting to hold partisan political office, nor engage in any political activity when not on duty to such an extent that the person's efficiency during working hours will be impaired or that he or she will be tardy or absent from work. Any violation of this section is adequate grounds for dismissal.
230.40(2)
(2) If a person in the classified service declares an intention to run for partisan political office the person shall be given a leave of absence for the duration of the election campaign and if elected shall separate from the classified service on assuming the duties and responsibilities of such office.
230.40(3)
(3) A person who separates from the classified service to fill an elective position shall have reinstatement privileges for 5 years following termination from the classified service or for one year following termination from the elective position, whichever is longer.
230.40(4)
(4) A person in the classified service may be granted upon concurrence by the person's appointing authority a leave of absence to participate in partisan political campaigning.
230.40(5)
(5) Persons on leave from the classified service under
subs. (2) and
(4) shall not be subject to the restrictions of
sub. (1), except as they apply to the solicitation of assistance, subscription or support from any person holding any position in the classified service.
230.40(6)
(6) The administrator shall administer this section.
230.40 History
History: 1971 c. 270 s.
82; Stats. 1971 s. 16.35;
1973 c. 334;
1977 c. 196 s.
61;
1977 c. 273; Stats. 1977 s. 230.40;
1979 c. 221;
1997 a. 307.
230.40 Annotation
State employes covered by the Hatch Act cannot be discharged for partisan political participation while on leaves of absence under (2) and (4). 63 Atty. Gen. 217.
230.40 Annotation
Discussion of restrictions on political activities of state employes under federal and state law. 67 Atty. Gen. 315.
230.40 Annotation
Classified state employes whose positions are federally funded in whole or in part, and who are not covered by a collective bargaining agreement, are entitled to leaves of absence in order to run for partisan political office and cannot be compelled to resign. Leaves of absence for such employes are governed generally by terms of applicable collective bargaining agreements.
73 Atty. Gen. 131.
