12. Place where comments are to be submitted and deadline for submission:
Written comments may be submitted at the public hearing, by regular mail or email to the contact information listed above.
A public hearing will be held on Tuesday, February 20, 2018 from 1:00 pm to 4:00 pm at the Department of Administration building located at 101 E. Wilson Street, Madison, WI 53703.
Rule comments will be accepted until close of business on Tuesday, February 20, 2018.
RULE TEXT
Section 1. ER 1.02 (2) (b), (8), (9), (22), (42) and (46) are amended to read:
ER 1.02 (2) (b) Eliminating a substantial disparity between the proportion of members of racial and ethnic, gender or handicap disability groups either in the classified civil service determined by grouping classifications according to similar responsibilities, pay ranges, nature of work, other factors recognized in the job evaluation process and any other factors the division considers relevant, or in similar functional groups in the unclassified service, and the proportion of members of racial and ethnic, gender or handicap disability groups in the relevant labor pool.
(8) “Demotion” means the permanent appointment of an employee with permanent status in one class to a position in a lower class than the highest position currently held in which the employee has permanent status in class, unless excluded under s. ER−MRS 17.02. A demotion directed by the appointing authority shall be considered involuntary.
(9) “Discrimination” means unlawful actions or practices which constitute unequal or different treatment of, or create an unequal or different effect on an individual or group of people, on the basis of age, race, creed or religion, color, handicap disabled, sex, marital status, national origin or ancestry, political affiliation, arrest or conviction record, sexual orientation, or other bases specified under subch. II of ch. 111, Stats. (22) “Original appointment” means the appointment of a person who has not attained permanent status in class or permanent status, or the appointment of a current or former employee on a basis other than a demotion, promotion, reinstatement, or restoration or transfer basis to a classified position in which permanent status can be attained. Under s. ER−MRS 13.03, “original appointment” does not include appointment of an incumbent employee who is certified and appointed under s. 230.15 (1m) (c), Stats. (42) “Restoration” means the act of mandatory reappointment without competition of an employee or former employee under s. 230.34, 2013 Stats., s. 230.31, 230.32, or 230.33 or 230.34, Stats., to a position: (a) in the same class in which the person was previously employed; (b) in another classification to which the person would have been eligible to transfer had there been no break in employment; or (c) in a class having a lower pay rate or pay range maximum for which the person is qualified to perform the work after the customary orientation provided to newly hired workers in the position. (46) “Transfer” means the permanent appointment of an employee to a different position assigned to a class having the same or counterpart pay rate or pay range as a class to which any of the employee’s current positions is assigned. A transfer directed by the appointing authority shall be considered involuntary.
Section 2. ER 18.01 (2) (b), (2) (e), (3) (f), (4m), and (6) (a) are amended to read:
ER 18.01 (2) (b) Unclassified staff Employees of the University of Wisconsin System not identified under s. 20.923 (4), Stats.; (2) (e) One stenographer Stenographers employed by each elective constitutional officer under s. 230.08 (2) (g), Stats.; and (3) (f) Layoff prior to July 1, 2016 and subsequent restoration from layoff under s. ER−MRS 22.10 within 3 years.
(4m) “Layoff” means the termination of the services of an employee with permanent status in class from a position in a group in which a reduction in force is to be accomplished and which results in a mandatory permissive reemployment right eligibility of the affected employee to future positions.
(6) (a) Employment in the classified service in which the nature and conditions do not permit attainment of permanent status in class, for which the use of normal procedures for recruitment and examination selection are not practicable, and which is not project employment; or
Section 3. ER 18.02 (1), (2) (a), (2) (a) (Note), (2) (b) 6., (3) (a), (3) (c) 3., (5) (a), and (5) (c), are amended to read:
ER 18.02 (1) EMPLOYEES WHO EARN ANNUAL LEAVE OF ABSENCE. With the exception of limited term employees, all employees shall earn annual leave as provided in this section. Special rate tables and provisions for specific classifications may be provided in the compensation plan.
(2) COMPUTING CONTINUOUS SERVICE. (a) Only the most recent period in continuous employment status in either the unclassified service under s. 230.08 (2), Stats., employment in the University of Wisconsin System as provided in s. 230.15 (4), Stats., or as a permanent employee in the classified service or both any combination shall be counted in determining an employee’s length of continuous service. This excludes time served as a limited term employee or in those positions under s. 230.08 (2) (k), Stats., regarding youth camps and students respectively. The inclusion of time served in a project appointment is governed by s. ER 18.05 (3) and (4). (2) (a) (Note): Section 230.08 (2) (k), Stats., was repelaed repealed.
(2) (b) 6. Was an employee who left the service, returned to state employment on or after July 1, 2003, and immediately attained exempt status under the federal Fair Labor Standards Act, 29 USC 201 to 219 in a nonrepresented position, or subsequently attained such status in a nonrepresented position was an employee appointed to a career executive position under the program established under s. 230.24, Stats., or a position designated in s. 19.342 (10) (L) or 20.923 (4), (7), (8) and (9), Stats., or authorized under s. 230.08 (2) (e), Stats. and is reemployed and immediately attains exempt status under the federal Fair Labor Standards Act, 29 USC 201 to 219. This subdivision applies regardless of the duration of absence as provided under s. 230.35 (1m) (f), Stats. (3) ELIGIBILITY. (a) Pursuant to ss. 230.27 (2m) and 230.35 (1) (b), Stats., permanent and project employees in the classified service are not eligible to take annual leave during the first 6 months of the most recent period of continuous service in the classified service unless to use annual leave already accrued in an unclassified position. Continuous service credits earned during employment in the unclassified service do not count toward this 6 month qualifying period. Employees who terminate during this 6 month period are deemed to have earned annual leave credits but have not acquired eligibility to take annual leave or receive any payment for the annual leave credits earned during this 6 month period. (3) (c) 3. Annual leave for full−time, full year employees in exempt status under the federal Fair Labor Standards Act, 29 USC 201 to 219, in a nonrepresented position on or after July 1, 2003 shall be based upon accumulated continuous service and earned at the rate shown in the following table: (5) (a) Pursuant to s. 230.35 (1p) (a), Stats., employees who earn annual leave at the rate of 160, or 176, or 184 hours per year may elect to receive up to 40 hours of such leave, or prorated portion thereof, among one or more of the following options: (5) (c) The number of hours available for use under pars. (a), and (b), and (bm) shall be prorated at the pertinent annual leave rate or rates for employees who work less than 2080 hours during the calendar year.
Section 4. ER 18.04 (1) and (2) (b) 3. are amended to read:
ER 18.04 (1) EMPLOYEES WHO EARN HOLIDAYS. All employees except limited term employees earn holidays under this section. Special provisions for specific classifications may be provided in the compensation plan.
(2) (b) 3. The amount of compensatory time, recorded at the one and one−half rate specified under par. (b) that is not scheduled and used within the first 6 months of the ensuing calendar year, shall be paid in cash at the employee’s current regular rate in accordance with the compensation plan. Any such payment shall be made prior to the administrative date for compensation adjustments established under s. 230.12 (8), Stats. Section 5. ER 18.05 (2) (b) is amended to read:
ER 18.05 (2) (b) Except as provided in pars. (e) and (g), upon entry to employment covered by this chapter from state unclassified employment which was not covered by this chapter, unused leave credits accumulated under the employment not covered by this chapter may be retained by the employee upon mutual agreement between the employee and the new appointing authority. Such agreements are subject to approval by the administrator. The total amount of leave credits retained by the employee may not exceed the unused leave credits which could have been accumulated in accordance with the provisions of this chapter. Negative leave credit balances shall not be transferred. An elected official is not eligible to transfer unused leave credits earned during employment as an elected official to employment covered by this chapter other than unused sick leave credits. The transfer of unused sick leave credits accumulated under state unclassified employment not covered by this chapter will be authorized subject to the limits specified in this paragraph. The restoration of unused sick leave credits accumulated under state unclassified employment not covered by this chapter will be in accordance with s. ER 18.03 (5) (a), except the total credits restored may not exceed those that could have been accumulated in accordance with the provisions of this chapter. Section 6. ER 18.08 (1) is amended to read:
ER 18.08 (1) NATIONAL GUARD, STATE GUARD, RESERVE CORPS. For project employees, eligibility for annual military leave under s. 230.35 (3), Stats., shall be earned after completion of the first 6 12 months of employment in a project position. If prior eligibility has been attained in a permanent, seasonal, sessional or unclassified position and the employee has been appointed to the project position without an interruption of continuous service, such prior eligibility shall be retained. Section 7. ER 18.12 (title) and 18.12 are amended to read:
ER 18.12 Leaves of absence for promotional examinations and civil service interviews. Each employee with permanent status in class shall be eligible for and may request up to 16 hours paid leave time each calendar year for the purpose of competing in no more than 2 Wisconsin State Civil Service examinations which could make the employee eligible for promotion and for participating in employment interviews in connection with such examinations when such examinations and interviews are conducted during an employee’s scheduled work time. Employees shall be granted such requests provided due notice has been given by the employee and work coverage will not be interrupted. Such time shall not exceed the number of hours reasonably required to attend such examinations and interviews, including travel time. Leave time for more than 2 examinations interviews in each calendar year and interviews in connection with such examinations may be granted to employees at the discretion of the appointing authority.
Section 8. ER 18.15 (1) (c) is amended to read:
ER 18.15 (1) (c) “Employee” means any person who receives remuneration for services rendered to the state under an employer−employee relationship, except employees in positions under s. 230.08 (2) (cm), (d) and (k), Stats., unless approved or authorized by the UW Board of Regents, unclassified employees of the State of Wisconsin Investment Board, elected officials and limited term employees. Section 9. ER 18.15 (1) (c) (Note) is repealed.
Section 10. ER 18.18 is created to read:
ER 18.18 Paid leave to serve as an election official. As provided in s.7.33, Stats., an appointing authority shall grant leave without loss of pay to a state employee who serves as an election official.
Section 11. ER 21.01 (1) is amended to read:
ER 21.01 (1) “Leave credits” has the meaning defined in s. ER 18.01 (5), excluding sick leave. Section 12. ER 21.03 (2) (intro) is amended to read:
