SB21-SSA1,1204,2522
230.25
(3) (b) The
administrator
director may allow a register to expire after
233 months, but only after considering the impact of such an action on the policy of this
24state to provide for equal employment opportunity and to take affirmative action, as
25specified in s. 230.01 (2).
SB21-SSA1,3745
1Section
3745. 230.25 (4) of the statutes is amended to read:
SB21-SSA1,1205,52
230.25
(4) (a) The
administrator
director may establish a new and separate
3register for a specific position or class only when in the
administrator's director's 4judgment there is no appropriate existing register from which appointments may be
5made.
SB21-SSA1,1205,86
(b) The
administrator director may establish separate registers for various
7geographic areas of the state if the needs of the service so require, provided proper
8publicity has been given of the intent to establish such registers.
SB21-SSA1,3746
9Section
3746. 230.25 (5) of the statutes is amended to read:
SB21-SSA1,1205,1710
230.25
(5) Notwithstanding sub. (2) (a), if an appointing authority elects to
11appoint a disabled veteran to a vacant position on a noncompetitive basis under s.
12230.275 and the appointing authority has requested a certification for the position,
13the
administrator director shall provide the appointing authority the names of all
14disabled veterans certified for appointment to the position and who satisfy the
15condition specified in s. 230.275 (1) (a) and the names of all such disabled veterans
16who are on any other employment register that is identified by the appointing
17authority.
SB21-SSA1,3747
18Section
3747. 230.26 (1) of the statutes is amended to read:
SB21-SSA1,1205,2119
230.26
(1) The
administrator
director may provide by rule for selection and
20appointment for limited term appointments, which are provisional appointments or
21appointments for less than 1,044 hours per year.
SB21-SSA1,3748
22Section
3748. 230.26 (1m) of the statutes is amended to read:
SB21-SSA1,1205,2523
230.26
(1m) An appointing authority may not appoint a person who is not a
24state resident to a limited term appointment unless approved by the
administrator 25director.
SB21-SSA1,3749
1Section
3749. 230.26 (2) of the statutes is amended to read:
SB21-SSA1,1206,142
230.26
(2) If there are urgent reasons for filling a vacancy in any position in
3the classified service and the
administrator
director is unable to certify to the
4appointing authority, upon requisition by the latter, a list of persons eligible for
5appointment from an appropriate employment register, the appointing authority
6may nominate a person to the
administrator director for noncompetitive
7examination. If the nominee is certified by the
administrator director as qualified,
8the nominee may be appointed provisionally to fill the vacancy until an appointment
9can be made from a register established after announcement of competition for the
10position, except that no provisional appointment may be continued for more than 45
11working days after the date of certification from the register. Successive
12appointments may not be made under this subsection. This subsection does not
13apply to a person appointed to a vacant position in the classified service under s.
14230.275.
SB21-SSA1,3750
15Section
3750. 230.26 (5) of the statutes is amended to read:
SB21-SSA1,1206,1916
230.26
(5) If the
administrator
director determines that an agency is not in
17compliance with the requirements of, or rules related to, sub. (1), (1m) or (2)
18regarding a particular employee, the
administrator
director shall direct the
19appointing authority to terminate the employee.
SB21-SSA1,3751
20Section
3751. 230.27 (1m) (b) of the statutes is amended to read:
SB21-SSA1,1206,2421
230.27
(1m) (b) The
administrator
director may waive the prohibition under
22par. (a) if there is a critical need for employees in a specific classification or position
23or a critical shortage of residents of this state possessing the skills or qualifications
24required for a position.
SB21-SSA1,3752
25Section
3752. 230.27 (2) of the statutes is amended to read:
SB21-SSA1,1207,2
1230.27
(2) Subject to s. 230.275, the
administrator director may provide by rule
2for the selection and appointment of a person to a project position.
SB21-SSA1,3753
3Section
3753. 230.27 (2k) of the statutes is amended to read:
SB21-SSA1,1207,124
230.27
(2k) If an appointing authority selects, for a project position, a person
5who is not a veteran or is not a person the hiring of whom would serve affirmative
6action purposes, the appointing authority shall make and retain a written record of
7the appointing authority's reasons for selecting the person who was appointed. The
8appointing authority shall make the written records available to the
office division 9and annually submit a report to the
office division summarizing the reasons
10contained in the written records. The
office
division shall annually prepare a report
11summarizing, for each agency, the information submitted by appointing authorities
12under this subsection.
SB21-SSA1,3754
13Section
3754. 230.275 (1) (d) of the statutes is amended to read:
SB21-SSA1,1207,1614
230.275
(1) (d) The appointing authority notifies the
administrator director in
15writing that the position is to be filled with a disabled veteran on a noncompetitive
16basis.
SB21-SSA1,3755
17Section
3755. 230.28 (1) (a) of the statutes is amended to read:
SB21-SSA1,1208,418
230.28
(1) (a) All original and all promotional appointments to permanent,
19sessional and seasonal positions, with the exception of those positions designated as
20supervisor or management under s. 111.81, in the classified service shall be for a
21probationary period of 6 months, but the
administrator director at the request of the
22appointing authority and in accordance with the rules related thereto may extend
23any such period for a maximum of 3 additional months. Dismissal may be made at
24any time during such periods. Upon such dismissal, the appointing authority shall
25report to the
administrator director and to the employee removed, the dismissal and
1the reason therefor. The
administrator
director may remove an employee during the
2employee's probationary period if the
administrator
director finds, after giving notice
3and an opportunity to be heard, that such employee was appointed as a result of
4fraud or error.
SB21-SSA1,3756
5Section
3756. 230.28 (1) (b) of the statutes is amended to read:
SB21-SSA1,1208,106
230.28
(1) (b) The
administrator
director may authorize a longer probationary
7period not to exceed 2 years for any administrative, technical or professional
8position, in order to provide the appointing authority assurance that the employee
9has had adequate exposure to the various responsibilities which are a part of the
10position or classification.
SB21-SSA1,3757
11Section
3757. 230.28 (1) (bm) (intro.) of the statutes is amended to read:
SB21-SSA1,1208,1612
230.28
(1) (bm) (intro.) At the request of an appointing authority and an
13employee, the
administrator director may authorize, at any time before the
14completion of the probationary period, an extended probationary period of up to one
15additional year for an individual with a disability, as defined in s. 111.32 (8), who is
16the employee to allow the employee to do any of the following:
SB21-SSA1,3758
17Section
3758. 230.28 (1) (c) of the statutes is amended to read:
SB21-SSA1,1208,2018
230.28
(1) (c) Upon request by the appointing authority, the
administrator 19director may waive any portion of the lengthened probationary period but in no case
20before a 6-month probationary period has been served.
SB21-SSA1,3759
21Section
3759. 230.28 (3) of the statutes is amended to read:
SB21-SSA1,1208,2522
230.28
(3) If an employee is removed from a position during the probationary
23period, and the
administrator director determines that the person is suitable for
24appointment to another position, the person's name may be restored to the list from
25which it was certified.
SB21-SSA1,3760
1Section
3760. 230.28 (4) of the statutes is amended to read:
SB21-SSA1,1209,102
230.28
(4) A person reinstated in an employing unit other than one in which
3the person previously served in permanent status in the class in which the person
4is being reinstated, an employee who transfers from one employing unit to another,
5an employee who moves to a different employing unit in conjunction with a voluntary
6demotion, and a person who had not obtained permanent status in class in a
7supervisory or management position prior to appointment to another supervisory or
8management position, may be required by the appointing authority to serve a
9probationary period. Provisions for the duration of such probationary period shall
10be provided in the rules of the
administrator
director.
SB21-SSA1,3761
11Section
3761. 230.29 of the statutes is amended to read:
SB21-SSA1,1209,13
12230.29 Transfers. A transfer may be made from one position to another only
13if specifically authorized by the
administrator
director.
SB21-SSA1,3762
14Section
3762. 230.30 (1) of the statutes is amended to read:
SB21-SSA1,1210,215
230.30
(1) Each agency shall constitute an employing unit for purposes of
16personnel transactions, except where appropriate functional, organizational or
17geographic breakdowns exist within the agency and except as provided in sub. (2).
18These breakdowns may constitute a separate employing unit for one or more types
19of personnel transactions under an overall employing unit plan if requested by the
20appointing authority of that agency and approved by the
administrator director. If
21the
administrator director determines, after conferring with the appointing
22authority of the employing agency, that an employing unit is or has become
23inappropriate to carry out sound personnel management practices due to factors
24including, but not limited to, the size or isolated location of portions of the employing
1unit, the
administrator director may revise the employing unit structure of the
2agency to effect the remedy required.
SB21-SSA1,3763
3Section
3763. 230.31 (1) (b) of the statutes is amended to read:
SB21-SSA1,1210,84
230.31
(1) (b) For a 3-year period from the date of separation, if on layoff status,
5the person shall be placed, in inverse order of layoff, on an appropriate mandatory
6restoration register for the unit used for layoff and on a restoration register for the
7agency from which the person was laid off. Use of such registers shall be subject to
8the rules of the
administrator director.
SB21-SSA1,3764
9Section
3764. 230.31 (2) of the statutes is amended to read:
SB21-SSA1,1210,1210
230.31
(2) The
administrator
director may also provide for the reinstatement
11of persons who have served in seasonal and sessional employment and for persons
12who separate from a position while serving a probationary period.
SB21-SSA1,3765
13Section
3765. 230.315 (1) (c) of the statutes is amended to read:
SB21-SSA1,1210,1814
230.315
(1) (c) The employee has received a military leave of absence under s.
15230.32 (3) (a) or 230.35 (3), under a collective bargaining agreement under subch. V
16of ch. 111, or under rules promulgated by the
office of employment relations division 17or is eligible for reemployment with the state under s. 321.64 after completion of his
18or her service in the U.S. armed forces.
SB21-SSA1,3766
19Section
3766. 230.32 (3) of the statutes is amended to read:
SB21-SSA1,1210,2420
230.32
(3) (a) Any classified employee who leaves state service and enters the
21armed forces of the United States shall, under this section, be granted written
22military leave of absence by the appointing authority. Notice of such leave from state
23service and the terms of any such leave shall be given in writing by the appointing
24authority to the
director administrator for purposes of record.
SB21-SSA1,1211,10
1(b) Any classified employee who leaves state service for civilian employment
2in response to a specific request or order of the federal government or any of its
3agencies in connection with manpower redistribution and utilization shall, under
4this section, make written application to the appointing authority for civilian leave
5of absence presenting such specific request or order of the federal government as
6supporting evidence. Such civilian leave shall be allowed by the appointing
7authority and its terms, which shall conform to the rules of the
director 8administrator, shall be in writing. Notice of such leave from state service shall be
9made in writing by the appointing authority to the
director administrator for
10purposes of record.
SB21-SSA1,1211,1311
(c) All such military or civilian leaves of absence as heretofore may have been
12granted are validated and shall be deemed to be sufficient and effective hereunder.
13Such leaves shall be recorded with the
director
administrator.
SB21-SSA1,3767
14Section
3767. 230.32 (4) of the statutes is amended to read:
SB21-SSA1,1211,2315
230.32
(4) Any person appointed to fill the position of an employee on such
16military or civilian leave shall be designated as a substitute or replacement employee
17and upon the return and reemployment of the original employee the substitute
18employee shall be transferred to a similar position with the same employing agency
19if one is available, or if not, he or she shall be eligible for reinstatement or have the
20right of restoration in accordance with this subchapter and the rules of the
21administrator director. The status of any person who is appointed to fill the place
22of an employee on military or civilian leave under this section shall be governed by
23the rules of the
administrator director pursuant thereto.
SB21-SSA1,3768
24Section
3768. 230.32 (5) of the statutes is amended to read:
SB21-SSA1,1212,2
1230.32
(5) The restoration of classified former employees of the state shall be
2governed by this section and by the rules of the
administrator director.
SB21-SSA1,3769
3Section
3769. 230.33 (2) of the statutes is amended to read:
SB21-SSA1,1212,124
230.33
(2) A person appointed to an unclassified position by an appointing
5authority other than an appointing authority described under sub. (1), to a
6department other than the one in which the person was a classified employee may
7be granted a leave of absence without pay at the option of the person's former
8appointing authority in accordance with the leave of absence provisions in the rules
9of the
director administrator. An employee granted a leave of absence shall have the
10same restoration rights and reinstatement privileges as under sub. (1m). If not
11granted a leave of absence, the employee shall be entitled only to the reinstatement
12privileges under sub. (1m).
SB21-SSA1,3771
13Section
3771. 230.34 (1) (c) of the statutes is amended to read:
SB21-SSA1,1212,1514
230.34
(1) (c) The
director
administrator shall establish guidelines for uniform
15application of this authority among the various agencies.
SB21-SSA1,3772
16Section
3772. 230.34 (2) (b) of the statutes is amended to read:
SB21-SSA1,1212,2117
230.34
(2) (b) The
administrator
director shall promulgate rules governing
18layoffs and appeals therefrom and alternative procedures in lieu of layoff to include
19voluntary and involuntary demotion and the exercise of a displacing right to a
20comparable or lower class, as well as the subsequent employee right of restoration
21or eligibility for reinstatement.
SB21-SSA1,3773
22Section
3773. 230.34 (2m) of the statutes is amended to read:
SB21-SSA1,1213,523
230.34
(2m) Employees in positions funded by nonstate funds made available
24contingent on special employee eligibility requirements such as length of prior
25unemployment, specific occupational disadvantages or need for remedial work
1experience, shall be exempt from inclusion with the employees whose positions are
2in classes considered for layoff under sub. (2). In the case of reduction in force in such
3nonstate funded positions, layoffs and layoff procedures established pursuant to the
4rules of the
administrator director may be limited to employees whose positions are
5dependent upon specific funding contingencies.
SB21-SSA1,3774
6Section
3774. 230.34 (3) of the statutes is amended to read:
SB21-SSA1,1213,97
230.34
(3) The appointing authority shall confer with the
administrator 8director relative to a proposed layoff a reasonable time before the effective date
9thereof in order to assure compliance with the rules.
SB21-SSA1,3775
10Section
3775. 230.34 (4) of the statutes is amended to read:
SB21-SSA1,1213,1211
230.34
(4) Resignations shall be regulated by the rules of the
director 12administrator.
SB21-SSA1,3776
13Section
3776. 230.35 (1) (d) of the statutes is amended to read:
SB21-SSA1,1213,1914
230.35
(1) (d) Annual leaves of absence shall not be cumulative except under
15sub. (1p) and except that unused annual leave shall, subject to the rules of the
16director administrator, be used in the year following the one in which it was earned,
17but no employee shall lose any unused annual leave because the employee's work
18responsibilities prevented the usage of the unused annual leave during the first 6
19months of the year following the year in which it was earned.
SB21-SSA1,3777
20Section
3777. 230.35 (1m) (f) of the statutes is amended to read:
SB21-SSA1,1214,821
230.35
(1m) (f) The continuous service of an employee eligible for annual leave
22under this subsection shall not be considered interrupted if the employee was on an
23approved leave of absence to participate in providing specialized disaster relief
24services or if the employee leaves the service and is reemployed by the state in
25another position covered under this subsection. Employees appointed to career
1executive positions under s. 230.24 or positions designated in s. 19.42 (10) (L) or
220.923 (4), (7), (8), or (9) or authorized under s. 230.08 (2) (e) are not subject to the
3continuous service requirements under sub. (1) (g) if they are reemployed in any of
4those positions, regardless of the duration of their absence. If the employees are
5reemployed in a position other than a career executive position or a position
6designated in s. 19.42 (10) (L) or 20.923 (4), (7), (8), or (9) or authorized under s.
7230.08 (2) (e), continuous service shall be established in accordance with rules of the
8director administrator.
SB21-SSA1,3778
9Section
3778. 230.35 (1s) of the statutes is amended to read:
SB21-SSA1,1214,1510
230.35
(1s) Annual leave of absence with pay for instructional staff employed
11by the board of regents of the University of Wisconsin System who provide services
12for a charter school established by contract under s. 118.40 (2r) (cm)
, 2013 stats., 13shall be determined by the governing board of the charter school established by
14contract under s. 118.40 (2r) (cm),
2013 stats., as approved by the chancellor of the
15University of Wisconsin-Parkside.
SB21-SSA1,3780
16Section
3780. 230.35 (2) of the statutes is amended to read:
SB21-SSA1,1215,217
230.35
(2) Leave of absence with pay owing to sickness and leave of absence
18without pay, other than annual leave and leave under s. 103.10, shall be regulated
19by rules of the
director administrator, except that unused sick leave shall accumulate
20from year to year. After July 1, 1973, employees appointed to career executive
21positions under the program established under s. 230.24 or positions designated in
22s. 19.42 (10) (L) or 20.923 (4), (7), (8), and (9) or authorized under s. 230.08 (2) (e) shall
23have any unused sick leave credits restored if they are reemployed in a career
24executive position or in a position under s. 19.42 (10) (L) or 20.923 (4), (7), (8), and
25(9) or authorized under s. 230.08 (2) (e), regardless of the duration of their absence.
1Restoration of unused sick leave credits if reemployment is to a position other than
2those specified above shall be in accordance with rules of the
director administrator.
SB21-SSA1,3781
3Section
3781. 230.35 (2r) (b) of the statutes is amended to read:
SB21-SSA1,1215,94
230.35
(2r) (b) The
director
administrator may establish, by rule, a
5catastrophic leave program that permits employees to donate certain types and
6amounts of leave credits to other employees who have been absent from pay status
7because of a catastrophic need for which there is no paid leave benefits or
8replacement income available. The
director administrator shall determine the types
9and amounts of leave credits that may be donated.
SB21-SSA1,3782
10Section
3782. 230.35 (3) (d) of the statutes is amended to read:
SB21-SSA1,1215,1411
230.35
(3) (d) Employees of the state are entitled to reasonable paid leaves of
12absence to compete in promotional examinations and interviews. The
director 13administrator shall promulgate rules governing the lengths of time allowable for
14such leaves, their frequency and the provisions for their use.
SB21-SSA1,3783
15Section
3783. 230.35 (3) (e) 2. e. of the statutes is amended to read:
SB21-SSA1,1215,1816
230.35
(3) (e) 2. e. The leave of absence conforms with any rules of the
director 17administrator regarding leaves of absence to provide specialized disaster relief
18services.
SB21-SSA1,3784
19Section
3784. 230.35 (3) (e) 5. of the statutes is amended to read:
SB21-SSA1,1215,2120
230.35
(3) (e) 5. The
director
administrator may promulgate any rules
21necessary to implement this paragraph.
SB21-SSA1,3785
22Section
3785. 230.35 (5) (b) of the statutes is amended to read:
SB21-SSA1,1216,323
230.35
(5) (b) The standard basis of employment shall be divided into 5 work
24days of 8 hours each except as provided under s. 230.215 (5), and except that when
25the conditions of employment cannot be satisfied by adhering to this division or when
1the public would not be inconvenienced, deviations may be permitted upon
2recommendation of the appointing authority and subsequent approval by the
3director administrator.
SB21-SSA1,3788
4Section
3788. 230.37 (1) of the statutes is amended to read:
SB21-SSA1,1216,105
230.37
(1) In cooperation with appointing authorities the
director 6administrator shall establish an employee performance evaluation program to
7provide a continuing record of employee development and, when applicable, to serve
8as a basis for pertinent personnel actions. Similar evaluations shall be conducted
9during the probationary period but may not infringe upon the authority of the
10appointing authority to retain or dismiss employees during the probationary period.
SB21-SSA1,3789
11Section
3789. 230.40 (6) of the statutes is amended to read:
SB21-SSA1,1216,1212
230.40
(6) The
administrator
director shall administer this section.
SB21-SSA1,3790
13Section
3790. 230.43 (5) of the statutes is amended to read:
SB21-SSA1,1216,2214
230.43
(5) Taxpayers' suits. The right of any taxpayer to bring any action to
15restrain the payment of compensation to any person appointed to or holding any
16office or place of employment in violation of this subchapter shall not be limited or
17denied by reason of the fact that the office or place of employment has been classified
18as, or determined to be, not subject to competitive examination; however, any
19judgment or injunction in any such action shall be prospective only, and shall not
20affect payments already made or due to such persons by the proper disbursing
21officers, in accordance with the rules of the
director administrator in force at the time
22of such payments.
SB21-SSA1,3791
23Section
3791. 230.44 (1) (a) of the statutes is amended to read: