230.33(4)
(4) This section shall supersede any provision of law in conflict therewith but shall not diminish the rights and privileges of employes appointed to the unclassified service from the classified service prior to April 30, 1972.
230.335
230.335
Rights of unclassified division administrators. If any employe in a classified position of division administrator is made unclassified under
chapter 196, laws of 1977, and if the incumbent division administrator is not thereafter appointed to such position, or if the incumbent is hired and subsequently terminated for any reason except just cause, the incumbent division administrator shall have appointment rights, including bumping if necessary, to a comparable or lower level position which is within the agency wherein the division administrator position is located. The incumbent shall have 90 days after notice of termination to exercise such appointment rights.
230.335 History
History: 1977 c. 196.
230.337
230.337
Rights of employes: corrections or parole. 230.337(1)(1) Except as provided in
sub. (2), if the position of any employe who serves in a classified position in the department of health and family services on January 1, 1990, is transferred and is unclassified under
1989 Wisconsin Act 31, and if the incumbent to the position is not thereafter appointed to the unclassified position, or if the incumbent is appointed to the unclassified position and subsequently terminated for any reason except just cause, the incumbent shall have restoration rights and reinstatement privileges, including the right of displacement if necessary, to a position having a comparable or lower pay rate or range for which the person is qualified in the department of corrections or the division of hearings and appeals in the department of administration. In case of termination, the incumbent shall have 90 days after notice of termination to exercise the rights and privileges.
230.337(2)
(2) If any incumbent member of the parole board in the office of the secretary of health and family services on January 1, 1990, in a classified position is not appointed to the parole commission created by
1989 Wisconsin Act 31, or if the incumbent member is appointed to the commission and subsequently terminated for any reason except just cause, the incumbent member shall have restoration rights and reinstatement privileges, including the right of displacement if necessary, to a position having a comparable or lower pay rate or range for which the person is qualified which is within the department of corrections, as created by
1989 Wisconsin Act 31, or the department of health and family services. In the case of termination, the incumbent shall have 90 days after notice of termination to exercise the rights and privileges. The rights and privileges granted under this subsection are subject to the terms of any collective bargaining agreement that covers the incumbent parole board members.
230.337 History
History: 1989 a. 31,
107;
1995 a. 27 s.
9126 (19).
230.34
230.34
Demotion, suspension, discharge and layoff. 230.34(1)(a)(a) An employe with permanent status in class or an employe who has served with the state or a county, or both, as an assistant district attorney for a continuous period of 12 months or more may be removed, suspended without pay, discharged, reduced in base pay or demoted only for just cause.
230.34(1)(am)
(am) If an employe fails to report for work as scheduled or to contact his or her supervisor, the appointing authority may discipline the employe. If an employe fails to report for work as scheduled, or to contact his or her supervisor for a minimum of 5 consecutive working days, the appointing authority shall consider the employe's position abandoned and may discipline the employe or treat the employe as having resigned his or her position. If the appointing authority decides to treat the position abandonment as a resignation, the appointing authority shall notify the employe in writing that the employe is being treated as having effectively resigned as of the end of the last day worked.
230.34(1)(ar)
(ar) Paragraphs (a) and
(am) apply to all employes with permanent status in class in the classified service and all employes who have served with the state or a county, or both, as an assistant district attorney for a continuous period of 12 months or more, except that for employes specified in
s. 111.81 (7) (a) in a collective bargaining unit for which a representative is recognized or certified, or for employes specified in
s. 111.81 (7) (b) or
(c) in a collective bargaining unit for which a representative is certified, if a collective bargaining agreement is in effect covering employes in the collective bargaining unit, the determination of just cause and all aspects of the appeal procedure shall be governed by the provisions of the collective bargaining agreement.
230.34(1)(b)
(b) No suspension without pay shall be effective for more than 30 days. The appointing authority shall, at the time of any action under this section, furnish to the employe in writing the reasons for the action.
230.34(1)(c)
(c) The secretary shall establish guidelines for uniform application of this authority among the various agencies.
230.34(2)
(2) Employes with permanent status in class in permanent, sessional and seasonal positions in the classified service and employes serving a probationary period in such positions after promotion or transfer may be laid off because of a reduction in force due to a stoppage or lack of work or funds or owing to material changes in duties or organization but only after all original appointment probationary and limited term employes in the classes used for layoff, are terminated.
230.34(2)(a)
(a) The order of layoff of such employes may be determined by seniority or performance or a combination thereof or by other factors.
230.34(2)(b)
(b) The administrator shall promulgate rules governing layoffs and appeals therefrom and alternative procedures in lieu of layoff to include voluntary and involuntary demotion and the exercise of a displacing right to a comparable or lower class, as well as the subsequent employe right of restoration or eligibility for reinstatement.
230.34(2m)
(2m) Employes in positions funded by nonstate funds made available contingent on special employe eligibility requirements such as length of prior unemployment, specific occupational disadvantages or need for remedial work experience, shall be exempt from inclusion with the employes whose positions are in classes considered for layoff under
sub. (2). In the case of reduction in force in such nonstate funded positions, layoffs and layoff procedures established pursuant to the rules of the administrator may be limited to employes whose positions are dependent upon specific funding contingencies.
230.34(3)
(3) The appointing authority shall confer with the administrator relative to a proposed layoff a reasonable time before the effective date thereof in order to assure compliance with the rules.
230.34(4)
(4) Resignations shall be regulated by the rules of the secretary.
230.34 Annotation
On an appeal from discharge the appointing officer has the burden of persuasion that the discharge was for a just cause and the facts must be established to a reasonable certainty by the greater weight or clear preponderance of the evidence. Reinke v. Personnel Board, 53 W (2d) 123, 191 NW (2d) 833.
230.34 Annotation
In deciding the issue of cause for termination, it is necessary to determine the specific requirements of the individual governmental position. Safransky v. Personnel Board, 62 W (2d) 464, 215 NW (2d) 379.
230.34 Annotation
Trial court erroneously applied evidentiary standards required in discharge cases to review of layoff case. Weaver v. Wis. Pers. Bd. 71 W (2d) 46, 237 NW (2d) 183.
230.34 Annotation
Public employment is a property right for those given tenure by operation of civil service regulations or laws. Vorwald v. School Dist. of River Falls, 167 W (2d) 549, 482 NW (2d) 93 (1992).
230.34 Annotation
Investment board employe hired in the classified service whose position was changed to unclassified by subsequent legislative action had a property interest in the position entitling him to continued civil service protections after the reclassification. Bahr v. State Investment Bd. 186 W (2d) 379, 521 NW (2d) 152 (Ct. App. 1994).
230.35
230.35
State office hours; standard workweek; leaves of absence; holidays. 230.35(1)(a)(a) Except as provided in
subs. (1m) and
(1r), appointing authorities shall grant to each person in their employ, except limited-term employes, based on accumulated continuous state service, annual leave of absence without loss of pay at the rate of:
230.35(1)(a)1.
1. Eighty hours each year for a full year of service during the first 5 years of service;
230.35(1)(a)2.
2. One hundred twenty hours each year for a full year of service during the next 5 years of service;
230.35(1)(a)2m.
2m. One hundred thirty-six hours each year for a full year of service during the next 5 years of service;
230.35(1)(a)3.
3. One hundred sixty hours each year for a full year of service during the next 5 years of service;
230.35(1)(a)3m.
3m. One hundred seventy-six hours each year for a full year of service during the next 5 years of service;
230.35(1)(a)4.
4. Two hundred hours each year for a full year of service after 25 years of service.
230.35(1)(b)
(b) An employe, with the approval of his or her appointing authority, may anticipate the annual leave which he or she could earn during the current calendar year except that no employe shall be eligible to take annual leave until he or she has completed the first 6 months of a probationary period for an original appointment.
230.35(1)(c)
(c) When the rate of annual leave changes during the 5th, 10th, 15th, 20th or 25th calendar year, the annual leave for that year shall be prorated.
230.35(1)(d)
(d) Annual leaves of absence shall not be cumulative except under
sub. (1p) and except that unused annual leave shall, subject to the rules of the secretary, be used in the year following the one in which it was earned, but no employe shall lose any unused annual leave because the employe's work responsibilities prevented the usage of the unused annual leave during the first 6 months of the year following the year in which it was earned.
230.35(1)(e)
(e) Permanent classified employes, permanent part-time employes and seasonal employes with permanent seasonal status in class who are regularly employed for less than 12 months out of a year shall be granted proportional annual leave consistent with
par. (a). These employes, with the approval of their appointing authority, may anticipate the vacation which they will earn during their current period of employment.
230.35(1)(f)
(f) An employe under this subsection earns annual leave any time he or she is on temporary layoff for a period not to exceed 20 working days.
230.35(1)(g)
(g) The continuous service of an employe eligible for annual leave shall not be considered interrupted if the employe either:
230.35(1)(g)1.
1. Was on an approved leave of absence, including but not limited to military leave, leave to serve in the unclassified service, leave to participate in providing specialized disaster relief services, leave for absence due to injury or illness arising out of state employment and covered by
ch. 102; or
230.35(1)(g)2.
2. Left the service through resignation or layoff and is reemployed or recalled within 5 years.
230.35(1)(gm)
(gm) Each employe of the state on October 17, 1971 shall be granted credit towards accumulated continuous service for all service in Wisconsin as a national guard technician which has not been credited under any other provision of this section.
230.35(1)(h)
(h) The length of time between an employe's resignation and reemployment under
par. (g) 2. shall not be counted in computing years of continuous service under this subsection. Employes subject to
par. (e) shall be deemed to have completed one full year of service for each such seasonal, sessional or other part-time annual period of service in computing years of continuous service under this subsection.
230.35(1)(j)
(j) The appointing authority shall respect the wishes of the eligible employes as to the time of taking their annual leave insofar as the needs of the service will permit.
230.35(1)(m)
(m) Payment for any unused authorized leave to which an employe is entitled upon termination, shall be made in a separate and distinct amount.
230.35(1m)(a)(a) Employes appointed to any of the following positions shall be entitled to annual leave of absence at the rate provided under
par. (bt):
230.35(1m)(a)4.
4. A position designated as an attorney position in which the employe is employed and acts as an attorney, unless the attorney position is a limited term appointment under
s. 230.26.
230.35(1m)(bt)
(bt) An employe appointed to a position listed under
par. (a) shall be entitled to annual leave of absence without loss of pay based upon accumulated continuous state service at the rate of:
230.35(1m)(bt)1.
1. 120 hours each year for a full year of service during the first 5 years of service;
230.35(1m)(bt)2.
2. 160 hours each year for a full year of service during the next 5 years of service;
230.35(1m)(bt)3.
3. 176 hours each year for a full year of service during the next 5 years of service;
230.35(1m)(bt)4.
4. 200 hours each year for a full year of service during the next 5 years of service;
230.35(1m)(bt)5.
5. 216 hours each year for a full year of service after 20 years of service.
230.35(1m)(e)
(e) Employes who previously were covered under
sub. (1) (a), or other statutory provision regarding annual leave, who become subject to this subsection shall have their present continuous service credits for annual leave purposes applied to the career executive schedule at the appropriate rate. In no case shall the employe receive a reduction in annual leave hours earned by such change in schedules.
230.35(1m)(eb)
(eb) An employe under this subsection earns annual leave any time he or she is on temporary layoff for a period not to exceed 20 working days.
230.35(1m)(f)
(f) The continuous service of an employe eligible for annual leave under this subsection shall not be considered interrupted if the employe was on an approved leave of absence to participate in providing specialized disaster relief services or if the employe leaves the service and is reemployed by the state in another position covered under this subsection. If reemployed in a position not covered under this subsection the employe shall be required to meet the continuous service requirements of
sub. (1) (g). This paragraph applies to all persons who are employes covered under this subsection on or after July 1, 1973.
230.35(1p)(a)(a) Employes at the 160-hour or 176-hour rate under
sub. (1) or
(1m) may, in the year earned, elect to receive not more than 40 of those hours of earned annual leave as credit for termination leave or as accumulated sabbatical leave.
230.35(1p)(b)
(b) Employes at the 200-hour or 216-hour rate under
sub. (1) or
(1m) may, in the year earned, elect to receive not more than 80 of those hours of earned annual leave among one or more of these options:
230.35(1p)(c)
(c) Employes with less than the 160-hour rate under
sub. (1) or
(1m) who have accumulated, at any time during the employe's continuous state service, a minimum of 520 hours of sick leave may elect to receive not more than 40 hours of earned annual leave as credit for termination leave or as accumulated sabbatical leave or both. An election under this paragraph shall be made in the year in which the annual leave is earned.
230.35(1r)
(1r) A state officer elected by the people may take vacation without loss of pay. No such state officer is entitled to payment for unused annual leave.
230.35(2)
(2) Leave of absence with pay owing to sickness and leave of absence without pay, other than annual leave and leave under
s. 103.10, shall be regulated by rules of the secretary, except that unused sick leave shall accumulate from year to year. After July 1, 1973, employes appointed to career executive positions under the program established under
s. 230.24 or positions designated in
s. 19.42 (10) (L) or
20.923 (4),
(4m),
(8) and
(9) or authorized under
s. 230.08 (2) (e) shall have any unused sick leave credits restored if they are reemployed in a career executive position or in a position under
s. 19.42 (10) (L) or
20.923 (4),
(4m),
(8) and
(9) or authorized under
s. 230.08 (2) (e), regardless of the duration of their absence. Restoration of unused sick leave credits if reemployment is to a position other than those specified above shall be in accordance with rules of the secretary.
230.35(2m)
(2m) An employe shall be eligible for medical or family leave under
s. 103.10 upon the expiration, extension or renewal of any collective bargaining agreement in effect on April 26, 1988, which covers the employe.
230.35(2r)(a)(a) In this subsection, "catastrophic need" means an illness or injury that incapacitates or is expected to incapacitate an employe or an employe's family member, that requires the employe to take time off from work for an extended period of time and that creates a financial hardship for the employe.
230.35(2r)(b)
(b) The secretary may establish, by rule, a catastrophic leave program that permits classified employes to donate certain types and amounts of leave credits to other classified employes who have been granted an unpaid leave of absence on account of a catastrophic need for which absence there is no paid leave benefits or replacement income available. The secretary shall determine the types and amounts of leave credits that may be donated.
230.35(2r)(c)
(c) No classified employe may grieve under an agency's grievance procedure any appointing authority's decision relating to a catastrophic leave program under this subsection or appeal any such decision to the commission under
s. 230.44 or
230.45 (1) (c).
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.
