230.35(3)(e)5.
5. The director may promulgate any rules necessary to implement this paragraph.
230.35(3)(e)6.
6. For employees who are included in a collective bargaining unit for which a representative is recognized or certified under
subch. V of ch. 111, this paragraph shall apply unless otherwise provided in a collective bargaining agreement.
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) Except as otherwise provided in the compensation plan under
s. 230.12, compensatory time off or payment, either of which shall be at the rate of time and one-half, shall be granted to state employees for all work performed on the holidays enumerated in
par. (a) 1. to
9.
230.35(4)(c)
(c) Except as provided in the compensation plan under
s. 230.12, all employees except limited term employees 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) and except as provided in the compensation plan under
s. 230.12, all employees except limited term employees shall earn 3.5 paid personal holidays each calendar year, plus one additional paid personal holiday each calendar year in recognition of Veterans Day. Eligibility to take the personal holidays during the year earned is subject to the following:
230.35(4)(d)1.
1. Employees 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 employee does not complete the first 6 months of probationary service due to resignation, any holiday time taken under this paragraph shall then be considered approved leave without pay, and the agency shall recover from the employee the value of such time. If an employee is terminated, personal holidays shall be prorated for the calendar year in which the termination occurs and personal holidays earned in a previous calendar year may not be prorated or repaid.
230.35(4)(d)2.
2. Employees 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 employees 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 employee the opportunity to take a personal holiday during the calendar year earned, the employee 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 employees 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 director.
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 employees.
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;
1999 a. 42,
85,
101,
125;
2001 a. 16,
109;
2003 a. 22,
33,
117;
2005 a. 21;
2007 a. 106,
142;
2009 a. 28;
2011 a. 10;
2013 a. 123.
230.35 Cross-reference
Cross-reference: See also chs.
ER 18 and
28, Wis. adm. code.
230.36
230.36
Hazardous employment, injuries, pay continued. 230.36(1m)(a)
(a) "Injury" means physical harm to an employee caused by accident or disease.
230.36(1m)(b)
(b) "Performance of duties" means duties performed in the line of duty by any of the following:
230.36(1m)(b)1.
1. A forest ranger or field employee of the department of natural resources who is subject to call for forest fire control duty at a Wisconsin veterans home operated by the department of veterans affairs under
s. 45.50, and lifeguard, at all times while:
230.36(1m)(b)1.a.
a. 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(1m)(b)1.b.
b. Engaged in an effort to save lives, recover dead bodies, or protect public or private property;
230.36(1m)(b)1.c.
c. Going to or returning from a fire and while engaged in the suppression of a fire; or
230.36(1m)(b)1.d.
d. Engaged in public demonstration or training exercises provided such demonstration or training exercises are authorized by the appointing authority.
230.36(1m)(b)2.
2. 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, or security person, other state facilities 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(1m)(b)2.a.
a. 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(1m)(b)2.b.
b. Engaged in an effort to save lives, recover dead bodies or protect public or private property;
230.36(1m)(b)2.c.
c. 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(1m)(b)2.d.
d. Engaged in public demonstration or training exercises provided such demonstration or training exercises are authorized by the appointing authority.
230.36(1m)(b)3.
3. A guard, institution aide, or other employee at the University of Wisconsin Hospitals and Clinics or at a state penal or mental institution, including a juvenile correctional facility, as defined in
s. 938.02 (10p), and a state probation, extended supervision, and parole officer, at all times while:
230.36(1m)(b)3.a.
a. In the process of quelling a riot or disturbance or other act of violence;
230.36(1m)(b)3.b.
b. 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(1m)(b)3.c.
c. When injury is occasioned as the result of an act by a patient, inmate, probationer, parolee or person on extended supervision;
230.36(1m)(b)3.d.
d. 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(1m)(b)3.e.
e. 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(1m)(b)3.f.
f. When disease is contracted as a result of exposure to such disease arising out of the care of inmates or patients.
230.36(1m)(b)4.
4. A drivers' license examiner at all times while examining drivers, conducting road tests or checking motor vehicles.
230.36(1m)(b)5.
5. An engineering aide, engineer or building construction superintendent at all times while:
230.36(1m)(b)5.a.
a. Driving or riding in vehicles which require hazardous maneuvering of extremely slow speed while marking or measuring physical characteristics of highways.
230.36(1m)(b)5.b.
b. Surveying or inspecting within the right-of-way of highways on which traffic is maintained.
230.36(1m)(b)5.c.
c. Surveying or inspecting on construction sites where heavy equipment is operating.
230.36(1m)(b)5.d.
d. Investigating or inspecting highways, structures or terrain under hazardous conditions.
230.36(2m)(a)(a) If any of the following state employees suffers injury while in the performance of duties, the employee 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:
230.36(2m)(a)5.
5. A conservation field employee of the department of natural resources who is subject to call for fire control duty.
230.36(2m)(a)9.
9. A excise tax investigator employed by the department of revenue.
230.36(2m)(a)10.
10. A special criminal investigation agent employed by the department of justice.
230.36(2m)(a)14.
14. A University of Wisconsin System police officer or other state facilities police officer and patrol officer.
230.36(2m)(a)20.
20. A guard or institutional aide or a state probation, extended supervision, and parole officer or any other employee whose duties include supervision and discipline of inmates or wards of the state at a state penal institution, including a juvenile correctional facility, as defined in
s. 938.02 (10p), 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.
230.36(2m)(a)21.
21. A state employee who is not listed in this paragraph who is ordered by his or her appointing authority to accompany an employee listed in this paragraph while the listed employee is engaged in duties enumerated under
sub. (1m) (b).
230.36(2m)(a)22.
22. A state employee who is not listed in this paragraph who is ordered by his or her appointing authority to perform duties enumerated under
sub. (1m) (b), when permitted, in lieu of a listed employee.
230.36(2m)(b)
(b) The full pay under
par. (a) (intro.) shall continue while the employee 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 employee's period of disability the appointing authority may, at the expense of the employing agency, order physical or medical examinations to determine the degree of disability.
230.36(5)
(5) An employing agency that makes payments under this section is entitled to the right of subrogation for reimbursement to the extent that the injured employee 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 the injured employee under this section and shall be limited to the total sum credited to the injured employee, as damages for pay and fringe benefits actually received in the settlement of any claim caused by the negligence of the 3rd party.
230.36(6)
(6) Any person who is employed by the University of Wisconsin Hospitals and Clinics Authority, who suffers an injury between June 29, 1996, and June 30, 1997, shall be covered under this section if the person, had he or she been a state employee, 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;
1999 a. 63,
85,
186;
2001 a. 16,
103,
104;
2003 a. 83;
2005 a. 22,
344.
230.36 Cross-reference
Cross-reference: See also ch.
ER 28, Wis. adm. code.
230.36 Annotation
Discussion of s. 230.36, 1977 stats., continuation of pay to employee 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 director shall establish an employee performance evaluation program to provide a continuing record of employee 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 employees during the probationary period.
230.37(2)
(2) When an employee 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 employee to a position which requires less arduous duties, if necessary demote the employee, place the employee on a part-time service basis and at a part-time rate of pay or as a last resort, dismiss the employee from the service. The appointing authority may require the employee 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 employee 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;
2003 a. 33.
