ER 18.02(4)(b)(b) Annual leave for employees covered in sub. (3) (c) 1., 2. and 3. and persons included under s. 20.923 (4), (8) and (9), Stats., shall be prorated during the calendar year in which the rate of earning changes. ER 18.02(4)(c)(c) Upon termination of employment, annual leave shall be prorated and payment for unused leave for which an employee is eligible under sub. (4) shall be made in accordance with sub. (9). ER 18.02(4)(d)(d) The amount of annual leave earned by an employee during a calendar year is based on the employee’s hours in pay status up to a maximum of 80 hours per biweekly pay period. Annual leave is not earned during overtime work hours. Hourly annual leave amounts earned for each hour in pay status can be computed by using the following: ER 18.02(5)(a)(a) Pursuant to s. 230.35 (1p) (a), Stats., employees who earn annual leave at the rate of 160, 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: ER 18.02(5)(a)2.2. Credit for a combined termination and sabbatical leave plan with such credit being accumulated without limitation. ER 18.02(5)(b)(b) Pursuant to s. 230.35 (1p) (b) and (bm), Stats., employees who earn annual leave at a rate of 200 or 216 hours per year may elect to receive up to 80 or 120 hours, respectively, of such leave, or prorated portion thereof, among one or more of the following options: ER 18.02(5)(b)2.2. Credit for a combined termination and sabbatical leave plan with such credit being accumulated without limitation. ER 18.02(5)(b)3.3. Cash payment during the year earned for not to exceed 40 hours at the employee’s base rate exclusive of any supplementary compensation as of the last day of the payroll in the calendar year. ER 18.02(5)(bm)(bm) Pursuant to s. 230.35 (1p) (c), Stats., employees who earn annual leave at less than the rate of 160 hours per year and who have accumulated, at any time during the employee’s continuous state service, a minimum of 520 hours of sick leave may elect to receive up to 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. ER 18.02(5)(c)(c) The number of hours available for use under pars. (a), (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. ER 18.02(6)(a)(a) Pursuant to s. 230.35 (1) (b), Stats., employees may anticipate annual leave which they can earn during the calendar year. Anticipated annual leave shall be based upon a projection of the employee’s number of hours in pay status during the calendar year and the conversion factors provided under sub. (4) (d). ER 18.02(6)(b)(b) When annual leave may be taken. In determining annual leave schedules, the appointing authority shall respect the wishes of the eligible employees as to the time of taking their annual leave insofar as the needs of the service will permit. Annual leave allowance shall be taken during the calendar year except as follows: ER 18.02(6)(b)1.1. Employees who request and receive approval from their appointing authority or who are required by their appointing authority to defer all or part of their annual leave for a given calendar year shall be permitted to take it within the first 6 months of the ensuing calendar year. ER 18.02(6)(b)2.2. However, employees who are unable to take unused annual leave as provided in subd. 1. due to their work responsibilities shall be granted an additional 6 month extension of time in which to use the annual leave. Any extension under this subdivision shall be approved by the appointing authority. Any authorized leave credits, carried over from the previous calendar year, shall be dropped as of December 31 of the following calendar year. This paragraph shall not apply to any carried over leave credited under sub. (5) (a) 2. and (b) 2. ER 18.02(6)(b)3.3. Employees completing an original probationary period during the first 6 months of the calendar year shall have the remainder of the calendar year in which to use annual leave earned in the previous year. ER 18.02(6)(b)4.4. Employees completing an original probationary period during the last 6 months of the calendar year shall have the remainder of the calendar year and the first 6 months of the following calendar year in which to use annual leave earned in the previous year. ER 18.02(6)(b)5.5. If the projected number of hours in pay status used to anticipate an employee’s annual leave under par. (a) changes during the calendar year, the employee’s anticipated annual leave balance shall be adjusted in accordance with sub. (4). Employees granted additional leave during the last 6 months of the calendar year due to changes in the projected number of hours in pay status shall have the remainder of the calendar year and the first 6 months of the ensuing calendar year in which to use the additional annual leave earned in the previous year. ER 18.02(7)(7) When sabbatical leave may be taken. In determining sabbatical leave schedules, the appointing authority shall respect the wishes of eligible employees as to the time of taking sabbatical leave subject to the needs of the service. ER 18.02 NoteNote: See s. ER 21.04 regarding treatment of leave credits upon resignation from state service. ER 18.02(9)(9) Payment for unused leave upon termination. Upon termination, payment for unused annual leave, including termination and sabbatical leave, shall be made pursuant to: ER 18.02(9)(b)(b) Section 230.35 (1) (m), Stats., for termination as a result of layoff, death or discharge, with the date of layoff, death or discharge establishing the employee’s termination date.