ER 18.04(2)(b)3.3. 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 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. ER 18.04(2)(b)4.4. Pursuant to Article IV, Section 26 of the Wisconsin Constitution and s. 20.923 (16), Stats., fixed term employees and employees in positions included under s. 20.923 (4) and (8) to (12), Stats., are ineligible for extra compensation for work performed on a holiday. ER 18.04(2)(b)5.5. Compensatory time off shall not be used until after the holiday during which it has accrued occurs. Prospective use of compensatory time off shall not be permitted. ER 18.04(3)(a)(a) For the purposes of this subsection, “scheduled work day” for an employee on a leave of absence without pay means the day the employee would have been scheduled to work had the employee been in pay status. ER 18.04(3)(b)(b) To be eligible for any legal holiday with pay, a person must be in employment status on the holiday and do at least one of the following: ER 18.04(3)(b)2.2. Be in pay status on the last scheduled work day immediately preceding the holiday; or ER 18.04(3)(b)3.3. Be in pay status on the first scheduled work day immediately following the holiday. ER 18.04(3)(c)(c) Employees who are regularly employed for less than 80 hours per biweekly pay period on a continuing basis shall be granted a prorated amount of legal holidays consistent with the employee’s regularly scheduled hours per pay period at the time the holiday occurs. ER 18.04(4)(a)(a) Employees who are regularly employed for less than 80 hours per biweekly pay period on a continuing basis shall be granted a prorated amount of paid personal holiday time consistent with the employee’s regularly scheduled hours per pay period at the time the holiday is taken. ER 18.04(4)(b)(b) Upon termination, payment for any unused personal holidays shall be made in the same manner as provided for annual leave under s. ER 18.02 (9). ER 18.04(4)(d)(d) If an employee moves between permanent or unclassified appointments and project appointments during a calendar year, the total number of personal holidays earned in the calendar year shall not exceed four and one-half days. ER 18.04 HistoryHistory: Renum. from ER-Pers 18.07, cr. (1), (2) (b) 4. and 5., (3) and (4) (c), Register, May, 1988, No. 389, eff. 6-1-88; correction in (2) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; am. (2), Register, June, 1997, No. 498, eff. 7-1-97; am. (4) (c), Register, March, 1998, No. 507, eff. 4-1-98; cr. (4) (d), Register, December, 1999, No. 528, eff. 1-1-00; CR 04-139: am. (4) (d) Register June 2005 No. 594, eff. 7-1-05; correction in (2) (b) 4. under s. 13.92 (4) (b) 7., Stats., Register September 2015 No. 717; CR 18-006: am. (1), (2) (b) 3. Register July 2018 No. 751, eff. 8-1-18. ER 18.05ER 18.05 Other provisions relating to annual leave, sick leave and personal holidays. ER 18.05(1)(1) Annual leave, sick leave or personal holidays on legal holidays. In the event that a legal holiday falls on a regular work day within the week or weeks taken as annual leave, sick leave, or personal holidays, such legal holiday shall not be charged as annual leave, sick leave or personal holiday. For any time on which work is suspended, such suspension shall not be construed to extend any annual leave, sick leave or personal holiday to an employee in such status at the time. ER 18.05(2)(2) Transfer of credits by permanent classified or unclassified employees. ER 18.05(2)(a)(a) For the purposes of this subsection, “new appointing authority” means the appointing authority after the movement between the relevant types of employment. In some instances, the new appointing authority may be the same as the former appointing authority. ER 18.05(2)(b)(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. ER 18.05(2)(c)(c) When an employee moves from a position to a different position, and employment in both positions is covered by this chapter, obligation for any unused accumulated leave credits earned pursuant to this chapter shall be assumed by the new appointing authority. ER 18.05(2)(d)(d) When an employee in employment subject to this chapter moves to unclassified state employment not subject to this chapter, the employee may carry forward any unused accumulated leave credits earned under this chapter to the new place of employment, providing the new appointing authority agrees to assume the obligation for them. ER 18.05(2)(e)(e) When an employee in employment subject to this chapter terminates and moves to unclassified state employment not subject to this chapter and the new appointing authority is not willing to assume the obligation for any unused accumulated leave credits earned under this chapter, the agency subject to this chapter shall pay the employee a lump sum payment for the leave credits, except that no payment shall be made for sick leave credits. ER 18.05(2)(f)(f) When a represented classified employee moves to a nonrepresented position subject to this chapter, the employee shall carry forward any unused accumulated leave credits. ER 18.05(2)(g)(g) When an elected official covered by s. ER 18.03 moves to other employment subject to this chapter, any unused sick leave credits shall be carried forward. ER 18.05(2)(h)(h) When positions are converted from the unclassified service to the classified service, leave credit benefits for employees who remain in such positions pursuant to a waiver of competition under s. 230.15 (1), Stats., are determined by the administrator. ER 18.05(3)(3) Transfer of credits by project employees who were permanent employees or unclassified employees. Pursuant to s. 230.27 (2m) (b), Stats., a project employee who has previously been a permanent classified employee or an unclassified employee other than a limited term employee may transfer continuous service and paid leave credits previously earned to the project appointment and from the project appointment to a subsequent project or permanent appointment in a manner consistent with that applied to similar transactions in the permanent classified service, subject to the following: