ER 1.01ER 1.01Force and effect of rules. Chapters ER 1 to 47 are promulgated under ss. 230.04 (5) and 227.11 (2) (a), Stats., to apply specifically to provisions of subchs. I and II of ch. 230, Stats., except on matters relating to the provisions of subch. II of ch. 230, Stats., for which responsibility is specifically charged to the director of the bureau of merit recruitment and selection in the department of administration. As provided under s. 230.01 (3), Stats., nothing in ch. 230, Stats., or in chs. ER 1 to 47 shall be construed either to infringe upon or supersede the rights guaranteed state employees under the provisions of subch. V of ch. 111, Stats., the state employment labor relations act.
ER 1.01 HistoryHistory: Cr. Register, February, 1984, No. 338, eff. 3-1-84; renum. from ER 41.01 and am. Register, May, 1988, No. 389, eff. 6-1-88; correction under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717.
ER 1.02ER 1.02Definitions. In addition to those terms defined under ss. 111.81 and 230.03, Stats., and as specified in chs. ER 2 to 47, the following are definitions for terms used in chs. ER 1 to 47:
ER 1.02(1)(1)“Administrator” means the administrator of the division of personnel management in the department of administration.
ER 1.02(2)(2)“Affirmative action” means specific actions in employment which are designed and taken for the purposes of all of the following:
ER 1.02(2)(a)(a) Ensuring equal opportunities.
ER 1.02(2)(b)(b) Eliminating a substantial disparity between the proportion of members of racial and ethnic, gender or disability groups either in the classified civil service determined by grouping classifications according to similar responsibilities, pay ranges, nature of work, other factors recognized in the job evaluation process, and any other factors the division considers relevant, or in similar functional groups in the unclassified service, and the proportion of members of racial and ethnic, gender or disability groups in the relevant labor pool.
ER 1.02(2)(c)(c) Eliminating present effects of past discrimination.
ER 1.02(3)(3)“Annual leave” means time off without loss of base pay accrued in accordance with s. 230.35 (1), (1m) and (1p), Stats., and used with the approval of the appointing authority.
ER 1.02(4)(4)“Appointment” means the action of an appointing authority to place a person in a position within the agency in accordance with the law and chs. ER 1 to 47 and ER-MRS 1 to 34, effective when the employee reports for work or is in paid leave status on the agreed starting date and time. “Appointment” does not include an acting assignment under ch. ER-MRS 32.
ER 1.02(5)(5)“Base pay” or “basic pay” means the pay rate excluding any overtime or supplementary compensation.
ER 1.02(5m)(5m)“Compensation plan” means the compensation plan adopted under s. 230.12, Stats.
ER 1.02(6)(6)“Continuous service” means all the time in continuous employment status, as defined in s. ER 18.01 (3) and computed under s. ER 18.02 (2), in the unclassified service or as a permanent employee in the classified service. Continuous service does not include time served in limited term employment and in those positions under s. 230.08 (2) (k), Stats., regarding youth camps and students, respectively.
ER 1.02 NoteNote: Section 230.08 (2) (k), Stats., was repealed.
ER 1.02(7)(7)“Counterpart pay ranges” means pay ranges or groupings of pay ranges in different pay schedules which are designated by the administrator to be at the same level for the purposes of determining personnel transactions.
ER 1.02(8)(8)“Demotion” means the permanent appointment of an employee with permanent status in one class to a position in a lower class than the highest position currently held in which the employee has permanent status in class, unless excluded under s. ER-MRS 17.02.
ER 1.02(9)(9)“Discrimination” means unlawful actions or practices which constitute unequal or different treatment of, or create an unequal or different effect on an individual or group of people, on the basis of age, race, creed or religion, color, disability, sex, marital status, national origin or ancestry, political affiliation, arrest or conviction record, sexual orientation, or other bases specified under subch. II of ch. 111, Stats.
ER 1.02(9m)(9m)“Director” means the director of the bureau of merit recruitment and selection in the department of administration.
ER 1.02(10)(10)“Employee” means any person who receives remuneration for services rendered to the state under an employer-employee relationship in the classified civil service, except where otherwise stated or modified by rule.
ER 1.02(11)(11)“Employing unit” means an agency or a functional organizational or geographic unit within the agency which has been approved, under s. 230.30, Stats., for the agency to use for any one or combination of the following: promotion, demotion, transfer, reinstatement, restoration, layoff and other related personnel transactions.
ER 1.02(12)(12)“Higher class” means a class assigned to a higher pay range.
ER 1.02(13)(13)“Higher pay range” means the pay range which has the greater pay range dollar value maximum when comparing pay ranges not designated as counterparts.
ER 1.02(13g)(13g)“Involuntary demotion” means a demotion directed by the appointing authority.
ER 1.02(13r)(13r)“Involuntary transfer” means a transfer directed by the appointing authority.
ER 1.02(15)(15)“Layoff” means the termination of the services of an employee with permanent status in class from a position in a layoff group approved under s. ER-MRS 22.05, in which a reduction in force is to be accomplished.
ER 1.02(16)(16)“Leave of absence” means absence from employment with the approval of the appointing authority with or without loss of pay in accordance with the appropriate statutory provision or rule.
ER 1.02(17)(17)“Limited term employment” means employment in which the nature and conditions do not permit attainment of permanent status in class and for which the use of normal procedures for recruitment and examination are not practicable.
ER 1.02(18)(18)“Lower class” means a class assigned to a lower pay range.
ER 1.02(19)(19)“Lower pay range” means the pay range which has the lesser pay range dollar value maximum when comparing pay ranges not designated as counterparts.