ER-MRS 16.03 Types and conditions of restoration. ER-MRS 16.035 Types and conditions of reinstatement. ER-MRS 16.04 Kinds of reinstatement; probationary status. ER-MRS 16.05 Pay on reinstatement. ER-MRS 16.06 Pay on restoration. ER-MRS 16.01ER-MRS 16.01 Definition. Reappointment under this chapter may be either permissive at the discretion of the appointing authority or mandatory as required by the law or rule of the director. In those instances where an employee or former employee has “eligibility” for reinstatement, the action is permissive. In those instances where an employee or former employee has the “right” of restoration, the action is mandatory. ER-MRS 16.01 NoteNote: See s. ER-MRS 1.02 (29) and (30) for definitions of reinstatement and restoration. ER-MRS 16.01 HistoryHistory: Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. Register, February, 1981, No. 302, eff. 3-1-81; am. (2), Register, February, 1983, No. 326, eff. 3-1-83; r. (1), renum. (2) and am. Register, May, 1988, No. 389, eff. 6-1-88; correction made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717. ER-MRS 16.015(1)(1) Return following a break in service not covered by leave or layoff. The appointment of a former employee, who previously acquired permanent status in class, to a position in the same, counterpart or lower class than the one in which permanent status in class was acquired, following a break in service not covered by leave or the layoff provisions of these rules or applicable collective bargaining agreement, shall be considered as an original appointment except when it may be considered a reinstatement under s. ER-MRS 16.035 and the appointing authority chooses to treat such appointment as a reinstatement. ER-MRS 16.015(2)(2) Return to a position at a higher level. For provisions relating to appointment of persons who previously had permanent status in class to a position in a higher class see s. ER-MRS 14.02 (2). ER-MRS 16.015 HistoryHistory: Cr. Register, February, 1981, No. 302, eff. 3-1-81; renum. to be (1) and am. and cr. (2), Register, May, 1988, No. 389, eff. 6-1-88; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466. ER-MRS 16.02ER-MRS 16.02 Report of appointing authority; approval by director. All reinstatements and restorations shall be reported to the director for approval as may be required. ER-MRS 16.02 HistoryHistory: Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. Register, February, 1981, No. 302, eff. 3-1-81; corrections made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717. ER-MRS 16.025ER-MRS 16.025 Period of eligibility. Except as otherwise provided in s. 230.40 (3), 2013 Stats., and s. 230.33, Stats., the period of eligibility for all reinstatements and restorations shall begin and end as follows: ER-MRS 16.025(2)(2) For reinstatements, the period of eligibility shall begin with the date of separation from the position in which the eligibility was earned and end as follows: ER-MRS 16.025(2)(a)(a) Five years after the date of separation if separation occurred prior to July 1, 2016. ER-MRS 16.025(2)(b)(b) Three years after the date of layoff if layoff occurred on or after July 1, 2016. ER-MRS 16.025(3)(3) For restorations following layoff that occurred prior to July 1, 2016, the period of eligibility shall begin with the date of separation from the position in which the eligibility was earned and end 3 years after the date of separation due to layoff. ER-MRS 16.025(4)(a)(a) Except as provided in par. (b), any act of reinstatement or restoration must become effective during the applicable period of eligibility specified in s. 230.40 (3), 2013 Stats., or in sub. (2) or (3) or s. 230.33, Stats. ER-MRS 16.025(4)(b)(b) An employee may be reinstated after the expiration of the applicable period of eligibility if the employee submitted a specific request or application for reinstatement to a specific vacancy during the applicable period of eligibility and the employee is reinstated to the specific vacancy. ER-MRS 16.025 HistoryHistory: Cr. Register, May, 1988, No. 389, eff. 6-1-88; am. (intro.), (1) to (4) (b), Register, December, 1999, No. 528, eff. 1-1-00; CR 04-138: r. (1), am. (2) and (4) (a) Register June 2005 No. 594, eff. 7-1-05; correction in (intro.), (4) (a) under s. 13.92 (4) (b) 7., Stats., Register December 2016 No. 732; CR 18-006: renum. (2) to (2) (intro.) and am., cr. (2) (a), (b), am. (3) Register July 2018 No. 751, eff. 8-1-18. ER-MRS 16.03ER-MRS 16.03 Types and conditions of restoration. ER-MRS 16.03(2)(2) Return from military. An employee returning from military service shall be restored under the provisions of s. 230.32, Stats.