Wisconsin Administrative Code › Department of Administration-Division of Personnel Management › Chapter ER 18 - Absences › Section ER 18.02 - Annual leave of absence

Current through June 24, 2024
(1) EMPLOYEES WHO EARN ANNUAL LEAVE OF
			 ABSENCE. With the exception of limited term employees, all employees shall earn
			 annual leave as provided in this section. Special rate tables and provisions
			 for specific classifications may be provided in the compensation
			 plan.
(2) COMPUTING CONTINUOUS
			 SERVICE.
(a) Only the most recent period in
			 continuous employment status in the unclassified service under s. 230.08(2),
			 Stats., employment in the University of Wisconsin System as provided in s.
			 230.15(4), Stats., or as a permanent employee in the classified service or any
			 combination shall be counted in determining an employee's length of continuous
			 service. This excludes time served as a limited term employee or in those
			 positions under s. 230.08(2) (k), 2013 Stats., regarding youth camps and
			 students respectively. The inclusion of time served in a project appointment is
			 governed by s.  ER 18.05(3) and (4).
(b) The continuous employment status of an
			 employee eligible for annual leave shall not be considered interrupted if the
			 employee:
1. Was on an approved leave of
			 absence.
2m. Left the service and
			 is reemployed within 5 years, subject to the following:
a. Employment prior to leaving the service
			 and upon returning to the service within 5 years must be as a permanent,
			 classified employee or as an unclassified employee other than a limited term
			 employee.
b. Any return to service
			 following termination for misconduct or delinquency is deemed to not be a
			 qualifying reemployment under this provision, even though the return is within
			 the 5 year period.
3. Was
			 serving a project appointment and was eligible to transfer continuous service
			 credits under s.  ER 18.05(3) regarding transfer of credits by project
			 employees who were permanent employees.
4. Was absent on military leave.
5. Was absent due to injury or illness
			 arising from state employment and covered by the worker's compensation act, or
			 s. 230.36, Stats., regarding hazardous employment injuries and pay
			 continuation.
6. Was an employee
			 who left the service, returned to state employment on or after July 1, 2003,
			 and immediately attained exempt status under the federal Fair Labor Standards
			 Act,  29 USC 201 to  219  or was an employee appointed to a career executive
			 position under the program established under s. 230.24, Stats., or a position
			 designated in s. 19.42(10) (L) or 20.923(4), (7), (8), and (9), Stats., or
			 authorized under s. 230.08(2) (e), Stats. and is reemployed and immediately
			 attains exempt status under the federal Fair Labor Standards Act,  29 USC 201 to  219. This subdivision applies regardless of the duration of absence as provided
			 under s. 230.35(1m) (f), Stats.
7.
			 Was on temporary layoff under s.  ER-MRS 22.14.
(c) The length of time between an employee's
			 resignation and reemployment under sub. (2) (b), shall not be counted in
			 computing years of continuous service.
(d) Persons in seasonal, sessional, school
			 year and part-time employment shall be deemed to have completed one full year
			 of service for each such seasonal, sessional or other part-time annual period
			 of service in computing years of continuous service.
(e) The provisions of this section regarding
			 credit for leaves of absence other than military leave, leave to serve in the
			 unclassified service or leave of absence due to injury or illness arising out
			 of state employment and covered by worker's compensation under ch. 102, Stats.,
			 or s. 230.36, Stats., shall apply only to persons who return from an approved
			 leave of absence on or after April 9, 1976. There shall be no adjustment to
			 length of service credits for approved leaves or portions thereof taken prior
			 to April 9, 1976.