reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 8 - Procedures For Corrections And Entry Professional Positions › Subchapter II - Entry Professional Program › Section ER-MRS 8.23 - Assessment of applicants

Current through June 24, 2024
(1) The appointing authority shall develop a
				plan to assess applicants and establish an employment register. The appointing
				authority shall obtain approval of the plan from the director before announcing
				the position vacancy or beginning recruitment activities. The director shall
				determine whether the plan complies with this subchapter's requirements and
				intent and whether the plan includes valid, job-related assessment
				criteria.
(2) All applicants shall
				be admitted to the initial assessment process, but only those applicants who
				meet the assessment criteria for the position may be given further
				consideration.
(3) The assessment
				plan shall include the assessment techniques and criteria to be used to rate
				applicants. The assessment techniques and criteria shall include an evaluation
				of the applicant's qualifications which may be based on an evaluation of
				advanced educational achievements and relevant experience, written
				examinations, oral examinations, performance exercises, an evaluation of
				writing samples or other methods approved by the director. Additional
				assessment techniques may be used after the initial applicant evaluation to
				decrease or increase the number of applicants to be given further consideration
				in the hiring process.
(4) The
				assessment techniques may result in applicants being categorized into groups
				such as "eligible" or "ineligible" or other rating categories approved by the
				director.
(5) Not more than 25% of
				all vacancies in all entry professional positions, on an annual basis, may be
				limited to persons with degrees from institutions of higher education, as
				defined in s.
				108.02(18),
				Stats., or degrees under an associate degree program, as defined in s.
				38.01(1),
				Stats. Vacancies may not be limited to persons with degrees without the
				approval of the director.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 8 - Procedures For Corrections And Entry Professional Positions › Subchapter II - Entry Professional Program › Section ER-MRS 8.24 - Certification

Current through June 24, 2024
(1) With the approval of the director, the
				appointing authority shall determine the number of applicants to interview. The
				determination shall be designed to produce a manageable number of qualified
				applicants to be interviewed and shall be based on job-related assessment and
				affirmative action criteria.
(2)
				The director may provide an appointing authority with additional names of
				qualified applicants from affirmative action groups in order to comply with an
				approved affirmative action plan or program or to hire persons with
				disabilities. The number of names shall not be limited to the number specified
				in s.
				230.25(1n)
				(a), Stats.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 8 - Procedures For Corrections And Entry Professional Positions › Subchapter II - Entry Professional Program › Section ER-MRS 8.25 - Registers

Current through June 24, 2024
An applicant included on a register shall remain on the
				  register for the time period specified in the appointing authority's assessment
				  plan, but for not less than 6 months.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 8 - Procedures For Corrections And Entry Professional Positions › Subchapter II - Entry Professional Program › Section ER-MRS 8.27 - Effect of other laws and rules

Current through June 24, 2024
The provisions of ch. 230, Stats., and chs. ER-MRS 6,
				  11 and
				  12 which do not conflict with
				  this subchapter shall apply to appointments made under this
				  subchapter.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 10 - Limited Term Appointments › Section ER-MRS 10.03 - Approval by director

Current through June 24, 2024
Prior approval of the duration of a limited term appointment
				by the director is required before making a limited term
				appointment.
Section 2015 (3) (c) of 1983 Wis. Act 27, granted authority
				  for approval of the duration of limited term appointments to the director,
				  bureau of merit recruitment and selection, and authority for approval of class
				  and pay rate for limited term appointments to the administrator, division of
				  personnel management. This revision reflects that division of authority with
				  respect to limited term appointments.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 10 - Limited Term Appointments › Section ER-MRS 10.035 - Exclusions

Current through June 24, 2024
An individual appointed to a limited term position must be
				qualified to perform the duties of the position. A limited term appointment may
				not be made for a person who is not a state resident, under s.
				230.26(1m),
				Stats., unless approved by the director. A limited term appointment may not
				violate s. ER-MRS 24.04 or subch. II of ch. 40, Stats.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 10 - Limited Term Appointments › Section ER-MRS 10.04 - Procedures and records

Current through June 24, 2024
(1) Procedures for recruitment and selection
			 as set forth in subch. II of ch. 230, Stats., may be modified to expedite the
			 appointment of limited term employees.
(2) In order to safeguard the public
			 interest, recruitment and selection procedures must be in accordance with the
			 standards established by the director, and the appointing authority shall
			 maintain such records of the procedures followed in making limited term
			 appointments as are determined to be necessary by the director. Limited term
			 appointments shall be made so as to contribute to a competent work force with
			 due consideration given to affirmative action.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 10 - Limited Term Appointments › Section ER-MRS 10.06 - Violations

Current through June 24, 2024
(1) If the director finds an agency has
			 failed to comply with limited term appointment standards established under this
			 chapter, the director may remove the incumbents of positions for which
			 appointment standards were not followed. Employees subject to removal under
			 this section shall be given notice of removal. The director may also withdraw
			 all delegated authority for making limited term appointments from the agency
			 until such time as, in the judgment of the director, the agency takes
			 appropriate measures to ensure that future limited term appointments will be in
			 compliance with established standards.
(2) Limited term employees who have reached
			 or exceeded the hours or earnings limitations established by s.
			 230.26(1)
			 or
			 16.417(2),
			 Stats., respectively, shall be immediately removed from the position.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 11 - Employment Registers › Section ER-MRS 11.01 - Establishment and maintenance of registers

Current through June 24, 2024
(1) The director
			 shall establish and maintain employment registers needed to fill positions in
			 the classified service.
(2)
			 Employment registers under s. ER-MRS 11.02, may be established by functional
			 grouping of titles, class title, subtitle or recruitment option.
(3) Names may be integrated into employment
			 registers when, in the judgment of the director, the needs of the service will
			 be benefited.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 11 - Employment Registers › Section ER-MRS 11.02 - Types of registers

Current through June 24, 2024
(1) OPEN COMPETITIVE. Open competitive
			 registers are registers that are established through competition open to all
			 qualified applicants within and outside of the service.
(3) GEOGRAPHIC. Registers may be established
			 on a geographic basis with the approval of the director.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 11 - Employment Registers › Section ER-MRS 11.03 - Term of eligibility on an employment register

Current through June 24, 2024
(1) OPEN COMPETITIVE
			 REGISTERS. Eligibility on a register continues for 6 months from the date the
			 register was established or, on an integrated register, 6 months from the date
			 the individual is placed on the register. The director may allow a register to
			 expire after 3 months, but only after considering the impact of such an action
			 on the policy of this state to provide for equal employment opportunity and to
			 take affirmative action, as specified in s.
			 230.01(2),
			 Stats.
(2) REACTIVATION OF
			 REGISTER. The director may reactivate a register up to one year from the date
			 it was established. The appointing authority may request an extension of the
			 reactivation, not to exceed a total of 3 years. Names on the reactivated
			 register may be integrated with those on a subsequently established
			 register.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 11 - Employment Registers › Section ER-MRS 11.04 - Removal of names from registers; refusal to certify applicants

Current through June 24, 2024
(1) In addition to
			 the reasons given in s. ER-MRS 6.10, the director may remove a name from a
			 register or refuse to certify an applicant under any of the following
			 circumstances:
(a)
Appointment.
When a person is appointed, the person's name
			 shall be removed from the register, but may be restored on such register upon
			 written request.
(b)
Failure to respond to inquiry.
When a person does not respond
			 within the established deadline, not less than 2 work days following an
			 invitation to participate in subsequent steps.
(c)
Unable to locate.
When a
			 person cannot be located by reasonable means.
(d)
Non-selection after 3
			 appointments.
For each 3 appointments made from a register, up to 2
			 persons who have been considered for appointment 3 times and not selected may
			 be removed from the register. Such removals shall be based upon a job-related
			 reason reported to the director by the appointing authority.
(f)
Limitations on
			 certifications.
After a person has been certified from a register to 3
			 vacancies, the person's name may be suspended from the register and not
			 included in subsequent certifications from the register when, in the judgment
			 of the director, such action is consistent with sound, technical, personnel
			 management practices as required by s.
			 230.17,
			 Stats., and with affirmative action as required by s.
			 230.03(2) (a) to
			 (c), Stats.
(g)
Failure to accept condition of
			 employment.
When a person will not accept a previously established
			 condition of employment for the classification.
(h)
Failure to appear for scheduled
			 interview.
When a person does not appear for a mutually agreed upon
			 scheduled interview and does not provide a valid reason for such failure to
			 appear within one work day of the interview date.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 11 - Employment Registers › Section ER-MRS 11.05 - Statement of availability

Current through June 24, 2024
It shall be the responsibility of an applicant to inform the
				director of any change in the applicant's availability, contact information,
				and the conditions under which the applicant will accept
				employment.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 12 - Certification And Appointment › Section ER-MRS 12.02 - Action by the director

Current through June 24, 2024
The director shall certify eligible applicants as provided in
				the law and rules or authorize appointment by other means as provided in s.
				230.08(7),
				230.15(1)
				and (2),
				230.213,
				230.22(3),
				230.24(1),
				or
				230.275(1),
				Stats. The director may submit the names of persons interested in transfer,
				reinstatement or voluntary demotion along with a certification or, at the
				request of the appointing authority, in lieu of a
				certification.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 12 - Certification And Appointment › Section ER-MRS 12.03 - Selective certification

Current through June 24, 2024
Whenever a specific position within a classification requires
				special qualifications, the director may selectively certify persons having
				those qualifications. In such cases, the qualifications of the eligible persons
				on the register shall be reviewed to determine if they include the required
				special qualifications beginning with the highest ranking eligible person and
				continuing until the director determines certification should be
				made.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 12 - Certification And Appointment › Section ER-MRS 12.04 - Use of related registers

Current through June 24, 2024
(1) Lacking a
			 complete certification from a register, the appointing authority may request
			 additional names to complete the certification from another appropriate
			 register as determined by the director.
(2) The director may certify additional names
			 from registers of related classes in the same, counterpart or higher pay ranges
			 to fill out an incomplete certification, or may make a certification from
			 registers of classes in the same, counterpart or higher pay ranges when no
			 register exists for the class for which certification is requested. Such
			 decisions shall include a determination by the director that the competitive
			 procedures for the same or higher classes or classes in counterpart pay ranges
			 are job related for the work of the position for which certification is to be
			 made.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 12 - Certification And Appointment › Section ER-MRS 12.05 - Use of expanded certification for a specified gender and minorities

Current through June 24, 2024
The director may provide for certifications under the
				provisions of s.
				230.25(1n),
				Stats., as a supplement to certifications made under the provisions of s.
				230.24(1)
				or
				230.25(1)
				and (1m), Stats.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 12 - Certification And Appointment › Section ER-MRS 12.06 - Disability expanded certification

Current through June 24, 2024
(1) The director
			 may provide for certifications under the provisions of s.
			 230.25(1n),
			 Stats., as a supplement to certifications made under the provisions of s.
			 230.24(1)
			 or
			 230.25(1)
			 and (1m), Stats.
(2) To be eligible for certification under
			 this section, a person shall have a permanent physical or mental impairment
			 which substantially limits the major life activity of working. In this
			 subsection, "substantially limits" means significantly restricts the ability to
			 perform either a class or broad range of jobs compared to the average person
			 who has comparable training, skills and abilities.
(3) Eligibility for certification under this
			 section shall be limited to persons who provide the director a written
			 verification of their impairment prior to certification. The verification shall
			 be submitted on a form provided by the director and shall be completed by a
			 qualified professional who is knowledgeable about the person's impairment and
			 its effect on the person's ability to work. In this subsection, a "qualified
			 professional" means a physician, psychologist, psychiatrist,
			 rehabilitation-vocational counselor, high school special education teacher,
			 counselor at the division of vocational rehabilitation, or other persons, as
			 approved by the director. The eligibility shall be valid for all positions for
			 which the person applies for 5 years after the date the director receives the
			 verification. A person may submit an additional verification at any time after
			 a previous verification expires.
Forms are available free from the Bureau of Merit Recruitment
				  and Selection, 101 East Wilson Street, 4 th Floor, Madison, or by mail at PO
				  Box 7855, Madison, WI 53707-7855, at www.wiscjobs.state.wi.us, or at other
				  locations throughout the state where Applications for State Employment are
				  available.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 12 - Certification And Appointment › Section ER-MRS 12.07 - Additional certifications

Current through June 24, 2024
The director may, under s.
				230.08(7),
				Stats., certify additional names to supplement those certified under s. ER-MRS
				12.06. The additional names shall be those of candidates with a disability for
				whom the director has waived the competitive procedure requirement. The
				director may waive the competitive procedure requirement for a person with a
				disability under this section if the director determines that the disability
				precludes the person from equitably participating in the competitive procedure
				used to evaluate candidates certified under s.
				230.24(1)
				or
				230.25,
				Stats., because of impaired sensory, manual, reading or speaking skills not
				related to the tasks to be performed after reasonable accommodations have been
				made on the job.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 12 - Certification And Appointment › Section ER-MRS 12.08 - Confirmation of appointment

Current through June 24, 2024
Confirmation of appointment shall be in writing by the
				appointing authority and shall be provided to the employee no later than the
				first day of employment. Such letter of appointment shall include conditions of
				employment such as starting date, rate of pay, and probationary period to be
				served.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 13 - Probationary Periods › Section ER-MRS 13.01 - Definitions

Current through June 24, 2024
The following are definitions for terms used in this
				chapter.
(1) "Student cooperative
			 program" means those cooperative programs in which individuals participate as
			 provided in s.
			 230.22(4),
			 Stats.
(2) "Understudy" means any
			 person appointed under s.
			 230.04(11),
			 Stats.
The definition of probationary period is set forth under s.
				  ER- MRS 1.02(24).
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 13 - Probationary Periods › Section ER-MRS 13.015 - Purpose

Current through June 24, 2024
During the probationary period the work of the employee is to
				be closely observed to determine if the employee is effectively able to carry
				out the assigned duties and responsibilities on a continuing
				basis.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 13 - Probationary Periods › Section ER-MRS 13.02 - Duration

Current through June 24, 2024
All probationary periods shall be one year in duration,
				except:
(1) In the case of an
			 understudy, intern, trainee, student cooperative program or an apprentice
			 appointment, the probationary period shall be lengthened by the total length of
			 such understudy, intern, trainee, student cooperative program or apprentice
			 period.
(2) In the case of
			 employees who have not demonstrated the capacity to be granted permanent status
			 in class within 12 months after the beginning of an original or promotional
			 probationary period, the director may, at the request of an appointing
			 authority, extend the probationary period for up to 12 additional months,
			 provided the extension is desirable on the basis of factors such as:
(a) Unanticipated change in the program or
			 duty assignment, or
(b) Substantial
			 change in performance.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 13 - Probationary Periods › Section ER-MRS 13.03 - When probation required

Current through June 24, 2024
A probationary period is required for:
(1) All original appointments;
(2) All promotional appointments;
(3) The duration that an employee is serving
			 a trainee, intern, apprentice, student cooperative program or understudy
			 appointment; and
(4) Upon
			 qualifying for the objective classification after completion of the trainee,
			 intern, apprentice, student cooperative program or understudy period.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 13 - Probationary Periods › Section ER-MRS 13.04 - Permissive probationary period provisions

Current through June 24, 2024
(1) For the
			 application of permissive probationary periods on:
(a) Transfer: See ss. ER-MRS 15.03 15.04, and
			 15.08.
(b) Reinstatement: See s.
			 ER-MRS 16.04(1).
(c) Voluntary
			 demotion: See s. ER-MRS 17.04(3) (b) and (c).
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 13 - Probationary Periods › Section ER-MRS 13.045 - Probationary period for positions brought into the classified service

Current through June 24, 2024
If an incumbent employee is certified and appointed under s.
				230.15(1m)
				(c), Stats., the director shall determine the
				employee's probationary status under s.
				230.28,
				Stats., except that the employee shall receive credit toward any probationary
				period for the time the employee had been employed in the position immediately
				prior to appointment under s.
				230.15(1m)
				(c), Stats.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 13 - Probationary Periods › Section ER-MRS 13.05 - Absence from employment

Current through June 24, 2024
(1) UP TO 348 WORK HOURS. If an employee has
			 absences from employment not exceeding 348 work hours or prorated portion for
			 part-time employees for any reason approved by the appointing authority, the
			 appointing authority shall determine whether such absence shall be waived from
			 the probationary time or the probationary period is to be extended to cover
			 such absence. The employee shall be given written notice of such
			 extension.
(2) MORE THAN 348 WORK
			 HOURS. If an employee has such absence from employment totaling more than 348
			 work hours or the prorated portion for part-time employees, during a
			 probationary period identified in s. ER-MRS 13.03, the probationary period
			 shall be extended by the length of the time absent, except that up to 348 work
			 hours or prorated portion for part-time employees may be waived by the
			 appointing authority. For permissive probationary periods, such extension is at
			 the discretion of the appointing authority except that the employee must serve
			 a minimum of 6 months consistent with s. ER-MRS 13.02(4). The employee shall be
			 given written notice of such extension.
(3) TERMINATION DUE TO PENDING LAYOFF. If an
			 employee was terminated during a probationary period due to a pending layoff
			 prior to July 1, 2016, and is later reinstated, the time served may be carried
			 over at the discretion of the new appointing authority. Determination of any
			 such carry-over shall be specified at the time of the reinstatement and written
			 notice given to the employee and a record of such notification kept on
			 file.
(4) RESIGNATION. If an
			 employee resigns during a probationary period, and is later reappointed from
			 the same employment register, the time served shall not be carried
			 over.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 13 - Probationary Periods › Section ER-MRS 13.08 - Dismissal

Current through June 24, 2024
(1) ACTION BY APPOINTING AUTHORITY. The
			 appointing authority may dismiss any employee without the right of appeal
			 during the employee's probationary period. Dismissals shall not be made on a
			 discriminatory basis as defined under ss.
			 111.31 to
			 111.395,
			 Stats.
(2) DISMISSAL NOTICE
			 REQUIRED. When a probationary employee is to be dismissed, the appointing
			 authority shall immediately provide written notice to the employee to be
			 dismissed of the reasons for dismissal, the date on which dismissal is to
			 occur, and that the employee may be restored to the register from which he or
			 she was appointed, if it still exists, upon request to and with the approval of
			 the director pursuant to s.
			 230.28(3),
			 Stats. A copy of such notice shall be sent to the director. An employee who has
			 permanent status and is dismissed while on a probationary period under the
			 provisions of s. ER-MRS 14.03 or
			 15.055, shall also be notified
			 whether or not the employee will be restored to the employee's former position,
			 or to a position assigned to a class having the same pay rate or pay range
			 maximum, or to a position in a class assigned to a counterpart pay rate or pay
			 range.
For rights of employees who are terminated from a position
				  while serving a probationary period resulting from promotion, transfer or
				  demotion, see ch. ER-MRS 14, 15 or 17,
				  respectively.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 13 - Probationary Periods › Section ER-MRS 13.09 - Attainment of permanent status in class

Current through June 24, 2024
Permanent status in class is attained immediately upon
				completion of the last work period to which the employee was assigned to work
				during his or her probationary period regardless of whether it falls on or
				before the last day of the probationary period. Prior to the end of the
				probationary period, the appointing authority shall notify the employee in
				writing that the employee will attain permanent status in class. No employee
				may be denied permanent status in class after successfully completing a
				probationary period because an appointing authority fails to submit
				notice.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 14 - Promotion › Section ER-MRS 14.02 - Exclusions

Current through June 24, 2024
(1) The appointment of an employee to a
			 different position in a higher classification while the employee is serving a
			 probationary period on an original or promotional appointment shall be
			 considered a new original appointment or new promotional appointment,
			 respectively.
(2) The appointment
			 of a former employee who previously had permanent status in class to a position
			 in a higher classification than the employee's former class, after a break in
			 service not covered by leave of absence provisions of ch. ER 18 or a collective
			 bargaining agreement, or the layoff provisions of ch. ER-MRS 22 or a collective
			 bargaining agreement, shall be considered an original appointment.
(3) The permissive appointment of an employee
			 to a different position in a higher class than the highest position currently
			 held in which the employee has permanent status in class, when the employee has
			 reinstatement eligibility to the higher class, is a reinstatement, except as
			 provided in sub. (5).
(4) The
			 appointment of an employee to a different position in a higher class than the
			 highest position currently held in which the employee has permanent status in
			 class, when the employee has restoration rights to the higher class, is a
			 restoration.
(5) The permissive
			 appointment of an employee to a different position in a higher class than the
			 highest position currently held in which the employee has permanent status in
			 class, when the employee has been certified from a register as eligible for
			 appointment, may be considered a promotion when the position is in a class,
			 class subtitle or progression series in which the employee has not previously
			 attained permanent status in class.
(6) For provisions relating to the
			 appointment of persons or employees to positions classified as trainee, see ch.
			 ER 44.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 14 - Promotion › Section ER-MRS 14.03 - Kinds of promotion; status and rights

Current through June 24, 2024
(1) PROMOTION
			 WITHIN THE SAME AGENCY. In accordance with s.
			 230.28(1),
			 Stats., the promoted employee shall be required to serve a probationary period.
			 At any time during this period the appointing authority may remove the employee
			 from the position to which the employee was promoted without the right of
			 appeal and shall restore the employee to the employee's former position or a
			 similar position and former rate of pay, as determined under s.
			 ER 29.03(7)
			 (a) or the compensation plan. Any other
			 removal, suspension without pay, or discharge during the probationary period
			 shall be subject to s.
			 230.44(1)
			 (c), Stats. If the position to which the
			 employee has restoration rights has been abolished, the employee shall be given
			 consideration for any other vacant position in the same or counterpart pay
			 range for which the employee is determined to be qualified by the appointing
			 authority to perform the work after being given the customary orientation
			 provided for newly hired workers. If no such vacant position exists, the
			 employee shall be treated as if he or she had been restored to the position
			 held prior to promotion and the provisions for making layoffs under ch. ER-MRS
			 22 shall apply.
Note:
For pay on promotion, new promotion and
				restoration, see s.
				ER 29.03(4) (b), (4)
				(c) and (7) (a), respectively, or the
				compensation plan.
(2)
			 PROMOTION BETWEEN AGENCIES. In accordance with s.
			 230.28(1),
			 Stats., the promoted employee shall be required to serve a probationary period.
			 At any time during this period the appointing authority may dismiss the
			 promoted employee from the service without the right of appeal.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 15 - Transfer › Section ER-MRS 15.01 - Eligibility for transfer

Current through June 24, 2024
To be eligible for transfer, an employee shall be qualified to
				perform the work of the position to which the employee would transfer after
				customary orientation provided for a newly hired worker in the
				position.
See ER-MRS 1.02(33) for a definition of transfer.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 15 - Transfer › Section ER-MRS 15.02 - Authorization by director

Current through June 24, 2024
The director may waive competition for a voluntary transfer
				upon written request by an appointing authority provided the employee meets the
				eligibility requirement under s. ER-MRS 15.01 and that the position to which
				the employee is transferring is assigned to a class in the same or counterpart
				pay rate or pay range to which any of the employee's current positions is
				assigned, and such documentation is provided to the director. The director may
				delegate this authority to appointing authorities. The director may authorize
				an involuntary transfer, upon written request by an appointing authority, due
				to performance, discipline, or operational needs.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 15 - Transfer › Section ER-MRS 15.03 - Transfer between agencies

Current through June 24, 2024
An employee who transfers between agencies may be required by
				the appointing authority to serve a probationary period, except that a
				probationary period shall be required upon transfer to any position identified
				in s. ER-MRS 13.02(1). An employee serving such a probationary period after
				transferring from a position in which the employee had permanent status in
				class or who has transferred under s. ER-MRS 15.07, may be separated from the
				service without the right of appeal at the discretion of the appointing
				authority.
For pay on transfer see s.
				  ER
				  29.03(5) or the compensation
				  plan.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 15 - Transfer › Section ER-MRS 15.04 - Transfer between different employing units of the same agency

Current through June 24, 2024
(1) An employee who
			 transfers between different employing units of the same agency may be required
			 by the appointing authority to serve a probationary period, except that a
			 probationary period shall be required upon a transfer to a trainee position. If
			 the transfer is to a position in a different class and no probationary period
			 resulting from the transfer is required, the employee shall immediately attain
			 permanent status in class. An employee who transfers while serving a
			 probationary period may continue in the probationary status being served prior
			 to transfer or begin a new probationary period under s. ER-MRS 15.07.
(2) An employee currently serving a
			 permissive probationary period or an employee not currently serving a
			 probationary period who is involuntarily transferred will not be required to
			 serve a probationary period and the employee shall immediately attain permanent
			 status in class.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 15 - Transfer › Section ER-MRS 15.05 - Transfer within the same employing unit

Current through June 24, 2024
No employee who transfers or who is involuntarily transferred
				within the same employing unit either to a position in a different class or to
				a different position in the same class may be required to serve a probationary
				period, except that a probationary period shall be required upon transfer to a
				trainee position.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 15 - Transfer › Section ER-MRS 15.055 - Employee removal; status and rights

Current through June 24, 2024
If a probationary period resulting from a transfer under s. ER-
				MRS 15.04 or is required 15.05, the appointing authority, at any time during
				this period, may remove the employee from the position to which the employee
				transferred, without the right of appeal. An employee so removed shall be
				restored to the employee's previous position or transferred to a position for
				which the employee is qualified in the same pay range or pay rate or a
				counterpart pay range or pay rate without a break in employment. Any other
				removal, suspension without pay, or discharge during a probationary period
				resulting from transfer shall be subject to s.
				230.34,
				Stats.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 15 - Transfer › Section ER-MRS 15.07 - Transfer while serving a probationary period

Current through June 24, 2024
(1) Employees
			 serving a probationary period may transfer to a different position. The
			 probationary period time served prior to such movement shall be carried over if
			 the transfer is within an employing unit. If the transfer is between employing
			 units of the same agency or between agencies, the probationary period time
			 served prior to such movement may be carried over at the discretion of the
			 appointing authority.
(2) Where
			 time served in the probationary period may be carried over at the discretion of
			 the appointing authority, the appointing authority shall give written notice to
			 the employee at the time of appointment of the determination whether the
			 probationary period may be carried over. A record of that determination shall
			 be placed in the employee's personnel file.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 15 - Transfer › Section ER-MRS 15.08 - Transfer to a supervisory or management position

Current through June 24, 2024
An employee who transfers to a supervisory or management
				position may be required, at the discretion of the appointing authority, to
				serve a probationary period in accordance with the provisions of s.
				230.28(1) (am) and
				(4), Stats.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 16 - Reinstatement And Restoration › Section ER-MRS 16.01 - Definition

Current through June 24, 2024
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.
See s. ER-MRS 1.02(29) and (30) for definitions of
				  reinstatement and restoration.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 16 - Reinstatement And Restoration › Section ER-MRS 16.015 - Return to a lower position

Current through June 24, 2024
(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.
(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).
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 16 - Reinstatement And Restoration › Section ER-MRS 16.025 - Period of eligibility

Current through June 24, 2024
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:
(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:
(a) Five years after the date of
			 separation if separation occurred prior to July 1, 2016.
(b) Three years after the date of layoff if
			 layoff occurred on or after July 1, 2016.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 16 - Reinstatement And Restoration › Section ER-MRS 16.03 - Types and conditions of restoration

Current through June 24, 2024
(1) LAYOFF BEFORE
			 JULY 1, 2016. See s. ER-MRS 22.10.
(2) RETURN FROM MILITARY. An employee
			 returning from military service shall be restored under the provisions of s.
			 230.32,
			 Stats.
(3) RESTORATION IN
			 ACCORDANCE WITH ORDER OF WISCONSIN EMPLOYMENT RELATIONS COMMISSION OR COURT
			 ACTION. See s.
			 230.44(4)
			 or
			 230.445,
			 Stats. A probationary period shall not be required as a result of such
			 restoration.
(4) RETURN FROM
			 SERVING IN THE UNCLASSIFIED SERVICE. An employee returning from an approved
			 leave of absence to the unclassified service shall be restored under the
			 provisions of s.
			 230.33,
			 Stats.
(5) RESTORATION FOLLOWING
			 NON-COMPLETION OF PROBATIONARY PERIOD UPON PROMOTION OR TRANSFER WITHIN AN
			 AGENCY. See s.
			 230.28(1)
			 (d), Stats., and ss. ER-MRS 14.03(1) and
			 15.055.
(6) RETURN FROM APPROVED
			 LEAVE WITHOUT PAY OR SUMMER LEAVE.
(a)
General.
Return from approved leave without pay or summer
			 leave shall be treated as if it were a restoration under either of the
			 following:
1. A position at the same level is
			 available. Except as provided in subd. 2., upon the expiration of an approved
			 leave of absence without pay, or sooner if the appointing authority agrees, a
			 classified employee may return to his or her position or to a position in the
			 same or counterpart pay range for which the employee is qualified to perform
			 the work after being given the customary orientation provided for a newly hired
			 worker in the position.
2. No
			 position at the same level is available. If the position is filled while the
			 employee is on leave or if the position has been abolished and there is no
			 other vacant position available in the same or counterpart pay range in the
			 agency, the employee shall be treated as if he or she had been restored to the
			 previous position, and the provisions for making layoffs under ch. ER-MRS 22
			 shall apply.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 16 - Reinstatement And Restoration › Section ER-MRS 16.035 - Types and conditions of reinstatement

Current through June 24, 2024
(1) GENERAL. An
			 employee who, prior to July 1, 2016, has separated from a position in the
			 classified service without misconduct or delinquency or who has accepted a
			 voluntary demotion for personal reasons shall be eligible for reinstatement in
			 any agency for 5 years from the date of such separation or demotion.
(2) RETURN FROM UNCLASSIFIED POSITION. Any
			 employee who left the classified service to accept an appointment to an
			 unclassified position shall have reinstatement eligibility in any agency for 5
			 years following the appointment to the unclassified service or one year after
			 termination of the unclassified appointment, whichever is longer. The benefit
			 under this subsection is in addition to any benefit under s. ER-MRS
			 16.03(4).
(3) DOWNWARD REALLOCATION
			 OR RECLASSIFICATION OF A POSITION. An employee whose position has been
			 reallocated or reclassified to a lower class shall have reinstatement
			 eligibility in any agency for 5 years from the date of the action. For
			 definitions of reallocation and reclassification, see s.
			 ER 3.01(2) and
			 (3), respectively.
Note:
Section ER-MRS 16.035(3) only applies to
				downward reallocations that occurred prior to July 1, 2016, as provided in s.
				230.31,
				Stats.
(3m) LAYOFF. See s.
			 ER-MRS 22.11.
(4) FAILURE TO RETURN
			 FROM LEAVE OF ABSENCE. If an employee does not return from an approved leave of
			 absence, such failure to return shall be treated as job abandonment under s.
			 ER 21.03, unless the
			 employee submits a letter of resignation as required under s.
			 ER
			 21.02.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 16 - Reinstatement And Restoration › Section ER-MRS 16.04 - Kinds of reinstatement; probationary status

Current through June 24, 2024
(1) REINSTATEMENT
			 OF PERSONS WHO PREVIOUSLY OBTAINED PERMANENT STATUS IN CLASS.
(a)
Reinstatement to different
			 agency.
A person who is reinstated to an agency other than the one
			 from which the person earned reinstatement eligibility may be required by the
			 appointing authority to serve a probationary period. If not required to serve a
			 probationary period, the employee shall immediately attain permanent status in
			 class. If required to serve a probationary period and during such period the
			 employee's services are found to be unsatisfactory, the employee may be
			 terminated from the service by the appointing authority without the right of
			 appeal.
(b)
Reinstatement
			 to a different employing unit in the same agency.
A person who is
			 reinstated to a different employing unit in the same agency from which the
			 person earned reinstatement eligibility may be required by the appointing
			 authority to serve a probationary period. If not required to serve a
			 probationary period, the employee shall immediately attain permanent status in
			 class. If required to serve a probationary period, the employee may be
			 terminated from the service by the appointing authority during the probationary
			 period without the right of appeal. However, if the probation is terminated
			 without misconduct, following reinstatement as a result of layoff, the employee
			 shall continue to have reinstatement eligibility under s. ER-MRS
			 22.11.
(c)
Reinstatement to
			 the same employing unit.
A person shall not be required to serve a
			 probationary period when reinstated to the same employing unit from which the
			 person earned reinstatement eligibility and shall immediately attain permanent
			 status in the class, except that a probationary period may be required for
			 reinstatement to a supervisory or management position in accordance with the
			 provisions of s.
			 230.28(4),
			 Stats.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 17 - Demotion › Section ER-MRS 17.01 - Eligibility for demotion

Current through June 24, 2024
To be eligible for demotion, an employee must be qualified to
				perform the work of the position after the customary orientation provided for a
				newly hired worker in the position.
The definition of demotion is set forth in s. ER- MRS
				  1.02(5).