Wisconsin Administrative Code › Department of Administration-Division of Personnel Management › Chapter ER 18 - Absences › Section ER 18.05 - Other provisions relating to annual leave, sick leave and personal holidays

Current through June 24, 2024
(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.
(2) TRANSFER OF CREDITS BY
			 PERMANENT CLASSIFIED OR UNCLASSIFIED EMPLOYEES.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.