Section 14.02. Exclusions.

 

(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. Such appointments are reinstatements when the employee is appointed on the basis of qualifying for the position other than as a result of being certified as eligible for appointment from a register.

(6)  For provisions relating to the appointment of persons or employees to positions classified as trainee, see s. ER-MRS 6.12 .

History: Cr. Register, October, 1972, No. 202 , eff. 11-1-72; am. Register, February, 1981, No. 302 , eff. 3-1-81; am. (2), renum. (3) to be (6) and am., cr. (3) to (5), Register, May, 1988, No. 389 , eff. 6-1-88; correction in (2) and (6) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466 ; CR 04-138 : am. (5) Register June 2005 No. 594 , eff. 7-1-05.