Section 16.035. Types and conditions of reinstatement.

 

(1)   General. An employee who 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.

(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 .

History: Cr. Register, February, 1981, No. 302 , eff. 3-1-81; am. (3), Register, May, 1988, No. 389 , eff. 6-1-88; corrections in (2) and (4) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466 ; am. (1) to (3), Register, December, 1999, No. 528 , eff. 1-1-00; corrections in (4) made under 13.93 (2m) (b) 7., Stats., Register, December, 1999, No. 528 ; CR 04-138 : am. (1) to (3) Register June 2005 No. 594 , eff. 7-1-05.