Section 22.09. Failure to accept reasonable offer of appointment.

 

(1)  An employee who has been notified of layoff and fails to accept a reasonable offer of permanent appointment within the agency within 5 work days of the offer or who, upon acceptance, fails to be available for work within 5 work days after acceptance forfeits any further rights to an appointment under ss. ER-MRS 22.08 and 22.10 .

(2)  As determined by the appointing authority, an offer of appointment shall be considered reasonable if it meets the following 5 conditions as of the date of the offer:

(a) The position is one which the employee would be qualified to perform after customary orientation provided to new workers in the position.

(b) The position is the highest level position available within the agency to which the employee could either transfer or demote.

(c) The number of work hours required does not vary substantially from the number of work hours previously worked.

(d) The position is located at a work site that is within reasonable proximity of the original work site.

(e) The pay range of the position offered is no more than 3 pay ranges or counterpart pay ranges lower than the pay range of the position from which the employee was laid off.

History: Cr. Register, February, 1981, No. 302 , eff. 3-1-81; am. (1) and (2) (intro.), cr. (2) (e), Register, February, 1983, No. 326 , eff. 3-1-83; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466 ; emerg. am. (2) (intro.) and (e), eff. 6-12-95; am. (2) (intro.) and (e), Register, December, 1995, No. 480 , eff. 1-1-96; CR 04-138 : am. (2) (a) to (c) Register June 2005 No. 594 , eff. 7-1-05.