Section 22.10. Restoration rights and conditions.

  An employee who transfers or demotes to another agency as a result of layoff under s. ER-MRS 22.08 (1) or (2) and is terminated while on probation, exercises displacement rights as a result of layoff under s. ER-MRS 22.08 (3) , is demoted as a result of layoff under s. ER-MRS 22.08 (2) , or is terminated as a result of layoff, shall, under s. 230.34 (2) , Stats., be granted the following considerations for a 3-year period from the date of such action:

(1)   Return to same employing unit. When a vacancy occurs in the employing unit at or closest to the same or counterpart pay range level from which an employee was terminated as a result of layoff, exercised displacement rights, demoted as a result of layoff, or transferred or demoted between agencies as a result of layoff and was terminated while on probation, the employee shall be recalled in inverse order of layoff providing the employee is qualified to perform the work after being given the customary orientation provided newly hired workers in such position, unless the employee previously declined a similar offer.

(2)   Return to the agency. When a vacancy occurs in the agency in the approved layoff group from which the employee was terminated as a result of layoff, exercised displacement rights, demoted as a result of layoff, or transferred or demoted between agencies as a result of layoff and was terminated while on probation, the employee shall be recalled in inverse order of layoff, providing the employee is qualified to perform the work after being given the customary orientation provided newly hired workers in such position, unless the employee previously declined a similar offer. The order for recall of an employee who transferred or demoted between agencies as a result of layoff and was terminated while on probation shall be determined on the basis of the effective date of the layoff. An employee recalled to a different employing unit in the agency may not be required to serve a probationary period.

(3)   Requirements for restoration. An employee or former employee having restoration rights under this section who fails to accept a reasonable offer of reappointment within the agency within 5 work days of the offer or who, upon acceptance, fails to be available for work within 10 work days after acceptance, forfeits any further restoration rights under s. ER-MRS 22.10 . If extenuating circumstances prevent an employee or former employee from reporting for work within 10 work days after acceptance or making other arrangements with the employer, the employee does not forfeit the right to further restoration when other vacancies occur, providing the nature of the extenuating circumstances was acceptable to the appointing authority.

(4)   Pay on restoration. See s. ER 29.03 (7) or the compensation plan.

(6)   Expiration of rights. An employee who transfers as a result of layoff under s. ER-MRS 22.08 (1) (a) 1. or 2. , or who is restored after termination in lieu of layoff while serving a probationary period resulting from a promotion or transfer within the agency under s. ER-MRS 14.03 (1) or 15.04 , respectively, or who is restored or reinstated to a position within the agency in the same or counterpart pay range shall have no further restoration rights.

History: Cr. Register, September, 1975, No. 272 , eff. 10-1-75; cr. (intro.), (1) renum. from Pers 22.055 (1) and am., cr. (2) to (6), Register, February, 1981, No. 302 , eff. 3-1-81; am. (intro.) through (4) and (6), Register, February, 1983, No. 326 , eff. 3-1-83; am. (2), r. (5), Register, May, 1988, No. 389 , eff. 6-1-88; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466 ; correction in (6) made under s. 13.93 (2m) (b) 7., Stats., Register April 2002 No. 556 ; CR 04-138 : am. (intro.), and (4) Register June 2005 No. 594 , eff. 7-1-05.

Note

For pay of employees restored following layoff see s. ER 29.03 (7) or the compensation plan. Microsoft Windows NT 6.1.7601 Service Pack 1