Section 18.03. Sick leave.

 

(1)   Employees who earn sick leave. Pursuant to s. 230.35 (2) , Stats., all employees shall earn sick leave under this rule except:

(a) Limited term employees;

(b) Members of the organized militia referenced under s. 20.923 (6) (c) , Stats.;

(c) Those employees referenced in s. 230.08 (2) (j) , 1993 Stats.

(1g)   Sick leave for certain unclassified staff. This section also applies to unclassified staff of the legislature not identified under s. 20.923 (4) , Stats., unclassified staff of a legislative service agency under subch. IV of ch. 13 , Stats., staff of the state court system, and the one stenographer employed by each elective executive officer under s. 230.08 (2) (g) , Stats. These persons shall be considered "employees" for the provisions regarding sick leave under this chapter.

(1m)   Certain elected officials' sick leave. This section also applies to elected officials except members of the legislature, circuit and appeals court judges and justices of the supreme court.

(2)   Accrual of sick leave.

(a) Sick leave credit shall accrue at the rate of .0625 hour for each hour in pay status, not to exceed 5 hours in any biweekly pay period.

(b) Sick leave credits in any given year shall not be earned for any period of absence without pay or time otherwise not worked or paid for, except that for administrative purposes, any approved absence or absences without pay totaling 4 work hours or less in any biweekly pay period will be disregarded. This paragraph does not apply to persons on temporary layoff under s. ER-MRS 22.14 who shall earn sick leave credits at the rate specified under par. (a) for the time spent on such temporary layoff.

(c) Unused sick leave shall accumulate from year to year in the employee's sick leave account pursuant to s. 230.35 (2) , Stats.

(d) Sick leave shall not be used until it has been accrued.

(3)   Accounting for use of sick leave. The use of sick leave shall be charged to the employee's account by the appointing authority.

(4)   Eligibility for and use of sick leave. Each employee who has accrued sick leave credits shall be eligible to use sick leave for periods of absence from employment, as follows:

(a) For personal illnesses, bodily injuries, maternity, or exposure to contagious disease:

1. Which require the employee's confinement;

2. Which render the employee unable to perform assigned duties; or

3. Where performance of assigned duties would jeopardize the employee's health or recovery.

(b) For immediate family or personal medical or dental appointments which cannot be scheduled at times other than during work hours.

(c) For temporary emergency medical care of ill or injured members of the immediate family for a limited period of time to permit the employee to make other arrangements. Use of sick leave for temporary emergency care of immediate family members is limited to 5 work days for any one illness or injury; however, the use of sick leave may be extended to cover unusual circumstances provided prior approval is obtained from the appointing authority.

(d) For a death in the immediate family, use of accrued sick leave due to a death in the immediate family is limited to a total of 3 work days, plus required travel time not to exceed 4 additional work days. However the appointing authority may extend the use of sick leave to cover unusual circumstances.

(e) An appointing authority may require a medical certificate to justify the granting of sick leave or to verify the fitness of an employee to return to work.

(5)   Sick leave credit continuation.

(a) Previously accumulated sick leave shall not be canceled by absence on approved leave under s. ER 18.14 . Termination from the service for misconduct or delinquency shall cancel all unused accumulated sick leave. Whenever an unclassified employee covered by this section or a permanent classified employee is laid off, terminated due to lack of work or funds, or resigns, any unused accumulated sick leave credit shall remain on record and be restored if the person is reemployed in a position covered by this section within 5 years. This provision shall also apply to project employees eligible to transfer credits under s. ER 18.05 (3) .

(b) For restoration of sick leave credits for employees serving in career executive positions or positions designated in s. 20.923 (4) , (8) and (9) , Stats., see s. 230.35 (2) , Stats. This same provision shall also apply to elected officials except members of the legislature, circuit and appeals court judges and justices of the supreme court.

(6)   Adjustment to sick leave balance of employees on unpaid leave of absence. Employees who began an unpaid leave of absence on or after July 6, 1997 and before October 12, 1997 shall have their sick leave balances recomputed, upon their return to a position covered by this section, at the rate of .0625 for each hour in pay status, not to exceed 5 hours in any biweekly pay period, based on the number of hours in pay status in a position covered by this section during that time period. Any additional sick leave credits will be credited to the employee's sick leave balance and are available for prospective use only.

(7)   Adjustment to sick leave balance.

(a) The sick leave balances of all employees in pay status on October 12, 1997 and former employees who retired or were laid off from a position during the period from July 6, 1997 to October 12, 1997 shall be recomputed at the rate of .0625 for each hour in pay status, not to exceed 5 hours in any biweekly pay period, based on the number of hours in pay status in a position covered by this section during that time period. Any additional sick leave credits will be credited to the employee's sick leave balance and are available for prospective use only, except that former employees who retired or were laid off after July 6, 1997 and before October 12, 1997 may use the additional sick leave credits for the payment of health insurance premiums in the same manner as any sick leave credits that were available to them for that purpose at the time of retirement or layoff.

(b) The sick leave balances of all employees who move after October 12, 1997 from a position covered by a collective bargaining agreement under subch. V of ch. 111 , Stats., to a position covered by this section shall be recomputed at the rate of .0625 for each hour in pay status, not to exceed 5 hours in any biweekly pay period, based on the number of hours in pay status in a position or positions covered by a collective bargaining agreement between July 6, 1997 and the effective date of the employee's move to a position covered by this section. The sick leave balance of an employee may not be adjusted for any hours in pay status during that time period if the employee's sick leave balance previously has been adjusted for those hours under sub. (6) or par. (a) or under terms of a collective bargaining agreement. Any additional sick leave credits will be credited to the employee's sick leave balance and are available for prospective use only. This paragraph does not apply after June 30, 1999.

History: Cr. Register, October, 1972, No. 202 , eff. 11-1-72; am. (1), (2) (a) and (b) and (5), Register, September, 1975, No. 237 , eff. 10-1-75; am. (1) and (7), Register, December, 1976, No. 252 , eff. 1-1-77; am. (1), (2), (3) and (4) (a), r. (4) (c) and (7), renum. (5) to be (5) (a) and am., cr. (5) (b), renum. (6) to be (5) (c) and am. Register, February, 1981, No. 302 , eff. 3-1-81; am. (2) (a) and (b) and (5) (c), Register, February, 1983, No. 326 , eff. 3-1-83; renum. from ER-Pers 18.03, r. (1) (b) and (c), (4) (a) and (5) (c), cr. (1g), (1m), (4) (intro.) to (d), Register, May, 1988, No. 389 , eff. 6-1-88; correction in (2) (b) and (5) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466 ; emerg. am. (2) (a), cr. (6) and (7), eff. 10-12-97; am. (2), cr. (6) and (7), Register, March, 1998, No. 507 , eff. 4-1-98; cr. (4) (d), Register, December, 1999, No. 528 , eff. 1-1-00; correction in (5) (b) made under s. 13.93 (2m) (b) 7., Stats., Register April 2002 No. 556 ; CR 04-139 : am. (5) (a) Register June 2005 No. 594 , eff. 7-1-05.

Note

See ss. 13.121 (4) and 757.02 (5) , Stats., for accrual of sick leave credits for health insurance premiums for members of the legislature and circuit and appeals court judges and justices of the supreme court, respectively. Microsoft Windows NT 6.1.7601 Service Pack 1 See s. ER 18.05 for sick leave carry-over provisions for project employees. Microsoft Windows NT 6.1.7601 Service Pack 1 For provisions regarding sick leave conversion credit at the time of retirement, in the event of death or at the time of layoff, see s. 40.05 (4) (b) and (bm) , Stats., regarding health insurance premiums. Microsoft Windows NT 6.1.7601 Service Pack 1