Section 18.05. Other provisions relating to annual leave, sick leave and personal holidays.

 

(1)   Annual leave, sick leave or personal holidays on legal holidays. In the event that a legal holiday falls on a regular work day within the week or weeks taken as annual leave, sick leave, or personal holidays, such legal holiday shall not be charged as annual leave, sick leave or personal holiday. For any time on which work is suspended, such suspension shall not be construed to extend any annual leave, sick leave or personal holiday to an employee in such status at the time.

(2)   Transfer of credits by permanent classified or unclassified employees.

(a) For the purposes of this subsection, "new appointing authority" means the appointing authority after the movement between the relevant types of employment. In some instances, the new appointing authority may be the same as the former appointing authority.

(b) Except as provided in pars. (e) and (g) , upon entry to employment covered by this chapter from state unclassified employment which was not covered by this chapter, unused leave credits accumulated under the employment not covered by this chapter may be retained by the employee upon mutual agreement between the employee and the new appointing authority. Such agreements are subject to approval by the administrator. The total amount of leave credits retained by the employee may not exceed the unused leave credits which could have been accumulated in accordance with the provisions of this chapter. Negative leave credit balances shall not be transferred. An elected official is not eligible to transfer unused leave credits earned during employment as an elected official to employment covered by this chapter other than unused sick leave credits. The transfer of unused sick leave credits accumulated under state unclassified employment not covered by this chapter will be authorized subject to the limits specified in this paragraph.

(c) When an employee moves from a position to a different position, and employment in both positions is covered by this chapter, obligation for any unused accumulated leave credits earned pursuant to this chapter shall be assumed by the new appointing authority.

(d) When an employee in employment subject to this chapter moves to unclassified state employment not subject to this chapter, the employee may carry forward any unused accumulated leave credits earned under this chapter to the new place of employment, providing the new appointing authority agrees to assume the obligation for them.

(e) When an employee in employment subject to this chapter terminates and moves to unclassified state employment not subject to this chapter and the new appointing authority is not willing to assume the obligation for any unused accumulated leave credits earned under this chapter, the agency subject to this chapter shall pay the employee a lump sum payment for the leave credits, except that no payment shall be made for sick leave credits.

(f) When a represented classified employee moves to a nonrepresented position subject to this chapter, the employee shall carry forward any unused accumulated leave credits.

(g) When an elected official covered by s. ER 18.03 moves to other employment subject to this chapter, any unused sick leave credits shall be carried forward.

(h) When positions are converted from the unclassified service to the classified service, leave credit benefits for employees who remain in such positions pursuant to a waiver of competition under s. 230.15 (1) , Stats., are determined by the administrator.

(3)   Transfer of credits by project employees who were permanent employees or unclassified employees. Pursuant to s. 230.27 (2m) (b) , Stats., a project employee who has previously been a permanent classified employee or an unclassified employee other than a limited term employee may transfer continuous service and paid leave credits previously earned to the project appointment and from the project appointment to a subsequent project or permanent appointment in a manner consistent with that applied to similar transactions in the permanent classified service, subject to the following:

(a) Transfer of credits to a project appointment.

1. Accumulated leave credits earned as a permanent classified employee or as an unclassified employee other than a limited term employee shall be carried over to a project appointment in the same manner as prescribed under sub. (2) if the project employee would have been able to carry over the leave credits to a permanent appointment.

2. Continuous service credits earned as a permanent classified employee or as an unclassified employee other than a limited term employee shall be carried over to a project appointment in the same manner as prescribed under s. ER 18.02 (2) if the project employee would have been eligible to carry over the continuous service credits to a permanent appointment.

(b) Transfer of credits between project appointments. Accumulated leave and continuous service credits earned during a project appointment shall be carried over upon appointment to a subsequent project appointment if the project employee previously was a permanent classified employee or unclassified employee other than a limited term employee and could have carried over the leave credits if the project appointments had been permanent appointments.

(c) Transfer of credits from a project appointment. Accumulated leave and continuous service credits earned during a project appointment shall be carried over upon a permanent classified or unclassified appointment if the project employee previously was a permanent classified employee or an unclassified employee other than a limited term employee and could have carried over the leave credits if the project appointment had been a permanent appointment.

(4)   Transfer of credits by other project employees. Pursuant to s. 230.27 (2m) (a) , Stats., a project employee who has not previously been a permanent classified employee or an unclassified employee other than a limited term employee may not transfer continuous service or paid leave credits earned in any project appointment to subsequent project, permanent, or unclassified appointments, subject to the following:

(a) Continuous service. Continuous service credit shall be earned for the duration of employment in the project position. Continuous service is considered interrupted and a new period of continuous service begins upon subsequent project, permanent, or unclassified appointments.

(b) Annual leave. A 6 month qualifying period must be served in each project appointment and subsequent permanent appointment before becoming eligible to use annual leave.

(c) Sick leave. Unused sick leave credits shall be canceled upon subsequent project, permanent, or unclassified appointments.

(d) Holidays. Time off for personal and legal holidays shall be granted under s. ER 18.04 .

(6)   Leave credit balances. An employee may not overdraw the balance of any leave credit account.

History: Renum. from ER-Pers 18.04 (1), cr. (2) to (4) and (6), Register, May, 1988, No. 389 , eff. 6-1-88; am. (4) (d), Register, December, 1999, No. 528 , No. 528, eff. 1-1-00; correction in (2) (b), (h) under s. 13.92 (4) (b) 6. , Stats., Register September 2015 No. 717 .