eLaws | eCases | State of Wisconsin |
 Wisconsin Administrative Code (Last Updated: January 10, 2017)
 Agency ER. Department of Administration-Division of Personnel Management
 Chapter ERules. Emergency Rules

EmR1616. Relating to: Technical changes to ER rules related to calculation of annual hours

Latest version.

  • Department of Administration-Division of Personnel Management (ER)

    Administrative Code Chapters Affected:

    Ch. ER 10 (Revised)

    Ch. ER 18 (Revised)

    Related to: Technical changes to ER rules related to calculation of annual hours

    Comments for this rule have closed

    Statement of Scope: SS 137-15

    Date Filed With LRB: May 4, 2016

    Date Published: May 4, 2016

    Effective Start Date: May 4, 2016

    Expiration Date: September 30, 2016

    Notes: The statement of scope for this rule, SS 137-15, was approved by the Governor on December 11, 2015, and published in Register No. 720A3 on December 21, 2015, and approved by the Department of Administration Secretary, Scott Neitzel, effective December 31, 2015. This emergency rule was approved by the Governor on April 21, 2016.

    Register Entries

    Date Register File
    5/9/2016725A2, Emergency Rules Filed with Legislative Reference BureauEmR1616 Fiscal Estimate
    5/9/2016725A2, Emergency Rules Filed with Legislative Reference BureauEmR1616 Rule Text
    ORDER OF THE DEPARTMENT OF ADMINISTRATION
    ADOPTING EMERGENCY RULES
    The statemen t of scope for this rule, SS 137-15 , was appr oved by the Governor on December 11, 2015 , a nd published in Register No. 720A3 on December 21, 2015 , and approved by the Department of Admini stration Secretary, Scott Neitzel , effective December 31, 2015 . This emergency rule was appr oved by the Governor on April 21, 2016 .
    Finding of Emergency
    Implementation of Human Capital Management portion of PeopleSoft for the STAR Project is effective January 1, 2016. PeopleSoft will require using 2080 hours instead of 2088 hours as a full year in certain provisions of the ER rules. Additionally, 2015 Act 58 changed Wis. Stats. s. 230.26 to provide the maximum length of limited term appointments be reduced from 1043 to 1039 hours. Further, 20015 Wisconsin Act 21 changed s. 230.35 (1m) , Stats., to allow nonrepresented employees with FLSA nonexempt status to receive an annual leave schedule identical to that of FLSA nonexempt status employees covered by collective bargaining agreements. These changes are necessary to the public welfare to conform administrative rules to statutory and technological changes.
    Rule Analysis
    1. Statute s interpreted: ss. 230.26 , 230.35 (1m) and 230.04 (5) , Stats .  
    2. Statutory authority: ss. 227.11 , Stats. and 230.04 (5) , Stats.
    3. Explanation of agency authority:
    The administrator of the Division of Personnel Management is empowered to promulgate rules related to state employment.
    4. Related statute or rule: ss. 230.26 , 230.35 (1m) and 230.04 (5) , Stats .
    5. Plain language analysis:
    The objective of the rules are to conform the administrative code to statutory and technological changes . The proposed rule will do the following:
    a.
    Adjust the maximum number of hours that an LTE may work in accordance with statute.
    b.
    Adjust the amount of a hours of annual leave for nonrepresented employees with FLSA nonexempt status to receive an annual leave schedule identical to that of FLSA nonexempt status employees covered by collective bargaining agreements , in accordance with statute.
    c.
    Adjust the number of hours worked for every full time employee in conformance with the presumption of software purchased and implemented for the administration of payroll.
    6. Summary of and comparison with, existing or proposed federal regulations.
    Not applicable.
    7. Comparison with rules in adjacent states:
    Not applicable.
    8. Summary of factual data and analytical methodologies:
    Not applicable.
    9. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report:
    Not applicable.
    10. Fiscal Estimate:
    See attached, but no expected fiscal impact.
    11. Effect on small business: The proposed rule changes will have no impact upon small businesses.
    12. Agency contact person:
    Paul Ostrowski
    Division of Personnel Management
    Department of Administration
    101 E. Wilson Street, 4 th Floor
    Madison, WI 53702
    (608) 267-0343
    Paul.ostrowski@wisconsin.gov
    SECTION 1: Section ER 10.01 is amended to read :
    ER 10.01 Definition and categories of limited term appointments. The total time worked in any one position by an individual limited term employee shall not exceed 1043 1039 hours of employment during a block of time which consists of 26 consecutive biweekly payroll periods and which ends on the anniversary date of the appointment. The maximum time durations for provisional appointments are provided under s. 230.26 (2) , Stats.
    SECTION 2: Section ER 18.02(3 )( c) 1. to read :
    1. Full−time, full−year employment employees in nonexempt status under the federal Fair Labor Standards Act, 29 USC 201 to 219 . Annual leave shall be based upon accumulated continuous state service and earned at the rate for each year as shown in the following table:
    ANNUAL LEAVE RATE FOR
    FULL YEAR OF SERVICE
    Years of Service Hours Earned Each Year
    During First 5 80 104
    5+ to 10 120 144
    10+ to 15 136 160
    15+ to 20 160 184
    20+ to 25 176 200
    25 & Over 200 216
    SECTION 3 : Section ER 18.02(4 )( d) is amended to read :
    (d) The amount of annual leave earned by an employee during a calendar year is based on the employee’s hours in pay status up to a maximum of 80 hours per biweekly pay period. Annual leave is not earned during overtime work hours. Hourly annual leave amounts earned for each hour in pay status can be computed by using the following:
    ANNUAL LEAVE RATE   CONVERSION FACTOR
    80 hr. rate .038314 per hour
    104 hr. rate .050000 per hour
    120 hr. rate .057471 .057692 per hour
    136 hr. rate .065134 . 065385 per hour
    144 hr. rate .069231 per hour
    160 hr. rate .076628 .076923 per hour
    176 hr. rate .084291 .084615 per hour
    184 hr. rate .088462 per hour
    200 hr. rate .095785 .096154 per hour
    216 hr. rate .103448 .103846 per hour
    SECTION 4 : Section ER 18.02(5 )( c) is amended to read :
    (c) The number of hours available for use under pars. (a) and (b) shall be prorated at the pertinent annual leave rate or rates for employees who work less than 2088 2080 hours during the calendar year.
    SECTION 2: EFFECTIVE DATE. The rules contained in this order shall take effect as emergency rules upon publication in the official state newspaper as provided in s. 227.24(1)(c) , Stats.
    By: ________________________________   Date :_ _______________________________
    Scott Neitzel , Secretary
    Wisconsin Department of Administration