Section 16.03. Types and conditions of restoration.

 

(1)   Layoff. See s. ER-MRS 22.10 .

(2)   Return from military. An employee returning from military service shall be restored under the provisions of s. 230.32 , Stats.

(3)   Restoration in accordance with order of Wisconsin Employment Relations commission or court action. See s. 230.44 (4) , Stats. A probationary period shall not be required as a result of such restoration.

(4)   Return from serving in the unclassified service. An employee returning from an approved leave of absence to the unclassified service shall be restored under the provisions of s. 230.33 , Stats.

(5)   Restoration following non-completion of probationary period upon promotion within an agency. See s. 230.28 (1) (d) , Stats., and s. ER-MRS 14.03 (1) .

(6)   Return from approved leave without pay or summer leave.

(a) Return from approved leave without pay or summer leave shall be treated as if it were a restoration under either of the following:

1. A position at the same level is available. Except as provided in subd. 2. , upon the expiration of an approved leave of absence without pay, or sooner if the appointing authority agrees, a classified employee may return to his or her position or to a position in the same or counterpart pay range for which the employee is qualified to perform the work after being given the customary orientation provided for a newly hired worker in the position.

2. No position at the same level is available. If the position is filled while the employee is on leave or if the position has been abolished and there is no other vacant position available in the same or counterpart pay range in the agency, the employee shall be treated as if he or she had been restored to the previous position, and the provisions for making layoffs under ch. ER-MRS 22 shall apply.

(b) Effect on continuous service and sick leave upon return from leave. Approved leaves without pay shall not operate to interrupt the continuous service or cancel the unused accumulated sick leave of the absent employee.

(c) Pay upon return from leave. See s. ER 29.03 (7) or the compensation plan.

History: Cr. Register, October, 1972, No. 202 , eff. 11-1-72; am. (2) and (4), cr. (4m), (7) and (8), Register, September, 1975, No. 237 , eff. 10-1-75; am. (2), (3) and (5), r. and recr. (1), (4), (6) and (7), r. (4m) and (8), Register, February, 1981, No. 302 , eff. 3-1-81; renum. (6) to be (6) (a) (intro.), cr. (6) (a) 1., and 2., (b) and (c), Register, May, 1988, No. 389 , eff. 6-1-88; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466 ; CR 04-138 : am. (6) (c) Register June 2005 No. 594 , eff. 7-1-05.