The disabled veteran does not hold a permanent appointment or have mandatory restoration rights to a permanent appointment.
A disabled veteran appointed to a vacant position under this section need not be certified under this subchapter for appointment to the position.
If an appointing authority elects to appoint a disabled veteran to a vacant position on a noncompetitive basis under sub. (1)
, the appointing authority shall offer to interview for the position any disabled veteran who has expressed an interest to the appointing authority in applying for the position, who satisfies the condition specified in sub. (1) (a)
and who appears to have the skills and experience suitable for performing the duties and responsibilities of the position.
If an appointing authority elects to appoint a disabled veteran to a vacant position on a noncompetitive basis under sub. (1)
and the appointing authority has requested a certification for the position, the appointing authority shall offer to interview for the position any disabled veteran who is certified for appointment to the position and who satisfies the condition specified in sub. (1) (a)
Except as provided in par. (a)
, if an appointing authority elects to appoint a disabled veteran to a vacant position on a noncompetitive basis under sub. (1)
, an appointing authority is not required to interview any other person, including any person certified for appointment to the position.
Nothing in this section shall require an appointing authority to appoint a disabled veteran to a vacant position in the classified service or prohibit an appointing authority from filling a vacant position in the classified service from the list of those persons certified under this subchapter for appointment to the position.
History: 1997 a. 307
Probationary period. 230.28(1)(a)(a)
All original and all promotional appointments to permanent, sessional and seasonal positions, with the exception of those positions designated as supervisor or management under s. 111.81
, in the classified service shall be for a probationary period of 6 months, but the administrator at the request of the appointing authority and in accordance with the rules related thereto may extend any such period for a maximum of 3 additional months. Dismissal may be made at any time during such periods. Upon such dismissal, the appointing authority shall report to the administrator and to the employe removed, the dismissal and the reason therefor. The administrator may remove an employe during the employe's probationary period if the administrator finds, after giving notice and an opportunity to be heard, that such employe was appointed as a result of fraud or error.
All probationary periods for employes in supervisory or management positions are one year unless waived after 6 months under par. (c)
. The waiver under par. (c)
may be exercised for an employe in a supervisory position only if the employe has successfully completed the supervisory development program under s. 230.046 (2)
. However, persons who transfer or are reinstated to supervisory or management positions consistent with conditions under sub. (4)
and who had previously obtained permanent status in class in a supervisory or management position prior to the transfer or reinstatement shall serve a probationary period in accordance with sub. (4)
The administrator may authorize a longer probationary period not to exceed 2 years for any administrative, technical or professional position, in order to provide the appointing authority assurance that the employe has had adequate exposure to the various responsibilities which are a part of the position or classification.
At the request of an appointing authority and an employe, the administrator may authorize, at any time before the completion of the probationary period, an extended probationary period of up to one additional year for an individual with a disability, as defined in s. 111.32 (8)
, who is the employe to allow the employe to do any of the following:
Complete any necessary comprehensive or vocational rehabilitation program.
Obtain or adapt to special modifications made to the employe's workplace to accommodate the employe's disability.
Achieve the knowledge, skills and abilities to competently perform the required tasks for the position for which the employe is appointed.
The appointing authority shall waive any remaining portion of the extended probationary period if the reasons for extending the probationary period are met.
Upon request by the appointing authority, the administrator may waive any portion of the lengthened probationary period but in no case before a 6-month probationary period has been served.
A promotion or other change in job status within an agency shall not affect the permanent status in class and rights, previously acquired by an employe within such agency. An employe demoted under s. 230.34 (1)
shall not retain the permanent status in class previously acquired in the classification from which demoted.
A probationary employe's supervisor shall complete a performance evaluation under s. 230.37
of the employe's work. The evaluation shall be in writing and shall indicate whether or not the employe's services have been satisfactory and whether or not the employe will be retained in his or her position. A copy of the evaluation shall be given to the employe at a reasonable time before the completion of the employe's probation. An employe shall gain permanent status unless terminated by the appointing authority prior to the completion of his or her probationary period.
If an employe is removed from a position during the probationary period, and the administrator determines that the person is suitable for appointment to another position, the person's name may be restored to the list from which it was certified.
A person reinstated in an employing unit other than one in which the person previously served in permanent status in the class in which the person is being reinstated, or an employe who transfers from one employing unit to another or an employe who moves to a different employing unit in conjunction with a voluntary demotion, may be required by the appointing authority to serve a probationary period. Provisions for the duration of such probationary period shall be provided in the rules of the administrator.
An employe whose position is classified as "trainee" shall be on a probationary period for the duration of the training program and may be separated during that period without the right of appeal, at the discretion of the appointing authority. Upon qualifying for the objective classification, the employe shall serve a probationary period as specified in sub. (1)
A person with a right of restoration resulting from layoff under s. 230.34 (2)
who competes for promotion to a position under s. 230.19 (3)
and is appointed shall serve a probationary period under sub. (1)
. If the appointing authority terminates the employe during the probationary period, the person shall return to his or her former layoff status.
See note to art. I, sec. 1, citing DH&SS v. State Personnel Board, 84 W (2d) 675, 267 NW (2d) 644 (1978).
See note to 230.44, citing Board of Regents v. Wisconsin Pers. Comm. 103 W (2d) 545, 309 NW (2d) 366 (1981).
Subject to sub. (2)
, a transfer may be made from one position to another only if specifically authorized by the administrator.
This section does not apply to an employe of the University of Wisconsin Hospitals and Clinics Board.
History: 1971 c. 270
; 1977 c. 196
, 130 (5)
; Stats. 1977 s. 230.29; 1995 a. 27
Employing units; establishment and revision. 230.30(1)(1)
Each agency shall constitute an employing unit for purposes of personnel transactions, except where appropriate functional, organizational or geographic breakdowns exist within the agency and except as provided in sub. (2)
. These breakdowns may constitute a separate employing unit for one or more types of personnel transactions under an overall employing unit plan if requested by the appointing authority of that agency and approved by the administrator. If the administrator determines, after conferring with the appointing authority of the employing agency, that an employing unit is or has become inappropriate to carry out sound personnel management practices due to factors including, but not limited to, the size or isolated location of portions of the employing unit, the administrator may revise the employing unit structure of the agency to effect the remedy required.
The division of gaming in the department of administration shall constitute a separate employing unit for purposes of personnel transactions.
History: 1979 c. 221
; 1997 a. 27
Restoration of employment and reinstatement privileges. 230.31(1)(1)
Any person who has held a position and obtained permanent status in a class under the civil service law and rules and who has separated from the service without any delinquency or misconduct on his or her part but owing to reasons of economy or otherwise shall be granted the following considerations:
For a 5-year period from the date of separation, the person shall be eligible for reinstatement in a position having a comparable or lower pay rate or range for which such person is qualified.
For a 3-year period from the date of separation, if on layoff status, the person shall be placed, in inverse order of layoff, on an appropriate mandatory restoration register for the unit used for layoff and on a restoration register for the agency from which the person was laid off. Use of such registers shall be subject to the rules of the administrator.
The administrator may also provide for the reinstatement of persons who have served in seasonal and sessional employment and for persons who separate from a position while serving a probationary period.
History: 1971 c. 270
; Stats. 1971 s. 16.25; 1977 c. 196
, 130 (5)
; 1977 c. 273
; Stats. 1977 s. 230.31; 1979 c. 32
; 1981 c. 140
; 1997 a. 307
Restoration after military leave. 230.32(1)
Any classified employe of this state, except a limited term employe, who enlists, is ordered or is inducted into active service in the armed forces of the United States or who is requested to work for the federal government during a national emergency or a limited national emergency, shall be restored to the same or similar position in the classified service and his or her employment shall be deemed not to have been interrupted by such leave except for the receipt of pay or other compensation, accumulation of sick leave and accumulation of vacation for the period of such absence and the employe shall be given all the benefits of seniority, status, pay, pay advancement, performance awards and pension rights under ch. 40
as though the state employment was continuous, if:
The employe presents to the appointing authority a certificate or other evidence that he or she has satisfactorily completed the period of training or service, and discharge is other than dishonorable or other than by reason of the sentence of a general court martial, or other than on the ground of being a conscientious objector who refused to perform military duty or refused to wear the uniform or otherwise to comply with lawful orders of competent military authorities, or other than as a deserter or of an officer by the acceptance of a resignation for the good of the service.
The period of service is not more than 4 years unless involuntarily retained for a longer period.
The employe is still qualified to perform the duties of such position.
The employe makes application for restoration within 180 days after release from such training or services, or hospitalization continuing after discharge because of injuries or sickness resulting from such training or service.
The circumstances of the employing agency have not changed so as to make it impossible or unreasonable to so restore such employe.
Any employe with permanent status in class who leaves state service for the reasons specified in this section and who has used the yearly vacation in anticipation of a full year's employment is presumed not to have interrupted employment as far as vacation pay is concerned, and any portion of the vacation for which the employe was paid which is unearned at the time of being called to duty may be made up upon return to state service. If the employe does not return to the state service, the employe shall within 2 years after termination of leave repay the state the amount not earned. The application of this provision is retroactive to all state employes called to active duty under P.L. 87-117
(10 USC 263
Any classified employe who was serving the probationary period, except in the capacity of a substitute, when he or she left state service shall, under this section, be restored to that point of service in the probationary period as though state employment had not been so interrupted.
Any classified employe who had attained restoration rights as a seasonal employe when he or she left state service shall, under this section, be restored to such seasonal position or eligibility as though the service or eligibility had not been so interrupted.
Any classified employe who leaves state service and enters the armed forces of the United States shall, under this section, be granted written military leave of absence by the appointing authority. Notice of such leave from state service and the terms of any such leave shall be given in writing by the appointing authority to the secretary for purposes of record.
Any classified employe who leaves state service for civilian employment in response to a specific request or order of the federal government or any of its agencies in connection with manpower redistribution and utilization shall, under this section, make written application to the appointing authority for civilian leave of absence presenting such specific request or order of the federal government as supporting evidence. Such civilian leave shall be allowed by the appointing authority and its terms, which shall conform to the rules of the secretary, shall be in writing. Notice of such leave from state service shall be made in writing by the appointing authority to the secretary for purposes of record.
All such military or civilian leaves of absence as heretofore may have been granted are validated and shall be deemed to be sufficient and effective hereunder. Such leaves shall be recorded with the secretary.
Any person appointed to fill the position of an employe on such military or civilian leave shall be designated as a substitute or replacement employe and upon the return and reemployment of the original employe the substitute employe shall be transferred to a similar position with the same employing agency if one is available, or if not, he or she shall be eligible for reinstatement or have the right of restoration in accordance with this subchapter and the rules of the administrator. The status of any person who is appointed to fill the place of an employe on military or civilian leave under this section shall be governed by the rules of the administrator pursuant thereto.
The restoration of classified former employes of the state shall be governed by this section and by the rules of the administrator.
Any classified employe on June 5, 1953, who entered the service of the United States in civilian war emergency employment on or after January 1, 1942, and who was not at the time of such entry an employe of the state, and who on November 16, 1946, in accordance with P.L. 79-549
was transferred to the service of this state shall have such seniority rights as though having been a member of the classified service of the state during the period of employment in the service of the United States.
History: 1971 c. 270
; Stats. 1971 s. 16.26; 1977 c. 196
, 130 (5)
; 1977 c. 273
; 1977 c. 418
s. 924 (13m)
; Stats. 1977 s. 230.32; 1981 c. 96
; 1981 c. 140
; 1983 a. 27
s. 2200 (15)
Leave of absence and pay while serving in unclassified position.
Employes who have completed an original appointment probationary period in the classified service and are appointed to a position in the unclassified service shall be subject to the following provisions relative to leave of absence, restoration rights, reinstatement privileges and pay:
A person appointed by the governor, elected officer, judicial body or by a legislative body or committee, or by any other appointing authority when both the classified and unclassified positions are within his or her department, shall be granted a leave of absence without pay for the duration of the appointment and for 3 months thereafter, during which time the person has restoration rights to the former position or equivalent position in the department in which last employed without loss of seniority. The person shall also have reinstatement privileges for 5 years following appointment to the unclassified service or for one year after termination of the unclassified appointment whichever is longer. Restoration rights and reinstatement privileges shall be forfeited if the reason for termination of the unclassified appointment would also be reason for discharge from the former position in the classified service.
A person appointed to an unclassified position by an appointing authority other than an elected officer, judicial body, legislative body or committee, to a department other than the one in which the person was a classified employe may be granted a leave of absence without pay at the option of the person's former appointing authority in accordance with the leave of absence provisions in the rules of the secretary. An employe granted a leave of absence shall have the same restoration rights and reinstatement privileges as under sub. (1)
. If not granted a leave of absence, the employe shall be entitled only to the reinstatement privileges under sub. (1)
Except for 3 sales representatives of prison industries and one sales manager of prison industries identified under s. 303.01 (10)
, an employe appointed to a position in the unclassified service from the classified service shall be entitled to receive at least the same pay received in the classified position while serving in such unclassified position.
This section shall supersede any provision of law in conflict therewith but shall not diminish the rights and privileges of employes appointed to the unclassified service from the classified service prior to April 30, 1972.
Rights of unclassified division administrators.
If any employe in a classified position of division administrator is made unclassified under chapter 196, laws of 1977
, and if the incumbent division administrator is not thereafter appointed to such position, or if the incumbent is hired and subsequently terminated for any reason except just cause, the incumbent division administrator shall have appointment rights, including bumping if necessary, to a comparable or lower level position which is within the agency wherein the division administrator position is located. The incumbent shall have 90 days after notice of termination to exercise such appointment rights.
History: 1977 c. 196
Rights of employes: corrections or parole. 230.337(1)(1)
Except as provided in sub. (2)
, if the position of any employe who serves in a classified position in the department of health and family services on January 1, 1990, is transferred and is unclassified under 1989 Wisconsin Act 31
, and if the incumbent to the position is not thereafter appointed to the unclassified position, or if the incumbent is appointed to the unclassified position and subsequently terminated for any reason except just cause, the incumbent shall have restoration rights and reinstatement privileges, including the right of displacement if necessary, to a position having a comparable or lower pay rate or range for which the person is qualified in the department of corrections or the division of hearings and appeals in the department of administration. In case of termination, the incumbent shall have 90 days after notice of termination to exercise the rights and privileges.
If any incumbent member of the parole board in the office of the secretary of health and family services on January 1, 1990, in a classified position is not appointed to the parole commission created by 1989 Wisconsin Act 31
, or if the incumbent member is appointed to the commission and subsequently terminated for any reason except just cause, the incumbent member shall have restoration rights and reinstatement privileges, including the right of displacement if necessary, to a position having a comparable or lower pay rate or range for which the person is qualified which is within the department of corrections, as created by 1989 Wisconsin Act 31
, or the department of health and family services. In the case of termination, the incumbent shall have 90 days after notice of termination to exercise the rights and privileges. The rights and privileges granted under this subsection are subject to the terms of any collective bargaining agreement that covers the incumbent parole board members.
History: 1989 a. 31
; 1995 a. 27
s. 9126 (19)
Demotion, suspension, discharge and layoff. 230.34(1)(a)(a)
An employe with permanent status in class or an employe who has served with the state or a county, or both, as an assistant district attorney for a continuous period of 12 months or more may be removed, suspended without pay, discharged, reduced in base pay or demoted only for just cause.
If an employe fails to report for work as scheduled or to contact his or her supervisor, the appointing authority may discipline the employe. If an employe fails to report for work as scheduled, or to contact his or her supervisor for a minimum of 5 consecutive working days, the appointing authority shall consider the employe's position abandoned and may discipline the employe or treat the employe as having resigned his or her position. If the appointing authority decides to treat the position abandonment as a resignation, the appointing authority shall notify the employe in writing that the employe is being treated as having effectively resigned as of the end of the last day worked.
(ar) Paragraphs (a)
apply to all employes with permanent status in class in the classified service and all employes who have served with the state or a county, or both, as an assistant district attorney for a continuous period of 12 months or more, except that for employes specified in s. 111.81 (7) (a)
in a collective bargaining unit for which a representative is recognized or certified, or for employes specified in s. 111.81 (7) (b)
in a collective bargaining unit for which a representative is certified, if a collective bargaining agreement is in effect covering employes in the collective bargaining unit, the determination of just cause and all aspects of the appeal procedure shall be governed by the provisions of the collective bargaining agreement.
No suspension without pay shall be effective for more than 30 days. The appointing authority shall, at the time of any action under this section, furnish to the employe in writing the reasons for the action.
The secretary shall establish guidelines for uniform application of this authority among the various agencies.
Employes with permanent status in class in permanent, sessional and seasonal positions in the classified service and employes serving a probationary period in such positions after promotion or transfer may be laid off because of a reduction in force due to a stoppage or lack of work or funds or owing to material changes in duties or organization but only after all original appointment probationary and limited term employes in the classes used for layoff, are terminated.
The order of layoff of such employes may be determined by seniority or performance or a combination thereof or by other factors.
The administrator shall promulgate rules governing layoffs and appeals therefrom and alternative procedures in lieu of layoff to include voluntary and involuntary demotion and the exercise of a displacing right to a comparable or lower class, as well as the subsequent employe right of restoration or eligibility for reinstatement.
Employes in positions funded by nonstate funds made available contingent on special employe eligibility requirements such as length of prior unemployment, specific occupational disadvantages or need for remedial work experience, shall be exempt from inclusion with the employes whose positions are in classes considered for layoff under sub. (2)
. In the case of reduction in force in such nonstate funded positions, layoffs and layoff procedures established pursuant to the rules of the administrator may be limited to employes whose positions are dependent upon specific funding contingencies.
The appointing authority shall confer with the administrator relative to a proposed layoff a reasonable time before the effective date thereof in order to assure compliance with the rules.
Resignations shall be regulated by the rules of the secretary.
On an appeal from discharge the appointing officer has the burden of persuasion that the discharge was for a just cause and the facts must be established to a reasonable certainty by the greater weight or clear preponderance of the evidence. Reinke v. Personnel Board, 53 W (2d) 123, 191 NW (2d) 833.