230.35 State office hours; standard workweek; leaves of absence; holidays.

787 words·~4 min read·/wi/chapter-230/230-35-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Except as provided in subs.

(1m),

(1r), and

(1s)and the compensation plan under s. 230.12 , appointing authorities shall grant to each person in their employ, except employees excluded from coverage under this subsection by the department by rule and limited-term employees, based on accumulated continuous state service, annual leave of absence without loss of pay at the rate of:

1. One hundred four hours each year for a full year of service during the first 5 years of service;

2. One hundred forty-four hours each year for a full year of service during the next 5 years of service;

2m. One hundred sixty hours each year for a full year of service during the next 5 years of service;

3. One hundred eighty-four hours each year for a full year of service during the next 5 years of service;

3m. Two hundred hours each year for a full year of service during the next 5 years of service;

4. Two hundred sixteen hours each year for a full year of service after 25 years of service.

(b)An employee, with the approval of his or her appointing authority, may anticipate the annual leave which he or she could earn during the current calendar year, except that no employee shall be eligible to take annual leave until he or she has completed the first 6 months of a probationary period for an original appointment unless the employee uses annual leave that he or she accrued while serving in an unclassified position.

(c)When the rate of annual leave changes during the 5th, 10th, 15th, 20th or 25th calendar year, the annual leave for that year shall be prorated.

(d)Annual leaves of absence shall not be cumulative except under sub.

(1p)and except that unused annual leave shall, subject to the rules of the administrator, be used in the year following the one in which it was earned, but no employee shall lose any unused annual leave because the employee’s work responsibilities prevented the usage of the unused annual leave during the first 6 months of the year following the year in which it was earned.

(e)Permanent classified employees, permanent part-time employees and seasonal employees with permanent seasonal status in class who are regularly employed for less than 12 months out of a year shall be granted proportional annual leave consistent with par.

(a). These employees, with the approval of their appointing authority, may anticipate the vacation which they will earn during their current period of employment.

(f)An employee under this subsection earns annual leave any time he or she is on temporary layoff for a period not to exceed 20 working days.

(g)The continuous service of an employee eligible for annual leave shall not be considered interrupted if the employee either:

1. Was on an approved leave of absence, including but not limited to military leave, leave to serve in the unclassified service, leave to participate in providing specialized disaster relief services, leave for absence due to injury or illness arising out of state employment and covered by ch. 102 ; or

2. Left the service through resignation or layoff and is reemployed or recalled within 5 years.

(gm)Each employee of the state on October 17, 1971 shall be granted credit towards accumulated continuous service for all service in Wisconsin as a national guard technician which has not been credited under any other provision of this section.

(h)The length of time between an employee’s resignation and reemployment under par.

(g)2. shall not be counted in computing years of continuous service under this subsection. Employees subject to par.

(e)shall be deemed to have completed one full year of service for each such seasonal, sessional or other part-time annual period of service in computing years of continuous service under this subsection.

(j)The appointing authority shall respect the wishes of the eligible employees as to the time of taking their annual leave insofar as the needs of the service will permit.

(m)Payment for any unused authorized leave to which an employee is entitled upon termination, shall be made in a separate and distinct amount.

(bt)Except as otherwise provided in the compensation plan under s. 230.12 , an employee who is not subject to the minimum wage and overtime requirements under the federal Fair Labor Standards Act, 29 USC 201 to 219 , shall be entitled to annual leave of absence without loss of pay based upon accumulated continuous state service at the rate of:

1. 120 hours each year for a full year of service during the first 5 years of service;