Section ER-MRS 16.04 - Kinds of reinstatement; probationary status(1) REINSTATEMENT OF PERSONS WHO PREVIOUSLY OBTAINED PERMANENT STATUS IN CLASS. (a)Reinstatement to different agency. A person who is reinstated to an agency other than the one from which the person earned reinstatement eligibility may be required by the appointing authority to serve a probationary period. If not required to serve a probationary period, the employee shall immediately attain permanent status in class. If required to serve a probationary period and during such period the employee's services are found to be unsatisfactory, the employee may be terminated from the service by the appointing authority without the right of appeal.(b)Reinstatement to a different employing unit in the same agency. A person who is reinstated to a different employing unit in the same agency from which the person earned reinstatement eligibility may be required by the appointing authority to serve a probationary period. If not required to serve a probationary period, the employee shall immediately attain permanent status in class. If required to serve a probationary period, the employee may be terminated from the service by the appointing authority during the probationary period without the right of appeal. However, if the probation is terminated without misconduct, following reinstatement as a result of layoff, the employee shall continue to have reinstatement eligibility under s. ER-MRS 22.11.(c)Reinstatement to the same employing unit. A person shall not be required to serve a probationary period when reinstated to the same employing unit from which the person earned reinstatement eligibility and shall immediately attain permanent status in the class, except that a probationary period may be required for reinstatement to a supervisory or management position in accordance with the provisions of s. 230.28(4), Stats.(2) SEPARATION DURING THE PROBATIONARY PERIOD. A person who, prior to July 1, 2016, separated from a position without misconduct or delinquency while serving a probationary period may be reinstated to a position in a class in the same pay range or counterpart pay range or in a lower class than the position from which the employee separated at any time during a 5 year period from the date of separation providing the person is qualified to perform the work after the customary orientation provided to a newly hired worker in the position. The probationary time already served may be carried over by the appointing authority, except as provided in s. 230.32(2) (b), Stats. The appointing authority shall determine the amount of carry-over at the time of the reinstatement and shall give written notice of the amount to the employee. The appointing authority shall keep a copy of that notice on file.Wis. Admin. Code Department of Administration-Division of Personnel Management; Merit Recruitment § ER-MRS 16.04
Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. (2), Register, September, 1975, No. 237, eff. 10-1-75; am. Register, February, 1981, No. 302, eff. 3-1-81; am. Register, February, 1983, No. 326, eff. 3-1-83; am. (2), Register, May, 1988, No. 389, eff. 6-1-88; am. (2), Register, December, 1999, No. 528, eff. 1-1-00; CR 04-138: am. (2) Register June 2005 No. 594, eff. 7-1-05.Amended by, CR 18-006: am. (1) (b), (c), (2) Register July 2018 No. 751, eff. 8/1/2018For movement to a position in a lower class while serving an original probationary period, see ER-MRS 17.02(1).