230.33 Leave of absence and pay while serving in unclassified position. Employees 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:
(1) A person appointed to an unclassified position by the governor, elected officer, judicial body or by a legislative body or committee 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 in a classified position 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.
(1m) A person appointed to an unclassified position by an appointing authority other than an appointing authority described under sub. (1), when both the classified and unclassified positions are within the appointing authority's 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 in a classified position 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.
(2) A person appointed to an unclassified position by an appointing authority other than an appointing authority described under sub. (1), to a department other than the one in which the person was a classified employee 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 administrator. An employee granted a leave of absence shall have the same restoration rights and reinstatement privileges as under sub. (1m). If not granted a leave of absence, the employee shall be entitled only to the reinstatement privileges under sub. (1m).
(3) Except for 3 sales representatives of prison industries and one sales manager of prison industries identified under s. 303.01 (10), an employee 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.
(4) This section shall supersede any provision of law in conflict therewith but shall not diminish the rights and privileges of employees appointed to the unclassified service from the classified service prior to April 30, 1972.
History: 1971 c. 270 s. 69; Stats. 1971 s. 16.27; 1973 c. 12; 1975 c. 189, 421; 1977 c. 196 ss. 56, 130 (5); 1977 c. 273; Stats. 1977 s. 230.33; 1983 a. 27 s. 2200 (15); 1991 a. 269; 1997 a. 307; 1999 a. 102; 2003 a. 33; 2015 a. 55.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 230 - State employment relations.
230.02 - Liberal construction of statutes.
230.04 - Powers and duties of the administrator.
230.042 - Wisconsin veterans employment initiative.
230.047 - Temporary interchange of employees.
230.05 - Powers and duties of the director.
230.06 - Powers and duties of appointing authorities.
230.08 - Classification of civil service.
230.10 - Compensation plan coverage.
230.143 - Appointment; selective service registration.
230.147 - Employment of aid recipients.
230.148 - Unclassified service reappointments.
230.15 - Appointments, promotions, changes in classified service.
230.16 - Applications and selection processes.
230.17 - Applicants and eligibles may be barred; bonds may be required.
230.18 - Discrimination prohibited.
230.21 - Unskilled labor and critical recruitment selection.
230.213 - Affirmative action procedures for corrections positions.
230.215 - Part-time employment and flexible-time schedules.
230.22 - Entry professional selection.
230.24 - Career executive selection.
230.25 - Certification, appointments and registers.
230.26 - Limited term appointments.
230.275 - Noncompetitive appointment of certain disabled veterans.
230.30 - Employing units; establishment and revision.
230.31 - Restoration of employment and reinstatement privileges.
230.32 - Restoration after military leave.
230.33 - Leave of absence and pay while serving in unclassified position.
230.335 - Rights of unclassified division administrators.
230.337 - Rights of employees: corrections or parole.
230.339 - Rights of certain employees of the department of safety and professional services.
230.34 - Demotion, suspension, discharge and layoff.
230.35 - State office hours; standard workweek; leaves of absence; holidays.
230.36 - Hazardous employment, injuries, pay continued.
230.37 - Standards of performance and ratings.
230.40 - Political activities; public office.
230.41 - Invalid appointments.
230.43 - Misdemeanors; how punished.
230.445 - Grievance process for demotion, suspension, discharge, layoff, or reduction in base pay.
230.45 - Powers and duties of commission and division of equal rights.
230.46 - Duties of council on affirmative action.
230.48 - State employees suggestion board.
230.82 - Processing of information.
230.83 - Retaliatory action prohibited.
230.86 - Discipline based on surveillance.