Wis. Admin. Code Department of Administration-Division of Personnel Management; Merit Recruitment § ER-MRS 17.04 - Kinds of demotion; status and rights

Current through November 29, 2021

(1) DEMOTION FOR DISCIPLINARY PURPOSES. An appointing authority may demote an employee for disciplinary purposes as provided in s. 230.34(1), Stats.
(a) The demotion may be to any position within the agency regardless of employing unit; and the employee may appeal the demotion as provided under s. 230.44, Stats.
(b) An employee demoted for disciplinary purposes does not retain permanent status in class previously acquired in the higher class, nor does the employee retain reinstatement eligibility to the higher class. The employee does attain permanent status in class in the class to which the employee is demoted. No probationary period is required for an employee demoted for disciplinary purposes.
(2) DEMOTION AS RESULT OF LAYOFF. See s. ER-MRS 22.08(2).
(3) VOLUNTARY DEMOTION WITHIN AN AGENCY. An employee may request and with approval of the appointing authority be voluntarily demoted within the agency either to a position in the same employing unit, or to a position in a different employing unit. The employee's request, the appointing authority's response, and the employee's acceptance of the demotion shall be in writing. The appointing authority shall place a copy of the employee's acceptance in the employee's personnel file.
(a) The employee shall have no restoration rights to the previously held position or class.
(b) If the voluntary demotion is to a position in the same employing unit no probationary period for employment in the lower class may be required, except that a probationary period shall be required upon a voluntary demotion to a trainee position and a probationary period may be required upon voluntary demotion to a supervisory or management position in accordance with the provisions of s. 230.28(4), Stats. If the employee is not required to serve a probationary period, the employee immediately attains permanent status in class in the class to which voluntarily demoted.
(c) If the voluntary demotion is to a position in a different employing unit, the employee may be required by the appointing authority to serve a probationary period, except that a probationary period shall be required upon voluntary demotion to a trainee position. If the employee is not required to serve a probationary period, the employee immediately attains permanent status in class in the class to which voluntarily demoted.
(d) If an employee is required to serve a probationary period under par. (b) or (c), the employee may be removed from the position during the probationary period by the appointing authority without the right of appeal and shall be involuntarily transferred to a different position for which the employee is qualified in the same or counterpart pay range or pay rate at the discretion of the appointing authority.
(4) VOLUNTARY DEMOTION BETWEEN AGENCIES. An employee may request and, with approval of the appointing authority of the receiving agency, may accept a voluntary demotion between agencies. The appointing authority shall place a copy of the employee's written acceptance of such voluntary demotion in the employee's personnel file.
(a) The employee shall have no rights to the previously held position or class.
(b) An employee demoted under this section may be required by the appointing authority to serve a probationary period. A probationary period shall be required for demotion to any position identified in s. ER-MRS 13.02(1). During the probationary period, the employee may be separated from the service without the right of appeal. If the employee is not required to serve a probationary period, the employee immediately attains permanent status in class in the class to which demoted.

Note: For pay on voluntary demotion or demotion for disciplinary purposes see s. ER 29.03(8) or the compensation plan.

(c) For provisions relating to the return of an employee to the former class of position, see ch. ER-MRS 16.

Notes

Wis. Admin. Code Department of Administration-Division of Personnel Management; Merit Recruitment § ER-MRS 17.04
Cr. Register, October, 1972, No. 202, eff. 11-1-72; am. (1), (3) (intro.), (b) and (c), r. and recr. (2), (3) (a), r. (3) (d) and (4), renum. (5) to be (4) and am. (intro.), (b) and (c) and r. and recr. (a), Register, February, 1981, No. 302, eff. 3-1-81; am. (1) (b), (2), (3) and (4) (b), cr. (3) (d), Register, February, 1983, No. 326, eff. 3-1-83; am. (3) (intro.) and (4) (b), 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. (3) (intro.) and (4) intro. Register June 2005 No. 594, eff. 7-1-05. Amended by, CR 18-006: am. (3) (b), (d), (4) (a) Register July 2018 No. 751, eff. 8/1/2018

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