Wis. Admin. Code Department of Administration-Division of Personnel Management; Merit Recruitment § ER-MRS 22.06 - Procedure for making layoffs

(1) In the layoff plan submitted to the director, under s. ER-MRS 22.05, the appointing authority shall recommend the layoff group in which the layoff is to occur. The layoff group shall reflect the staffing processes followed for included positions. Full-time and part-time positions may constitute different layoff groups. The primary order of layoff is determined by job performance. Thereafter disciplinary records, seniority, and ability are factors used to determine the order of layoff action.

(2) The appointing authority will determine the order of layoff primarily based on job performance. Employees, including those on an approved leave of absence, in the layoff group, will be grouped by category of performance based on the evaluation categories established in the employee's annual performance evaluation. To determine the most appropriate category for layoff grouping, the appointing authority will use the current year and previous 4 years.

(3) Within each performance category, the employees in the layoff group shall be ranked by seniority computed on the basis of continuous service as set forth in s. ER18.02 (2) and (3), with any resulting tied cases to be ranked, relative to each other, according to their total continuous service in the approved layoff group. If, after completing this ranking, a tie still exists between 2 or more employees, continuous service of the tied employees shall be determined by age, with the oldest employee deemed to have the greatest continuous service. Disciplinary record review will consist of an employee's disciplinary records from the current and previous 4 years. An appointing authority may request the exemption of an employee from the seniority order due to the results of the disciplinary record review. Ability is applied by requesting to retain up to 20% of the employees in the layoff group who have special or superior skills as determined by the appointing authority. Remaining employees shall be laid off according to their continuous service ranking, with the employee with the least continuous service laid off first.

(4) With the agreement of the appointing authority, an employee with more continuous service in the layoff group may volunteer to be terminated from employment in lieu of the layoff of an employee with less continuous service, with the guarantee that the appointing authority will not challenge the volunteering employee's eligibility for unemployment compensation.

Notes

Wis. Admin. Code Department of Administration-Division of Personnel Management; Merit Recruitment § ER-MRS 22.06

Emerg. cr. eff. 4-25-75; cr. Register, September, 1975, No. 237, eff. 10-1-75; renum. from Pers 2.035 and am., Register, February, 1981, No. 302, eff. 3-1-81; am. (1) and (2), cr. (4), Register, February, 1983, No. 326, eff. 3-1-83; am. Register, May, 1988, No. 389, eff. 6-1-88; correction in (1) and (2) made under s. 13.93(2m) (b) 7, Stats., Register, October, 1994, No. 466; CR 04-138: am. (2) Register June 2005 No. 594, eff. 7-1-05. Amended by, correction in (1), (2) made under s. 13.92(4) (b) 6, Stats., Register September 2015 No. 717, eff.10/1/2015. Amended by, CR 18-006: am. Register July 2018 No. 751, eff. 8/1/2018