period an employee is absent from work due to injury from state employment and
is awaiting a determination under ch. 102, Stats., the employee personally or
through his or her representative may elect to:
(a) Use accrued paid leave credits, e.g.,
sick leave, vacation, holiday, compensatory time, to cover the absence from
work and consequent loss of earnings, or
(b) Request leave without pay and await
payment of worker's compensation.
(2) The employee shall give written
notification to the employing agency of the elected manner of coverage for such
absence before the end of the pay period in which the absence occurs. If the
employee fails to specify how the absence should be covered, the absence shall
be charged against the available leave options as determined by the agency,
which may be later amended upon the employee's request.
In instances where accrued leave with pay
credits have been used to cover an absence which is later found compensable,
the appointing authority shall, if requested by the employee, provide leave
without pay on a day for day basis, with such leave to be taken in accordance
(4) If the employee elects to await worker's
compensation and the claim is later found non-compensable, accrued leave with
pay credits may be used for the absence.
An employee may elect to use accrued paid
leave credits to supplement worker's compensation benefits under ch. 102,
Stats., to the extent that the employee shall receive the equivalent of the
employee's base pay as defined under s.
. Notice of such election by
the employee shall be reported in the same manner provided for in sub.
Wis. Admin. Code
Office of State Employment Relations
Cr. Register, October,
1972, No. 202, eff. 11-1-72; am. (1) (b), (4) and (5), Register, December,
1976, No. 252, eff. 1-1-77; am. (1) (intro.) and (a), (2), (3) and (5),
Register, February, 1981, No. 302, eff. 3-1-81; renum. from ER-Pers 28.02 and
am. (2) and (5); correction in (3) made under s. 13.93(2m) (b) 7, Stats.,
Register, October, 1994, No. 466.