Section ER 18.04 - Holidays(1) EMPLOYEES WHO EARN HOLIDAYS. All employees except limited term employees earn holidays under this section. Special provisions for specific classifications may be provided in the compensation plan.(2) Compensatory time. (a) Employees shall receive equivalent time off when the legal holiday falls on the employee's regularly scheduled day off.(b) Subject to subds.1. to 5., employees shall receive compensatory time off at a rate of one and one-half times the number of hours worked, or a cash payment at a rate of one and one-half times the employee's regular rate for each hour the employee is assigned to work on a holiday enumerated in s. 230.35(4) (a) 1 to 9., Stats. In addition, such working employee also receives the holiday off at a later date. 1. Regular rate is defined in the compensation plan established under s. 230.12(6), Stats.2. Compensatory time off shall be scheduled at the discretion of the appointing authority.3. The amount of compensatory time, recorded at the one and one-half rate specified under par. (b) that is not scheduled and used within the calendar year, shall be paid in cash at the employee's current regular rate in accordance with the compensation plan. Any such payment shall be made prior to the administrative date for compensation adjustments established under s. 230.12(8), Stats.4. Pursuant to Article IV, Section 26 of the Wisconsin Constitution and s. 20.923(16), Stats., fixed term employees and employees in positions included under s. 20.923(4) and (8) to (12), Stats., are ineligible for extra compensation for work performed on a holiday.5. Compensatory time off shall not be used until after the holiday during which it has accrued occurs. Prospective use of compensatory time off shall not be permitted.(3) ELIGIBILITY FOR LEGAL HOLIDAYS.(a) For the purposes of this subsection, "scheduled work day" for an employee on a leave of absence without pay means the day the employee would have been scheduled to work had the employee been in pay status.(b) To be eligible for any legal holiday with pay, a person must be in employment status on the holiday and do at least one of the following: 2. Be in pay status on the last scheduled work day immediately preceding the holiday; or3. Be in pay status on the first scheduled work day immediately following the holiday.(c) Employees who are regularly employed for less than 80 hours per biweekly pay period on a continuing basis shall be granted a prorated amount of legal holidays consistent with the employee's regularly scheduled hours per pay period at the time the holiday occurs.(4) PERSONAL HOLIDAYS.(a) Employees who are regularly employed for less than 80 hours per biweekly pay period on a continuing basis shall be granted a prorated amount of paid personal holiday time consistent with the employee's regularly scheduled hours per pay period at the time the holiday is taken.(b) Upon termination, payment for any unused personal holidays shall be made in the same manner as provided for annual leave under s. ER 18.02(9).(c) Personal holidays shall be used prior to the end of the calendar year, except as provided under s. 230.35(4) (d) 4, Stats., and s. ER 18.15(4) (f).(d) If an employee moves between permanent or unclassified appointments and project appointments during a calendar year, the total number of personal holidays earned in the calendar year shall not exceed four and one-half days.Wis. Admin. Code Department of Administration-Division of Personnel Management ER 18.04
Renum. from ER-Pers 18.07, cr. (1), (2) (b) 4. and 5., (3) and (4) (c), Register, May, 1988, No. 389, eff. 6-1-88; correction in (2) (b) made under s. 13.93(2m) (b) 7, Stats., Register, October, 1994, No. 466; am. (2), Register, June, 1997, No. 498, eff. 7-1-97; am. (4) (c), Register, March, 1998, No. 507, eff. 4-1-98; cr. (4) (d), Register, December, 1999, No. 528, eff. 1-1-00; CR 04-139: am. (4) (d) Register June 2005 No. 594, eff. 7-1-05.Amended by, correction in (2) (b) 4. under s. 13.92(4) (b) 7, Stats., Register September 2015 No. 717, eff.10/1/2015.Amended by, Correction in (2) (b) 4. under s. 13.92(4) (b) 7, Stats., Register September 2015 No. 717; CR 18-006: am. (1), (2) (b) 3. Register July 2018 No. 751, eff. 8/1/2018See s. 230.35(4) (d), Stats.