This policy was a part of the former UPS Policy set that was integrated into the System Administrative Policy set. It applies to all University of Wisconsin institutions except for UW-Madison. For UW-Madison’s policies, please see the Human Resource Design Policies website.
Original Issuance Date: July 1, 2015
Last Revision Date:
1. Policy Purpose
The purpose of this policy is to establish a procedure that allows UW System employees holding positions in the classified service on June 30, 2015, to retain the reinstatement privileges that they had under Wis. Stat. § 230.31(1), which provides that employees are eligible for reinstatement to classified service positions in state agencies for a five-year period.
2. Policy Background
Under Wis. Stat. § 36.115(6), employees holding positions in the classified service on June 30, 2015, who have achieved permanent status on that date, shall retain reinstatement privileges to the classified service. Under Wis. Stat. § 230.31(1), employees and former employees who have separated from state service are for a five-year period eligible for permissive reinstatement in a position in the classified service having a comparable or lower pay rate or range for which those employees are qualified.
3. Policy Definitions
Please see SYS 1225, General Terms and Definitions, for a list of general terms and definitions.
Definitions specific to this policy:
Reinstatement means the act of permissive re-appointment without competition of an employee or former employee to a state agency position for which the person is qualified to perform the work after the customary orientation provided to newly hired workers in the position.
University staff are members of the university workforce who contribute in a broad array of positions in support of the University’s mission and are not exempt (hourly) from the overtime provisions of the Fair Labor Standards Act (FLSA).
[Note: All FLSA exempt employees holding positions in the State of Wisconsin “classified” service as of June 30, 2015 are given the choice to remain in the university staff for as long as they retain their existing positions, or to voluntarily be reassigned to a position that the institution has designated as either an academic staff or limited appointment position – see SYS 1287, Voluntary Reassignment]
4. Policy
This policy applies to former classified staff who were employed by a UW System institution on June 30, 2015, and became university staff or academic staff on or after July 1, 2015. Under Wis. Stat. § 36.115(6), employees holding positions in the classified service on June 30, 2015, who had permanent status on that date, retain the privilege of having permissive reinstatement to the classified service. Since reinstatement privileges are retained for five years, employees who held classified positions on June 30, 2015 will retain eligibility for permissive reinstatement to classified service positions in state agencies until July 1, 2020. In those instances where an employee has eligibility for reinstatement, the State agency’s appointing action is permissive. Employees who held positions in the classified service on June 30, 2015, who had not achieved permanent status on that date are eligible to receive the reinstatement privileges under Wis. Stat. § 230.31(1) for the five-year period starting on July 1, 2015, if they successfully completed the probationary period required for the position held on June 30, 2015.
5. Related Documents
Wis. Stat. § 36.115, University Personnel Systems
Wis. Stat. Chapter 230, State Employment Relations
Wis. Admin. Code Chapter ER-MRS 16, Reinstatement and Restoration