Wisconsin Statutes 230.28 – Probationary period
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Terms Used In Wisconsin Statutes 230.28
- Agency: means any board, commission, committee, council, or department in state government or a unit thereof created by the constitution or statutes if such board, commission, committee, council, department, unit, or the head thereof, is authorized to appoint subordinate staff by the constitution or statute, except the Board of Regents of the University of Wisconsin System, a legislative or judicial board, commission, committee, council, department, or unit thereof or an authority created under subch. See Wisconsin Statutes 230.03
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- appointing authority: means the chief administrative officer of an agency unless another person is authorized to appoint subordinate staff in the agency by the constitution or statutes. See Wisconsin Statutes 230.03
- Classified service: means the classified service of the civil service. See Wisconsin Statutes 230.03
- Director: means the director of the bureau. See Wisconsin Statutes 230.03
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Fraud: Intentional deception resulting in injury to another.
- in writing: includes any representation of words, letters, symbols or figures. See Wisconsin Statutes 990.01
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Position: means a group of duties and responsibilities in either the classified or the unclassified divisions of the civil service, which require the services of an employee on a part-time or full-time basis. See Wisconsin Statutes 230.03
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Year: means a calendar year, unless otherwise expressed; "year" alone means "year of our Lord". See Wisconsin Statutes 990.01
(1)
(a) All original and all promotional appointments to permanent, sessional and seasonal positions, with the exception of those positions designated as supervisor or management under s. 111.81, in the classified service shall be for a probationary period of one year, but the director at the request of the appointing authority may extend any such period for a maximum of 12 additional months. Dismissal may be made at any time during such periods. Upon such dismissal, the appointing authority shall report to the director and to the employee removed, the dismissal and the reason therefor. The director may remove an employee during the employee’s probationary period if the director finds, after giving notice and an opportunity to be heard, that such employee was appointed as a result of fraud or error.
(am) All probationary periods for employees in supervisory or management positions are one year, but the director at the request of the appointing authority may extend any such period for a maximum of 12 additional months. However, persons who transfer or are reinstated to supervisory or management positions consistent with conditions under sub. (4) and who had previously obtained permanent status in class in a supervisory or management position prior to the transfer or reinstatement shall serve a probationary period in accordance with sub. (4).
(b) The director may authorize a longer probationary period not to exceed 2 years for any administrative, technical or professional position, in order to provide the appointing authority assurance that the employee has had adequate exposure to the various responsibilities which are a part of the position or classification.
(bm) At the request of an appointing authority and an employee, the director may authorize, at any time before the completion of the probationary period, an extended probationary period of up to one additional year for an individual with a disability, as defined in s. 111.32 (8), who is the employee to allow the employee to do any of the following:
1. Complete any necessary comprehensive or vocational rehabilitation program.
2. Obtain or adapt to special modifications made to the employee’s workplace to accommodate the employee’s disability.
3. Achieve the knowledge, skills and abilities to competently perform the required tasks for the position for which the employee is appointed.
(bn) The appointing authority shall waive any remaining portion of the extended probationary period if the reasons for extending the probationary period are met.
(c) Upon request by the appointing authority, the director may waive any portion of a lengthened probationary period but in no case before a one-year probationary period has been served.
(d) A promotion or other change in job status within an agency shall not affect the permanent status in class and rights, previously acquired by an employee within such agency. An employee demoted under s. 230.34 (1) shall not retain the permanent status in class previously acquired in the classification from which demoted.
(2) A probationary employee’s supervisor shall complete a performance evaluation under s. 230.37 of the employee’s work. The evaluation shall be in writing and shall indicate whether or not the employee’s services have been satisfactory and whether or not the employee will be retained in his or her position. A copy of the evaluation shall be given to the employee at a reasonable time before the completion of the employee’s probation. An employee shall gain permanent status unless terminated by the appointing authority prior to the completion of his or her probationary period.
(3) If an employee is removed from a position during the probationary period, and the director determines that the person is suitable for appointment to another position, the person’s name may be restored to the list from which it was certified.
(4) A person reinstated in an employing unit other than one in which the person previously served in permanent status in the class in which the person is being reinstated, an employee who transfers from one employing unit to another, an employee who moves to a different employing unit in conjunction with a voluntary demotion, and a person who had not obtained permanent status in class in a supervisory or management position prior to appointment to another supervisory or management position, may be required by the appointing authority to serve a probationary period. Provisions for the duration of such probationary period shall be provided in the rules of the director.
(5) An employee whose position is classified as “trainee” shall be on a probationary period for the duration of the training program and may be separated during that period without the right of appeal, at the discretion of the appointing authority. Upon qualifying for the objective classification, the employee shall serve a probationary period as specified in sub. (1).