1. (1) Whenever the conditions of resignation as described under s. ER 21.02 (1) are met for an employee who is terminating from state service, the employee’s termination date shall be extended by the amount of leave credits to which the employee would be entitled if employment were to continue until these leave credits were exhausted, unless:

   1. (a) The employee requests payment in a lump sum in the notice of resignation; or
   2. (b) The appointing authority and the employee mutually agree in writing to a payment of all or part of the balance in a lump sum. If part of the balance is paid in a lump sum the remainder of the leave credits shall extend the employee’s termination date as provided in this subsection.
2. (2) Except as provided under sub. (3), whenever the conditions of resignation as described under s. ER 21.02 (1) are not met for an employee who is terminating from state service, the termination date shall be determined in accordance with sub. (1) or (3) at the discretion of the appointing authority.

3. (3) Upon abandonment under s. ER 21.03, the termination date shall be the end of the last day worked. The termination date shall not be extended by the amount of leave credits the employee has accrued. The employee shall be paid in a lump sum for these leave credits.

   Note: See s. ER 18.14 (4) for determining the “last day worked” by employees who fail to return from leave.

4. (4) Upon resignation as a result of disability, the termination date shall be established in accordance with s. 40.02 (22) (b) 6., Stats.

History

History: Cr. Register, May, 1988, No. 389, eff. 6-1-88.