WISCONSIN STATE EMPLOYEES UNION (WSEU)
ARTICLE XI Section 8: Inclement Weather
FLSA Non-Exempt (WSEU) Employees
11/8/1 Employees who report late to work after having made an earnest effort to report to work on time but were unable to do so because of inclement weather or severe storm or heeding an official travel advisory issued by the State Patrol or the Milwaukee County Sheriff's Department of road closings shall be allowed to work to make up for lost time during the current work week (including Saturdays if the employee's work unit is in operation) as scheduled by the Employer. Makeup shall be at the regular rate of pay. Where situations described above occur on the last day of the work week and the Employer cannot schedule the employee for make up time, the employee may elect to use vacation, personal holiday, compensatory time off or leave without pay. If the employee elects leave without pay, there shall be no proration of benefits.11/8/2 When the Employer approves employee requests not to report for work or allows employees to leave work before the end of the workday because of hazardous driving conditions or other reasons, the time the employee is absent will be charged to vacation, holiday, or compensatory time credits or leave without pay or the employee may make up time lost on that day, as the employee requests. Makeup shall be at the regular rate of pay, scheduled by the Employer, and shall be worked during the work week in which the emergency situation occurs (including Saturdays if the employee's work unit is in operation). If the employee elects leave without pay, there shall be no proration of benefits.
FLSA Exempt (WSEU) Employees
11/8/3 Employees who report late to work after having made an earnest effort to report to work because of inclement weather or severe storm or heeding an official travel advisory issued by the State Patrol or the Milwaukee County Sheriff's Department of road closings shall be allowed to work to make up for lost time during the current or next pay period as scheduled by the Employer. Makeup shall be at the regular rate of pay.
11/8/4 When the Employer approves employee requests not to report to work or allows employees to leave work before the end of the workday because of hazardous driving conditions or other reasons, the time the employee is absent will be charged to vacation, personal holiday or compensatory time credits or the employee may make up time lost on the day as the employee requests. Makeup shall be at the regular rate of pay as scheduled by the Employer and shall be worked during the pay period in which the emergency situation occurs or the subsequent pay period.
ALL (Exempt and Nonexempt WSEU-Represented) Employees
11/8/5 When an employee is making up time under the provisions of this section, the employee will receive the applicable differentials which are appropriate for those hours actually worked to make up the time.
11/8/6 When the agency head or their authorized designee(s) directs the employees to leave work or not to report to work due to hazardous weather conditions or other emergency situations, the employee will be compensated at the employee's base rate of pay plus any applicable differentials for those hours which he/she had been scheduled to work for that day. If there is a power or equipment failure, the Employer will provide alternate work, if possible, prior to directing the employee(s) to leave work. Each agency will be responsible for identifying those management positions which have the authority to send employees home or not to report to work under this provision. Any questions on who has this authority should be directed to the employee's immediate supervisor.
WISCONSIN LAW ENFORCEMENT ASSOCIATION (WLEA)
The WLEA does not have a Labor Agreement. The language of the WSEU Agreement is therefore applicable at this time.
WISCONSIN EDUCATION ASSOCIATION COUNCIL (WEAC)
ARTICLE X Section 4: Inclement Weather
FLSA Exempt Employees
10/4/1 Employees who report late to work after having made an earnest effort to report to work because of inclement weather or severe storm or heeding an official travel advisory issued by the State Patrol or the Milwaukee County Sheriff’s Department of road closings shall be allowed to work to make up for lost time during the current or next pay period as scheduled by the Employer. Make-up shall be at the hourly rate of pay.10/4/2 When the Employer approves employee requests not to report to work or allows employees to leave work before the end of the workday because of hazardous driving conditions or other reasons, the time the employee is absent will be charged to vacation, personal holiday, or compensatory time credits or the employee may make up time lost on the day, as the employee requests. Make-up shall be at the hourly rate of pay as scheduled by the Employer and shall be worked during the pay period in which the emergency situation occurs or the subsequent pay period.
All Employees
10/4/3 When an employee is making up time under the provisions of this section, the employee will receive the applicable differentials which are appropriate for those hours actually worked to make up the time.
10/4/4 When the agency head [or their authorized designee(s)] directs employees to leave work or not to report to work due to hazardous weather conditions or other emergency situations, the employee will be compensated at the employee's hourly rate of pay plus any applicable differentials for those hours which he/she had been scheduled to work that day. If there is a power or equipment failure, the Employer will provide alternate work, if possible, prior to directing the employee(s) to leave work. Each agency will be responsible for identifying those management positions which have the authority to send employees home or not to report to work under this provision. Any questions on who has this authority should be directed to the employee's immediate supervisor.
WISCONSIN SCIENCE PROFESSIONALS (WSP)
ARTICLE IX Section 17: Inclement Weather
FLSA Non-Exempt (WSP) Employees
9/17/1 Employees who report late to work after having made an earnest effort to report to work on time but were unable to do so because of inclement weather, severe storm or heeding an official travel advisory issued by the State Patrol or the Milwaukee County Sheriff's Department of road closings, shall be allowed to work to make up for lost time during the current work week (including Saturdays if the employee's work unit is in operation) as scheduled by the Employer. Makeup shall be at the regular rate of pay. Where situations described above occur on the last day of the work week and the Employer cannot schedule the employee for makeup time, the employee may elect to use vacation, personal holiday, compensatory time off or leave without pay. If the employee elects leave without pay, there shall be no proration of benefits.9/17/2 When the Employer approves employee requests not to report for work or allows employees to leave work before the end of the workday because of hazardous driving conditions or other reasons, the time the employee is absent will be charged to vacation, personal holiday or compensatory time or the employee may make up time lost on that day, as the employee requests. Makeup shall be at the regular rate of pay, scheduled by the Employer and shall be worked during the work week in which the emergency situation occurs (including Saturdays if the employee's work unit is in operation). If the employee elects leave without pay, there shall be no proration of benefits.
FLSA Exempt (WSP) Employees
9/17/3 Employees who report late to work after having made an earnest effort to report to work because of inclement weather, severe storm or heeding an official travel advisory issued by the State Patrol or the Milwaukee County Sheriff's Department of road closings, shall be allowed to work to make up for lost time during the current or next pay period as scheduled by the Employer. Makeup shall be at the regular rate of pay.
9/17/4 When the Employer approves employee requests not to report to work or allows employees to leave work before the end of the workday because of hazardous road conditions or other reasons, the time the employee is absent will be charged to vacation, personal holiday or compensatory time or the employee may make up time lost on that day, as the employee requests. Makeup shall be at the regular rate of pay as scheduled by the Employer and shall be worked during the pay period in which the emergency condition occurs or the subsequent pay period.
All (Exempt and Nonexempt WSP-Represented) Employees
9/17/5 When an employee is making up time under the provisions of this Section, the employee will receive the applicable differentials which are appropriate for those actual hours worked to make up the time.
9/17/6 When the agency head [or their authorized designee(s)] directs the employees to leave work or not to report to work due to hazardous weather conditions or other emergency situations, the employee will be compensated at the employee's base rate of pay plus any applicable differentials for those hours which he/she had been scheduled to work for that day. If there is a power or equipment failure, the Employer will provide alternate work, if possible, prior to directing the employee(s) to leave work. Each agency will be responsible for identifying those management positions which have the authority to send employees home or not to report to work under this provision. Any questions on who has the authority should be directed to the employee's immediate supervisor.
WISCONSIN STATE BUILDING TRADES NEGOTIATING COMMITTEE (Craftsworkers)
The agreement does not provide for time lost because of inclement weather. Affected employees should account for lost time in the same manner as any other time off. The Employer is not required to provide for makeup time.
WISCONSIN STATE ENGINEERING ASSOCIATION (SEA)
ARTICLE X Section 6: Inclement Weather
10/6/1 When any of the following problems develop - unusual weather conditions or hazardous weather threats such as a tornado or blizzard which causes an employee to be late for or absent from work, or conditions develop in a work location which are detrimental to the health or effectiveness of employees, as determined by the appointing authority -- employees may request to be excused from work.10/6/2 In all such cases when the Employer excuses an employee from work, the employee, at his/her discretion shall be allowed to use one or more of the following: accrued vacation, accrued holiday time, accrued compensatory time, or make up time lost from work at a time to be scheduled by the employing department during the current pay period; or may choose to take leave of absence without pay (subject to the Federal Fair Labor Standards Act) for time lost. If an employee takes a leave of absence without pay for the time lost the employee shall be allowed to make up the time lost from work at a time to be scheduled by the employing department during the subsequent pay period. Such makeup must be on an hour for hour basis, not on an overtime basis.
10/6/3 When the employer allows an employee to leave work before the end of the work day because of hazardous driving conditions or other reasons, the employee, shall at his/her discretion be allowed to use one or more of the following: accrued vacation, accrued holiday time, accrued compensatory time, or make up the time lost from work at a time to be scheduled by the employing department during the current pay period; or may choose to take leave without pay (subject to the Federal Fair Labor Standards Act) for time lost. If an employee takes a leave of absence without pay for the time lost, the employee shall be allowed to make up the time lost from work at a time to be scheduled by the employing department during the subsequent pay period. Such makeup must be on an hour for hour basis, not on an overtime basis.
10/6/4 When the agency head (or his/her authorized designee[s]) directs the employees to leave work or not to report to work due to hazardous weather conditions, building closure or other emergency situations the employee will be compensated at the employee's base rate of pay for those hours which he/she had been scheduled to work for that day. If there is a power or equipment failure, the Employer will provide alternate work, if possible, prior to directing the employee(s) to leave work. Each agency will be responsible for identifying those management positions which have the authority to send employees home or not to report to work under this provision. Any questions on who has this authority should be directed to the employee's immediate supervisor.
WISCONSIN PROFESSIONAL EMPLOYEES COUNCIL (WPEC)
ARTICLE IX Section 17: Inclement Weather
FLSA Nonexempt (WPEC) Employees
9/17/1 Employees who report late to work after having made an earnest effort to report to work on time, but were unable to do so because of inclement weather or severe storm or heeding an official travel advisory issued by the State Patrol or the Milwaukee County Sheriff's Department of road closings, shall be allowed to work to makeup for lost time during the current work week (including Saturdays if the employee's work unit is in operation) as scheduled by the Employer. Makeup shall be at the regular rate of pay. Where situations described above occur on the last day of the work week and the Employer cannot schedule the employee for makeup time, the employee may elect to use vacation, personal holiday, compensatory time off or leave without pay. If the employee elects leave without pay, there shall be no proration of benefits.9/17/2 When the Employer approves employee requests not to report for work or allows employees to leave work before the end of the workday because of hazardous driving conditions or other reasons, the time the employee is absent will be charged to vacation, personal holiday, or compensatory time or the employee may makeup time lost on that day, as the employee requests. Makeup shall be at the regular rate of pay, scheduled by the Employer and shall be worked during the work week in which the emergency situation occurs (including Saturdays if the employee's work unit is in operation). If the employee elects leave without pay, there shall be no proration of benefits.
FLSA Exempt (WPEC) Employees
9/17/3 Employees who report late to work after having made an earnest effort to report to work because of inclement weather or severe storm or heeding an official travel advisory issued by the State Patrol or the Milwaukee County Sheriff's Department of road closings shall be allowed to work to makeup for lost time during the current or next pay period as scheduled by the Employer. Makeup shall be at the regular rate of pay.
9/17/4 When the Employer approves employee requests not to report to work or allows employees to leave work before the end of the workday because of hazardous road conditions or other reasons, the time the employee is absent will be charged to vacation, personal holiday or compensatory time or the employee may makeup time lost on the day, as the employee requests. Makeup shall be at the regular rate of pay as scheduled by the Employer and shall be worked during the pay period in which the emergency condition occurs or the subsequent pay period.
All (Exempt and Nonexempt WPEC-Represented) Employees
9/17/5 When an employee is making up time under the provisions of this section, the employee will receive the applicable differentials which are appropriate for those hours actually worked to makeup the time.
9/17/6 When the agency head (or their authorized designee(s)) directs the employees to leave work or not to report to work due to hazardous weather conditions or other emergency situations, the employee will be compensated at the employee's base rate of pay plus any applicable differentials for those hours which he/she had been scheduled to work for that day. If there is a power or equipment failure, the Employer will provide alternative work, if possible, prior to directing the employee(s) to leave work. Each agency will be responsible for identifying those management positions which have the authority to send employees home or not to report to work under this provision. Any question on who has this authority should be directed to the employee's immediate supervisor.
For all non-represented classified employees, and represented classified employees who belong to bargaining units without specific inclement weather language, appointing authorities should refer to the Wisconsin Human Resources Manual, Chapter 736 (Emergency Release, Reassignment and Interchange, http://oser.state.wi.us/docview.asp?docid=1401). Portions thereof are excerpted below:
736.060 Treatment of Absences Due to Closing of State Offices and Emergency Situations
(a) Employees may request or be allowed to be excused from work when they believe that weather conditions or emergency situations make it unsafe to get to or remain at work.
(b) The appointing authority may charge any such approved absence to the appropriate paid leave type designated by the employee or require the employee to make up the lost time. The employee may be given the additional option of taking leave without pay at the discretion of the appointing authority. Make-up time and leave without pay are subject to the restrictions contained in 736.070 of this chapter.
(2) When Employees Are Ordered to Leave or Not Report
(a) Employees may be ordered to leave or not to report to work because the Governor has determined that conditions exist which are detrimental to the health and safety of the employees.
(b) When employees are ordered to leave they will have the following options, subject to the restrictions contained in section 736.070, of this chapter and in accordance with applicable collective bargaining provisions:
736.070 Fair Labor Standards Act, Make-Up Time and Leave Without Pay
(1) Nonexempt Employees
(a) The appointing authority should require that make-up time be scheduled during the current workweek, if necessary, to avoid overtime hours in future workweeks. (...)
(b) Leave without pay deductions may be made for hourly nonexempt employees in any time increments necessary to cover the time lost.
(2) Exempt Employees
(a) The employing agency has more flexibility in scheduling make-up time for employees who are exempt from the overtime provisions of the FLSA and, therefore, are normally not paid for overtime hours. However, if the affected employees are entitled to premium rate for overtime pursuant to the Compensation Plan or labor agreement, the appointing authority should require that make-up time be scheduled during the current workweek, if necessary, to avoid overtime hours in future workweeks.
(b) Leave without pay deductions may be made for exempt employees in any time increments necessary to cover the time lost.
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Last modified: April 4, 2006