1711 - Furlough Program

Category

Compensation

Audience List

  • Employee Relations Officers
  • Labor Relations Officers
  • Personnel Officers
  • Personnel Transactions Supervisors

Synopsis

This policy:

  • Provides information on the Furlough Program.
  • Provides a detailed timeline by furlough schedules.
  • Provides overtime provisions during the Furlough Program.
  • Provides information on Jury Duty during the Furlough Program.

Introduction

In 2009 a furlough was implemented to reduce spending and immediately improve the state’s ability to meet its obligations to pay for essential services so as not to jeopardize its residents’ health and safety in that current and following fiscal year. As a result, California Department of Human Resources (CalHR) implemented the Furlough Program pursuant to the requirements of Government Code section 19849 and to assist in achieving budget savings.  A series of Executive Orders were issued implementing various aspects of the Program, and the Program was subject to change through court and legislative action as well as collective bargaining, which affected start and end dates.

Statement

While the Furlough Program is no longer in effect, departments are required to comply with existing Furlough Program requirements.  Departments must continue to monitor and ensure that all unused furlough hours are exhausted prior to voluntary separation, termination, layoff, separation from state service (e.g., retirement), or other personnel actions such as rejection on probation or dismissal.  Furlough hours should be used before vacation, annual leave, personal holiday, holiday credit, and compensating time off (CTO). With regard to sick leave, each employee and his or her supervisor must approve the use of furlough hours in lieu of sick leave.

Whenever feasible, an employee’s separation date should be extended to ensure furlough hours are exhausted prior to separation. In instances where an employee’s separation date is scheduled in advance or at the employer’s discretion such as layoff or termination, departments must require employees to use all unused furlough hours prior to separation. Employees must be directed to take time off from work to use these hours without exception and shall not be permitted to refuse to use accrued furlough hours.

On rare occasions, when an employee separates from state service and has accumulated furlough hours which cannot be used prior to separation, these unused hours must be paid at the time of the employee’s separation.

Overtime Provisions and Furlough Program

When a Furlough Program is in effect, employees exempt from the Fair Labor Standards Act (FLSA), identified as Work Week Group E (WWG E), lose their FLSA exemption during a week when furlough leave is used. When a WWG E employee loses their FLSA exemption they become hourly employees, eligible to receive overtime compensation. For this reason WWG E employees were encouraged not to work in excess of 32 hours in a workweek where furlough hours were used.

As a reminder, WWG E employees who have furlough hours must use leave in full day increments.  To use hours in less than a whole day the WWG E employee may combine furlough hours with another leave credit to equal a full day.

WWG 2 employees may use their furlough hours in hourly increments.

Application

Furlough Schedules

Furloughs fell into four schedules (patterns) depending on the employees' Collective Bargaining Identifier (CBID). In this policy document, the four schedules will be called A, B, C, and D. These labels are only used for discussing what furlough schedule applied to each employee group.

Furlough Schedule A

  • 2 days per month from February 2009 to June 2009 (Order S-16-08, PML 2009-007)
  • 3 days per month from July 2009 to June 2010 (Order S-13-09, PML 2009-029)
  • No furlough in July 2010
  • 3 days per month from August 2010 to October 2010 (Order S-12-10, PML 2010-015)
  • Furlough ended effective November 2010

Employees Subject to Furlough Schedule A

Most employees were subject to this furlough schedule. This includes employees in the following groups, except for exemptions mentioned above:

  • C01-C21
  • E01, E04, E11, E21, E25, E48, E58, E59, E67, E68, E77, E78, E79, E97, E98, E99
  • M01, M02, M03, M06, M07, M09, M10, M12, M14, M16, M17, M18, M19, M21, M99
  • R01, R03, R04, R11, R14, R15, R17, R20, R21
  • S01, S02, S03, S04, S06, S07, S09-S21
  • U01, U02, U04, U07, U09, U10, U12, U15, U16, U19

Furlough Schedule B

  • 2 days per month from February 2009 to June 2009 (Order S-16-08, PML 2009-007)
  • 3 days per month from July 2009 to June 2010 (Order S-13-09, PML 2009-029)
  • No furlough in July 2010
  •  3 days a month from August 2010 to April 2011 (Order S-12-10, PML 2010-015 and PML 2010-027)
  • Furlough ended effective May 2011

Employees Subject to Furlough Schedule B

Employees in the following groups were subject to this furlough schedule, except for exemptions mentioned above:

  • E02, E06, E07, E10
  • R02, R06, R07, R10

Furlough Schedule C

  • 2 days per month from February 2009 to June 2009 (Order S-16-08, PML 2009-007)
  • 3 days per month from July 2009 to June 2010 (Order S-13-09, PML 2009-029)
  • No furlough in July 2010
  • 3 days per month from August 2010 to April 2011 (Order S-12-10, PML 2010-015 and PML 2010-027)
  • No furlough from May 2011 to June 2012
  • 1 day per month from July 2012 to June 2013 (PML 2012-029)
  • Furlough ended effective July 2013

Employees Subject to Furlough Schedule C

Employees in the following groups were subject to this furlough schedule, except for exemptions mentioned above:

  • E08
  •  M05, M08
  • R05, R08
  • S05, S08

Furlough Schedule D

  • 2 days per month from February 2009 to June 2009 (Order S-16-08, PML 2009-007)
  • 3 days per month from July 2009 to June 2010 (Order S-13-09, PML 2009-029)
  • Furlough ended effective July 2010

Employees Subject to Furlough Schedule D

Employees in the following groups were subject to this furlough schedule, except for exemptions mentioned above:

  • E09
  • R09, R13

Not Subject to Furlough

Employees in the following groups were not subject to furloughs:

  • E12, E16, E18, E19
  • R12, R16, R18, R19

 

Authorities

Resources

PML

  • PML 2009-007: PML 2009-007 - 2/3/2009 - Furlough Program
  • PML 2009-010: PML 2009-010 - 2/11/2009 - Updates to the Furlough Program
  • PML 2009-013: PML 2009-013 - 3/10/2009 - Updates to the Furlough Program
  • PML 2009-029: PML 2009-029 - 7/2/2009 - Furlough Program
  • PML 2009-030: PML 2009-030 - 7/8/2009 - Furlough Update
  • PML 2010-015: PML 2010-015 - 8/5/2010 - Furlough Program – Effective August 2010
  • PML 2010-027: Retirement Contributions and Formulas, Holiday Compensation, and the Furlough Program - Bargaining Units 2, 6, 7, 9, 10, and 13
  • PML 2011-010: PML 2011-010 - 3/30/2011 - Furlough Program and Personal Leave Program 2010/2011 - Bargaining Units 2,6,7,9,10, and 13
  • PML 2011-014: SEIU Agreement
  • PML 2011-015: Furlough Program and Personal Leave Program 2010/2011 - Bargaining Units 2, 6, 7, 9, 10, and 13
  • PML 2012-029: PML 2012-029 - 7/5/2012 - Bargaining Unit 9 and 13 – Furlough Program
  • PML 2013-013: PML 2013-013 - 3/26/2013 - Unused PLP 2012, PLP 2010, and Furlough Hours

Contact Person

Personnel Services Branch
Personnel Program Consultant, Personnel Services Branch
Phone: 916-323-3343
Fax: 916-327-1886
Email: psb@calhr.ca.gov

Authorized By

Personnel Management Division
Personnel Program Consultant, Personnel Management Division

History

View History

Table of Contents

1000 - Equal Employment Opportunity

1100 - Selection

1200 - Appointments

1300 - Exempt Employees

1400 - Benefits and Insurance

1500 - Work Schedules

1600 - Third Party Pre-Tax Parking

1700 - Compensation

1800 - Savings Plus

1900 - Bona Fide Associations

2000 - Collective Bargaining

2100 - Leave

2200 - Travel/Relocation

2300 - State Owned Housing

2400 - Employee Recognition

2500 - Discipline

2600 - Layoffs

2700 - Retirement

2800 - Training

2900 - Workforce Planning

3000 - Examination and Hiring

3100 - Drug-Free Workplace