1711 - Furlough Program (Historical View)

** Effective: 2/6/2018 6:23:52 AM - 7/14/2020 6:46:12 PM **

Status: Active

Change Notes

Contact updated: Corrected PMD phone number.

Category

Compensation

Audience List

Synopsis

This policy:

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While the Furlough Program is no longer in effect, departments are required to comply with existing Furlough Program requirements.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

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:

Furlough Schedule B

Employees Subject to Furlough Schedule B

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

Furlough Schedule C

Employees Subject to Furlough Schedule C

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

Furlough Schedule D

Employees Subject to Furlough Schedule D

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

Not Subject to Furlough

Employees in the following groups were not subject to furloughs:

 

Authorities

Resources

PML

Authorized By

Personnel Management Division
Personnel Program Consultant, Personnel Management Division

Contact Person

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

Superseded Policies

Not Applicable.