1711 - Furlough Program (Historical View)
** Effective: 7/14/2020 6:46:12 PM - 7/14/2020 6:54:35 PM **Status: Active
Change Notes
Effective July 1, 2020, in response to the economic crises caused by the COVID-19 pandemic, the Furlough Program 2020 is being implemented. 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.
Category
Compensation
Audience List
- Employee Relations Officers
- Labor Relations Officers
- Personnel Officers
- Personnel Transactions Supervisors
Synopsis
This policy:
- Provides information on the Furlough Program 2020 in response to the COVID-19 pandemic.
- Provides information on percentage of pay reduction and hours to be credited for various bargaining units.
- Provides overtime provisions during the Furlough Program.
- Provides miscellaneous information during the Furlough Program.
- Provides brief historical information on the Furlough Program.
Introduction
Effective July 1, 2020, in response to the economic crises caused by the COVID-19 pandemic, the Furlough Program 2020 is being implemented. 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. To comply, state employees in the Bargaining Units specified in this policy will have their salaries reduced as outlined below.
Statement
To assist in achieving budget savings, a mandatory Furlough Program for those Bargaining Units (BU) that have not reached an agreement or who have an agreement pending ratification has been implemented. The Furlough Program applies to all rank-and-file employees in BU 5, 9, 12, 13, and 19.
BU 5 - The Furlough Program will begin with the July 2020 pay period and end the first of the pay period following ratification. After ratification employees will move to the Personal Leave Program (PLP) 2020.
Rank-and-file employees will have their salaries reduced by 4.62 percent in exchange for 9 hours of furlough hours each month.
BU 13 - The Furlough Program will begin with the July 2020 pay period through the June 2021 pay period.
- Rank-and-file employees in BU 13 will have their salaries reduced by 9.23 percent in exchange for 16 hours of furlough hours each month.
- This program is subject to change through bargaining.
BU 9, 12, and 19 - The Furlough Program will begin with the July 2020 pay period and end the first of the pay period following ratification. Employees will move to the Personal Leave Program (PLP) 2020 after ratification.
Rank-and-file employees in BU 9, 12, and 19 will have their salaries reduced by 9.23 percent in exchange for 16 hours of furlough hours each month.
Part-time employees will receive a prorated number of furlough hours based on their time base. Intermittent employees will receive furlough hours based on the number of hours they work in the month. The charts for both are linked in the Resources section below.
Full-time and part-time employees shall have their Furlough 2020 hours credited on the first day of each pay period for the duration of the program. Intermittent employees will have their hours credited based on the number of hours worked during the pay period. Intermittent employees may not schedule additional hours to make up for the reduction in pay.
The following employees are not subject tot he Furlough Program 2020:
Retired Annuitants appointed under Government Code sections 19144, 21154, 21223, 21224, 21225 and 21227.
CBID E-Designated Classes.
Seasonal and temporary employees.
The Furlough Program 2020 shall be administered consistent with the existing payroll system and the policies and practices of the State Controller’s Office.
Employees are subject to the provisions of the Furlough Program 2020 as outlined in the Application section below.
Application
For most employees, furlough hours must be used the month they are earned. Employees allowed to accumulate furlough hours because of operational needs (for example, because they work posts in 24/7 facilities, or other needs) must use their furlough hours within two years after the furlough program ends. Employees can choose which days they will take off, with their supervisor’s approval.
Departments are required to ensure Furlough 2020 hours are used prior to other leave such as vacation, annual leave, personal holiday, holiday credit, and compensating time off (CTO). This includes any remaining furlough hours from 2009 and PLP 2010 and 2012 hours that have not been exhausted. Each employee and his or her supervisor must approve (or mutually agree to) the use of furlough hours in lieu of sick leave. For BUs moving to PLP 2020, the order of leave usage will be set in the MOU or Personal Leave Program Policy.
Departments must monitor employees who are separating and have them use their 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 that cannot be used prior to separation, these unused hours must be paid at the time of the employee’s separation.
The Furlough Program 2020 applies to all rank-and-file employees in BU 5, 9, 12, 13, and 19.
The Furlough Program does not apply to employees who are:
- On a leave of absence without pay
- Military leave
The Furlough Program does not affect:
- State service credit
- Leave accruals
- Medical benefits
- Dental benefits
- Lump sum payments
- Retirement benefits
- Military leave compensation or supplemental pay
- Disability leave payments for employees receiving Temporary Disability, Industrial Disability Leave, Non-Industrial Disability Leave, State Disability Insurance, or Involuntary Leave and supplemental payments. However, when an employee returns to partial work, the hours they work will be affected.
The Furlough Program will adjust salaries to reflect the appropriate reduction in salary. The adjustment applies only to the employee’s base salary. The adjustment does not affect:
- Hiring above minimum adjustments
- Red circle rate adjustments
- Flat dollar or percentage-based pay differentials
- Overtime rates or holiday pay – these are based on the unadjusted base salary
Departments will use FH to document furlough hour usage on the employee’s timesheet. Departments that utilize the SCO Leave Accounting System will use FH to record usage and manual accruals.
Employees cannot donate furlough hours or transfer furlough hours to other types of leave credit.
No employee should be furloughed more than the amount specified for their BU. If an employee holds more than one position, the primary employer may need to adjust the employee’s hours to ensure they do not exceed the appropriate number of furlough hours.
Furlough 2020 leave shall not be considered as “time worked” for overtime purposes except when an employee is mandated to work overtime or has been redirected and is mandated to work overtime to process unemployment claims in the same week in which they use approved leave then that approved leave will be considered hours worked for purposes of calculating overtime.
Effective July 1, 2020, employees will be credited with the appropriate number of hours on the first day of each pay period as outlined below:
Intermittent Employees
An intermittent employee’s schedule needs to be determined in advance of the pay period. Furlough hours should be credited prior to holiday hours so that holiday hours are not negatively affected. Furlough hours shall be prorated based upon the number of hours worked in the monthly pay period consistent with the chart linked in the Resources section below.
Additional Information
Employees who work less than their time base (e.g., dock; appointed or separated other than the first day of a pay period), shall have their furlough hours applied on a prorated basis. To determine the prorated credit for a full-time or part-time employee, convert the employee’s time worked in the pay period to hours and credit the employee with furlough hours based on the intermittent chart.
The State Controller’s Office will issue guidance on how to document an employee’s pay and process the appointments/separations when an employee works a partial month. For employees appointed other than the first of the pay period, time off for furlough days shall be recorded as a dock. On the first of the pay period following appointment, departments need to document a 350 transaction using the appropriate earnings ID to implement the furlough.
Lump-Sum Payments
Lump-sum payments shall be paid based on the employee’s unreduced salary without a furlough reduction. Furlough hours accrued prior to the employee’s separation date shall count toward lump-sum payments, however during the period of projection an employee shall not accrue any additional Furlough hours. In addition, although furlough hours are included in lump sum, they are not included in the projection calculation.
Intermittent and Actual Time Worked (ATW) Qualifying Service
Intermittent and ATW employees shall have furlough hours count toward their 1,500 hours and 189 days as of the time of the salary reduction. When an employee takes furlough time off, those hours shall not count towards their 1,500 hours and 189 days of work.
Voluntary Personal Leave Program (VPLP)
Continuation of the VPLP during the duration of the Furlough Program 2020 shall be at the discretion of the employee. If the employee elects to discontinue participation in the VPLP, they shall be allowed to opt out at any time during the program.
Unemployment and the Furlough Program
The State of California does not participate in Work Sharing or Partial Programs related to Unemployment Insurance (UI). Departments should return forms received for these UI benefits to their employees and let them know that the State is not participating in either program.
It’s possible that there are some seasonal, part-time, or intermittent workers that work limited hours and can qualify for UI benefits based on their limited hours and their weekly earnings. In this case, it is important to complete and return the forms to Employment Development Department (EDD) timely.
Questions regarding the UI forms should be directed to EDD.
Historical Furlough Program Information
Furloughs fell into four patterns depending on the employees' Collective Bargaining Identifier (CBID).
Pattern I (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)
- 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
Pattern II (E02, E06, E07, E10, R02, R06, R07, R10)
- 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
Pattern III (E08, M05, M08, R05, R08, S05, S08)
- 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
Pattern IV (E09, R09, R13)
- 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
Not Subject to Historical Furlough (E12, E16, E18, E19, R12, R16, R18, R19)
Authorities
- Code of Federal Regulations, title 29, sections 541 to 710(b)
- Executive Order S-12-10
- Executive Order S-13-09
- Executive Order S-16-08
- Government Code section 19144
- Government Code section 19844.1
- Government Code section 19849
- Government Code section 21224
- Government Code section 21225
Resources
Forms
- Bargaining Unit 5 Furlough 2020 Accrual Charts: BU 5 Furlough 2020 Accrual Charts
- Bargaining Units 9, 12, 13, and 19 Furlough 2020 Accrual Charts: BU 9, 12, 13, and 19 Furlough 2020 Accrual Charts
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
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