1711 - Furlough Program (Historical View)

Status: Active

Change Notes

Removed language under BU 13 that was added in error. Removed "Employees have until June 30, 2027, to use all leave time earned under Furlough 2020. Any unused Furlough 2020 time shall be void after June 30, 2027".

Category

Compensation

Audience List

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

Synopsis

This policy:

• Provides historical information on the Furlough 2020 and Furlough 2009/2010 Programs.

Introduction

As of July 31, 2020, this policy is no longer in effect. All bargaining units that were affected by Furlough 2020 have transitioned to Personal Leave Program (PLP) 2020 (see HR Manual Policy 2113).

Statement

Historical information is provided in the Application section below.

Application

Historical Information

Furlough 2020 Program (Expired 7/31/20)

Effective July 1, 2020, in response to the economic crisis caused by the COVID-19 pandemic, the Furlough 2020 Program (Furlough 2020) was implemented. As a result of bargaining some Bargaining Units (BU) were placed in the Personal Leave Program (PLP 2020) effective the July 2020 pay period. The remaining BU’s agreed to PLP 2020 effective with the August 2020 pay period. Units that were not subject to PLP 2020 for the July 2020 pay period were subject to Furlough. For this reason, the California Department of Human Resources (CalHR) implemented the Furlough 2020 pursuant to the requirements of Government Code section 19849. To comply, state employees in the affected BU’s had their salaries reduced as outlined below.

The Furlough 2020 applied to all rank-and-file employees in BU 5, 9, 12, 13, and 19 for the July 2020 pay period.

The following employees were not subject to the Furlough 2020:

• Retired Annuitants appointed under Government Code sections 19144, 21154, 21223, 21224, 21225 and 21227.

• CBID E-Designated Classes.

• Seasonal and temporary employees.

Provisions of the Furlough 2020 were as outlined below.

Immediately upon full ratification of an agreement that provides PLP 2020 leave, any accrued Furlough 2020 hours shall be administered in the same manner as the PLP 2020 provisions of the applicable MOU and employees shall not be directed when to use Furlough 2020 hours.

BU 5, 9, 12, 13 and 19 have fully ratified agreements that provide for PLP 2020 effective July 31, 2020. As such, the provisions of PLP 2020 apply to the July pay period as described below.

California Associate of Highway Patrolmen (CAHP) – Bargaining Unit 5

Effective July 1, 2020 rank-and-file employees in BU 5 shall be subject to Furlough 2020 for the July 2020 pay period in the manner outlined below:

• Effective July 31, 2020, employees will move to the Personal Leave Program (PLP) 2020.

• Each full-time employee shall continue to work their assigned work schedule and shall have a 4.62 percent reduction in pay in exchange for 9 hours of Furlough 2020 leave credits.

• Each part-time employee shall be subject to the same conditions as full-time employees, on a prorated basis equivalent with their time base.

• Each intermittent employees Furlough 2020 credit shall be prorated based on the number of hours worked in the monthly pay period.

Part-time and Intermittent accrual charts are provided in the Resources section below.

The following provisions will apply:

• Employees will be given discretion to use Furlough 2020 under the same provisions provided in agreement for the PLP 2020 and subject to the following operational considerations:

  • Furlough 2020 time must be used before any other leave with the exception of sick leave.

  • Employees may elect to use Furlough 2020 in lieu of approved sick leave.

  • Furlough 2020 shall be requested and used by the employee in the same manner as vacation/annual leave.

  • Requests for use of Furlough 2020 leave must be submitted in accordance with departmental policies on vacation/annual leave.

• All leave earned under Furlough 2020 should be used prior to voluntary separation. Appointing powers may schedule employees to take Furlough 2020 time off to meet the intent of the Side Letter agreement. If an employee is unable to use this leave prior to their separation and the separation date cannot be extend, Furlough 2020 shall be cashed out.

• Employees on SDI, NDI, ENDI, IDL, EIDL, or Workers’ Compensation for the entire monthly pay period shall be excluded from Furlough 2020 for that month.

Professional Engineers in California Government (PECG) – Bargaining Unit 9

Effective July 1, 2020 rank-and-file employees in BU 9 shall be subject to Furlough 2020 for the July 2020 pay period in the manner outlined below:

• Effective July 31, 2020, employees will move to the Personal Leave Program (PLP) 2020.

• Each full-time employee shall continue to work their assigned work schedule and shall have a 9.23 percent reduction in pay in exchange for 16 hours of Furlough 2020 leave credits.

• Each part-time employee shall be subject to the same conditions as full-time employees, on a prorated basis equivalent with their time base.

• Each intermittent employees Furlough 2020 credit shall be prorated based on the number of hours worked in the monthly pay period.

Part-time and Intermittent accrual charts are provided in the Resources section below.

The following provisions will apply:

• Employees will be given discretion to use Furlough 2020 subject to the following operational considerations:

  • Furlough 2020 time must be used before any other leave with the exception of sick leave.

  • Employees may elect to use Furlough 2020 in lieu of approved sick leave.

  • Furlough 2020 shall be requested and used by the employee in the same manner as vacation/annual leave.

  • Requests for use of Furlough 2020 leave must be submitted in accordance with departmental policies on vacation/annual leave.

• All leave earned under Furlough 2020 should be used prior to voluntary separation. Appointing powers may schedule employees to take Furlough 2020 time off to meet the intent of the Side Letter agreement. If an employee is unable to use this leave prior to their separation and the separation date cannot be extend, Furlough 2020 shall be cashed out.

• Furlough 2020 leave shall not be considered as “time worked” for the purposes of determining the number of hours worked in a work week.

• Employees on SDI, NDI, ENDI, IDL, EIDL, or Workers’ Compensation for the entire monthly pay period shall be excluded from Furlough 2020 for that month.

International Union of Operating Engineers (IUOE) – Bargaining Unit 12

Effective July 1, 2020 rank-and-file employees in BU 12 shall be subject to Furlough 2020 for the July 2020 pay period in the manner outlined below:

• Effective July 31, 2020, employees will move to the Personal Leave Program (PLP) 2020.

• Each full-time employee shall continue to work their assigned work schedule and shall have a 9.23 percent reduction in pay in exchange for 16 hours of Furlough 2020 leave credits.

• Each part-time employee shall be subject to the same conditions as full-time employees, on a prorated basis equivalent with their time base.

• Each intermittent employees Furlough 2020 credit shall be prorated based on the number of hours worked in the monthly pay period.

Part-time and Intermittent accrual charts are provided in the Resources section below.

The following provisions will apply:

• Employees will be given discretion to use Furlough 2020 subject to the following operational considerations:

  • Furlough 2020 time must be used before any other leave with the exception of sick leave and Professional Development Days.

  • Employees may elect to use Furlough 2020 in lieu of approved sick leave.

  • Furlough 2020 must be requested and used by the employee in the same manner as vacation/annual leave.

  • Requests for use of Furlough 2020 leave must be submitted in accordance with departmental policies on vacation/annual leave.

• Furlough 2020 accruals do not expire.

• Furlough 2020 may be cashed out upon separation from state service.

• Furlough 2020 leave shall not be considered as “time worked”, except when an employee is mandated to work overtime, for the purposes of determining the number of hours worked in a work week.

• Employees on SDI, NDI, ENDI, IDL, EIDL, or Workers’ Compensation for the entire monthly pay period shall be excluded from Furlough 2020 for that month.

American Federation of State, County, and Municipal Employees (AFSCME) – Bargaining Unit 19

Effective July 1, 2020 rank-and-file employees in BU 19 shall be subject to Furlough 2020 for the July 2020 pay period in the manner outlined below:

• Effective July 31, 2020, employees will move to the Personal Leave Program (PLP) 2020.

• Each full-time employee shall continue to work their assigned work schedule and shall have a 9.23 percent reduction in pay in exchange for 16 hours of Furlough 2020 leave credits.

• Each part-time employee shall be subject to the same conditions as full-time employees, on a prorated basis equivalent with their time base.

• Each intermittent employees Furlough 2020 credit shall be prorated based on the number of hours worked in the monthly pay period.

Part-time and Intermittent accrual charts are provided in the Resources section below.

The following provisions will apply:

• Furlough 2020 shall have no cash value and may not be cashed out prior to separation, except as permitted in very limited circumstances (e.g., non-voluntary separation).

• Employees will be given discretion to use Furlough 2020 subject to the following operational considerations:

  • Furlough 2020 time must be used before any other leave with the exception of sick leave and Professional Development Days.

  • Employees may elect to use Furlough 2020 in lieu of approved sick leave.

  • Furlough 2020 must be requested and used by the employee in the same manner as vacation/annual leave.

  • Requests for use of Furlough 2020 leave must be submitted in accordance with departmental policies on vacation/annual leave.

• All leave earned under Furlough 2020 must be used prior to voluntary separation. Appointing powers may schedule employees to take Furlough 2020 time off to meet the intent of the Side Letter agreement. If an employee’s separation is not voluntary and the separation date cannot be extended, unused Furlough 2020 shall be cashed out. Employees have until June 30, 2027, to use all leave time earned under Furlough 2020. Any unused Furlough 2020 time shall be void after June 30, 2027.

• Furlough 2020 leave shall not be considered as “time worked” for the purposes of determining the number of hours worked in a work week.

• Employees on SDI, NDI, ENDI, IDL, EIDL, or Workers’ Compensation for the entire monthly pay period shall be excluded from Furlough 2020 for that month.

International Union of Operating Engineers (IUOE) – Bargaining Unit 13

Effective July 1, 2020, rank-and-file employees in BU 13 shall be subject to Furlough 2020 in the manner outlined below:

• Effective July 31, 2020, employees will move to the Personal Leave Program (PLP) 2020.

• Each full-time employee shall continue to work their assigned work schedule and shall have a 9.23 percent reduction in pay in exchange for 16 hours of Furlough 2020 leave credits.

• Each part-time employee shall be subject to the same conditions as full-time employees, on a prorated basis equivalent with their time base.

• Each intermittent employees Furlough 2020 credit shall be prorated based on the number of hours worked in the monthly pay period.

Part-time and Intermittent accrual charts are provided in the Resources section below.

The following provisions will apply:

• Furlough 2020 shall have no cash value and may not be cashed out prior to separation, except as permitted in very limited circumstances (e.g., non-voluntary separation).

• Employees will be given discretion to use Furlough 2020 subject to the following operational considerations:

  • Furlough 2020 time must be used before any other leave with the exception of sick leave and Professional Development Days.

  • Employees may elect to use Furlough 2020 in lieu of approved sick leave.

  • Furlough 2020 shall be requested and used by the employee in the same manner as vacation/annual leave.

  • Requests for use of Furlough 2020 leave must be submitted in accordance with departmental policies on vacation/annual leave.

• Furlough 2020 accruals do not expire.

• All leave earned under Furlough 2020 must be used prior to voluntary separation. Appointing powers may schedule employees to take Furlough 2020 time off to meet the intent of the Side Letter agreement. If an employee’s separation is not voluntary and the separation date cannot be extended, unused Furlough 2020 shall be cashed out.

• Furlough 2020 leave shall not be considered as “time worked” except when an employee is “mandated” to work overtime, for the purposes of determining the number of hours worked in a work week.

• Employees on SDI, NDI, ENDI, IDL, EIDL, or Workers’ Compensation for the entire monthly pay period shall be excluded from Furlough 2020 for that month.

The Furlough Program

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.

• Per the Federal Department of Labor, employees who are using Emergency Paid Sick Leave Act (EPSLA) and Emergency Family and Medical Leave Act (EFMLA) shall be paid at their regular rate of pay. This means employees will be paid their unreduced salary for hours/days taken under this program. The PLP 2020 hours for the pay period will be prorated based on the hours paid that are not EPSLA/EFMLA using the intermittent chart.

  Intermittent EPSLA and EFMLA time off shall be paid using the unreduced regular salary rate of pay, while hours worked, including leave used unrelated to EPSLA/EFMLA, shall be paid using the reduced regular rate of pay. Workweek Group E/SE employees who are working partial days will receive the reduced rate. WWG E/SE employees are not using leave in partial days and should be handled like any other day when they do not work a full day.

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.

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.

Out of Class (OOC) Assignments

OOC pay is affected by Furlough depending on the language within the appropriate pay differential.

• If the OOC pay differential indicates to treat it as if promoted/appointed to the higher classification, then the employee will receive the OOC with the Furlough/PLP reduction for all the days within the OOC period. (Payment Type SI).

• If the OOC pay differential doesn’t indicate to treat it as if promoted/appointed to the higher classification, then the employee will receive the OOC on the unreduced pay for all the days within the OOC period (Payment Type G).

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 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 Information – Furlough Program 2009/2010

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

Superseded Policies