31-1. Definitions.
(a) Alternate furlough day: A furlough day that is assigned to an employee instead of a fixed furlough day if:
(1) the employee is required to work on a fixed furlough day despite the furlough; or
(2) the employee is assigned to a unit or function that is scheduled to be furloughed on a fixed furlough day, but the employee is not normally scheduled to work on the fixed furlough day.
(b) Fixed furlough day: A date specified by the CAO on which the offices or work sites of specified employees will be closed to:
(1) the specified employees;
(2) seasonal, substitute, and temporary employees; and
(3) the public.
(c) Furlough: A temporary, non-pay status for hours when an employee is normally scheduled to work but does not work for the County or receive pay from the County due to a lack of funds or work, as determined by the CAO. A furlough may be comprised of any combination of fixed, alternate, or rolling furlough days.
(d) Furlough period: The time period specified by the CAO during which affected employees must take all assigned furlough hours and lose the pay attributable to the furlough.
(e) Furlough plan: The CAO’s plan for a specific furlough that states:
(1) the number of furlough hours for which pay must be taken from affected employees;
(2) the furlough period;
(3) the employee groups that will be affected by the furlough; and
(4) the designation of fixed furlough days, if any.
(f) Rolling furlough day: A day or hour(s) of a day that an employee elects, with supervisor approval, to take assigned furlough hours.
31-2. Policy on furlough.
(a) A supervisor must not require or allow an employee to work on the employee’s furlough days, except in an emergency as determined by the CAO.
(b) A furlough is a permanent loss of an employee’s work hours. A department director or supervisor must not allow an employee to make up the hours lost by working additional hours at another time.
(c) The County must ensure that the following are not adversely affected when an employee takes a furlough:
(1) the employee’s accrual of annual and sick leave or the crediting of PTO;
(2) life insurance;
(3) retirement benefits; and
(4) seniority.
(d) The County must not pay an employee’s regular County salary to an employee who is on disability leave on a furlough day.
(e) For the purpose of calculation of service increments, awards, salary upon promotion or demotion, or other salary amounts based on the employee’s base salary, the figure representing base salary must not be reduced by the salary loss resulting from a furlough.
(f) If a supervisor requires an employee on a fixed furlough day or alternate furlough day or rolling furlough day to return to work to perform unanticipated work assignments of an emergency nature, the department must give the employee callback pay under Section 10-13 of these Regulations. The supervisor must ensure that the employee takes alternate furlough hours to replace the hours on which the employee was to be furloughed on the furlough day.
31-3. Conducting a furlough.
(a) The CAO must develop a furlough plan for each furlough that identifies the employees who will be furloughed, the number of hours of furlough and the number of fixed furlough days, rolling furlough days, or a combination of fixed and rolling furlough days on which the employees will be furloughed.
(b) The CAO may choose to spread the salary loss due to a furlough over multiple pay periods or confine the salary loss to the same pay period in which the furlough is actually taken.
(c) The department director must notify affected employees of fixed furlough days at least 30 days before the furlough day.
(d) To ensure compliance with the furlough plan, the department director must monitor the scheduling, accrual, and reporting of furlough hours.
(e) A department director must ensure that a furlough period is pro rated for a part-time employee, a new hire, an employee who separates from County service before the end of the furlough period or a school-based employee working a 10-month schedule.
(f) The department director and the Director of the Public Information Office must notify the public in advance if work sites are closed or public services are limited because of a furlough.
(g) An employee, with supervisory approval, may elect to take rolling furlough days on a full day or an hourly basis.
31-4. Appeal of furlough. An employee with merit system status who is furloughed may grieve under Section 34 of these Regulations if the County fails to follow the procedures in this Section. A grievance cannot challenge the CAO’s determination as to a lack of work or funds necessitating a furlough.
Office of Human Resources Editor’s note – The subjects covered in this section of the Personnel Regulations are addressed for bargaining unit employees in the current collective bargaining agreements as indicated below:
Bargaining unit | Articles of current agreements with references to furlough |
Police | 43, Discipline 50, Reduction-in-Force and Furlough 53, Performance Evaluation |
Firefighter/Rescuer | 48, Job Sharing Program 49, Compensatory Time |
OPT/SLT | None |
Police | 18, Annual Leave 21, Compensatory Time 50, Reduction-in-Force and Furlough 55, Job Sharing Program |