(A)
Introduction
Section 371.70.20 of amended
substitute House Bill No. 1 effective on July 17, 2009, provides that "the
board of trustees of any state institution of higher education, notwithstanding
any rule of the institution to the contrary, may adopt a rule providing for
mandatory furloughs of employees, including faculty, to achieve spending
reductions necessitated by institutional budget deficits."
The university recognizes that
conditions may arise which necessitate the use of voluntary or mandatory
furloughs. This rule will be applicable to nonbargaining unit faculty and all
non-bargaining unit staff. This rule sets forth the general guidelines that
will guide the implementation of mandatory or voluntary furlough leave
days.
Faculty and/or staff covered by
collective bargaining agreements will follow the provisions detailed in their
respective agreements.
(B)
Definitions
Furlough leave -is when the university
has determined that non-bargaining unit faculty and non-bargaining unit staff
can be placed into a temporary, noduty, non-pay status. Furlough leaves are
different from layoffs in that impacted employees continue working on a
reasonable regular basis, except for a temporary period without pay. Furlough
leaves can be mandatory university-wide or individuals can request to take
furlough leave on a voluntary basis.
Mandatory scheduled furlough leave
days - are leave days that have been identified by the president, or her/his
designee, as official furlough leave days, required to be taken by all
colleges, schools and divisions within an applicable fiscal year.
Voluntary scheduled furlough leave
days - are leave days, which are optional unpaid days and are therefore not
mandated by the university. These leave days require advanced approval and
should be scheduled during a time that is most operationally feasible for the
college, school or division, within an applicable fiscal year.
Annualized salary - is the
compensation an employee would be expected to earn throughout the course of a
year if the employee worked 40
forty hours a week for an entire year. The simplest
calculation for determining an annualized salary is to multiply an employee's
hourly rate by two thousand eighty hours (fifty-two weeks by forty
hours).
(C)
Procedures
(1)
Before a furlough leave is implemented, the president
or designee will perform an analysis to ensure the cost-savings
effectiveness.
(2)
If it is determined that a significant cost-savings can
be realized by the activation of a furlough leave, the president or designee
will provide campus-wide notification no later than thirty days prior to
implementation of the furlough leave, except in the event of any major
university crisis, such as a catastrophe, natural disaster or in the event of
financial exigency.
(3)
The university reserves the option to exempt any
employee earning below a designated annualized minimum salary, as determined by
the president or designee, from being required to take mandatory furlough
leave. The president or designee will communicate the minimum salary threshold
prior to the enactment of mandatory furlough leave days.
(4)
Faculty and
staff positions that are supported by a combination of funds from external
sponsors and the university's base budget will have mandatory furlough leave
days offset in accordance with the outside funding source.
(5)
Faculty and staff
positions fully supported by an outside funding source may not be required to
experience mandatory furlough leave days.
(6)
The number of days of mandatory
furlough leave shall be set at a maximum of ten days per fiscal year. Furlough
leave days for hourly employees will not exceed more than five days within a
given pay period. Exceptions may be authorized by the board of
trustees.
(7)
Impacted faculty and staff are not permitted to perform
work for Wright state university in the furloughed position while on a furlough
leave. This requirement will be strictly monitored.
(8)
No vacation, sick
leave or compensatory time will be approved in lieu of a period of mandatory
furlough leave. Additionally, paid holidays or other paid time off cannot be
substituted for furlough leave days.
(9)
Part-time employees with the
identified full-time annualized salary threshold, as determined by the
president or designee, shall be required to take furlough leave on a prorated
basis.
(10)
New employees who have six months or less service with
the university at the time of an enactment of mandatory furlough leave will be
exempted from furlough leave within that fiscal year. However, new employees
with more than six months of service with the university, at the time of an
enactment of mandatory furlough leave, who meet the annualized salary
threshold, will be required to take mandatory furlough leave
days.
(11)
Except for mandatory furlough leave days, scheduled by
the president or designee, voluntary furlough leave must be requested and
scheduled by the respective college, school or division at a time most
operationally feasible for the area.
(12)
Supervisors may
not permit hourly employees to work overtime in a week in which there is
mandatory and/or voluntary furlough leave. Overtime should not be used to
subvert furlough leave requirements.
(13)
Furlough leave days may be taken in
eight hour to four hour increments only, except for those part-time employees
whose prorated leave requirement is not evenly divisible by
four.
(14)
Non-bargaining unit faculty members may not schedule
furlough leave for times in which they are scheduled to teach except in the
event of any major university crisis.
(15)
Reduction of
retirement benefits will be experienced as a result of mandatory and/or
voluntary furlough leaves.
(16)
Employees remain
responsible for all applicable payroll deductions during a furlough
leave.
(17)
All furlough leave days shall be documented on monthly
leave reports and bi-weekly timesheets as "furlough leave" for payroll and
leave records. Leave accruals will continue with the use of a specific furlough
leave code on bi-weekly time sheets and monthly leave reports.
(18)
The Wright state
board of trustees through direction given to the president or designee has the
ability to modify this policy in instances of a major university
crisis.
(D)
Dispute resolution
Mandatory furlough leaves are final
and binding and are not eligible for dispute resolution. However, concerns with
regard to voluntary furlough leaves, should be addressed through your regular
chain of command. You may also choose to address concerns through the informal
and/or formal dispute resolution processes.
