Rule 3341-1-10 | Furloughs.
(A) Policy statement and purpose
The board of trustees is authorized to do all things necessary for the proper maintenance and successful and continuous operation of Bowling Green state university. Pursuant to section 371.70.20 of 2009 Am. Sub. H.B. No. 1, and notwithstanding any rule of the institution to the contrary, the board of trustees may adopt a policy providing for mandatory furloughs of employees, including faculty, to achieve spending reductions necessitated by institutional budget deficits. The purpose of this policy is to set forth the general standards for mandatory employee furloughs that may be implemented to address an actual or projected operating budget deficit resulting from a reduction in state funding, a decline in enrollment, or another loss of revenue. In addition, this policy addresses emergency furloughs that may be declared in response to the total or partial closure of the university.
(B) Policy scope
This policy applies to all university employees and supersedes other university policies and practices, provided, however, that employees covered by a collective bargaining agreement will be subject to the terms of the applicable agreement.
(C) Policy definitions
A "furlough" is an unpaid leave of absence from work for a specified period of time. An employee may not do work for the university or use paid leave while on furlough. The university may allocate the employees reduction in pay over the balance of the fiscal year regardless of the pay period or periods in which a furlough occurs. Furloughs for part-time employees will be on a pro-rata basis.
A furlough is not a layoff. A furloughed employee in the classified civil service has no displacement rights.
(D) Employee benefits and contributions while on furlough
Health care, dental care, vision, long-term disability, and life insurance benefits will not be affected by a furlough. Employees will continue to accrue vacation and sick leave during a furlough.
An employees continuous service credit, review date, and employment status will not be affected by any period of mandatory furlough.
Retirement plan contributions by both employees and the university will be affected by a furlough because contributions are based on actual earnings. FMLA eligibility may be affected because it depends on hours of service.
While on furlough, employees will remain responsible for making all employee contributions (such as health, dental, and other insurance payments, flexible spending accounts, and 403(b) or 457 plan contributions) and all miscellaneous authorized deductions (such as charitable contributions, payments to the university, and child support).
(E) Policy
A furlough may be necessitated by the following circumstances:
(1) Budget deficit
If the president determines that the university is facing an operating budget deficit that is so significant as to necessitate employee furloughs to achieve a balanced budget, a mandatory furlough plan may be implemented in accordance with this policy. In making this determination, the president may consider any relevant actions, declarations, or announcements by the federal and/or state governments.
(2) Emergency conditions
The president, in consultation with the board of trustees, may declare an emergency furlough pursuant to an infectious disease operations plan or similar emergency management plan.
(F) Implementation procedures
(1) The president may adopt a furlough plan that will set forth the amount of furlough time and the period in which it must be taken. The plan may consist of university-designated furlough days, furlough days chosen by the employee with the approval of their supervisor, or a combination of these. Employees may not be furloughed for more than twenty working days in any fiscal year without prior approval of the board of trustees.
Furloughs may be based on employee pay or salary level, classification, or nature of employment; and may take into account the essential operating and safety needs of the university.
To the extent practicable, the university will give employees advance notice of at least one month before requiring any furloughs.
(2) Exclusions
An employee working for the university under an H-1B visa will not be subject to furlough.
Work/study students, graduate assistants, and student workers will not be subject to furlough.
The university may exempt from furlough those employees earning less than a minimum annualized salary, as determined by the president.
Supplemental Information
Amplifies: 3345