Section 27-110-7.3.1 - FurloughA furlough, or an involuntary leave without pay, may be implemented when such action is necessary to temporarily reduce expenditures to avoid a deficit of funds.
A. Provisions for Implementation of Furlough (Involuntary Leave without Pay) The MSPB furlough policy shall apply uniformly to all executive and subordinate employees within an agency, regardless of job class. MSPB shall review furlough plans only upon written certification of a general funds shortage from the Department of Finance and Administration or written certification of a special or federal funds shortage from the agency. MSPB shall ensure that any furlough plan complies with all applicable policies, rules, and regulations of MSPB.
Such furlough leave for the purpose of reducing expenditures shall be based on the agency head's determination that:
1. Funds on hand or funds to be received during the current fiscal period will be inadequate to effectively discharge the agency's responsibilities without recourse to reductions-in-force; or2. It is necessary to accrue funds by reducing current payroll expenses so that reductions-in-force or more extensive furloughs may be minimized or avoided.B. When instituting a furlough, the agency head shall abide by the following rules and regulations: 1. Before instituting furlough leave, an agency head shall develop an equitable and systematic plan for implementation of an agency-wide furlough stating the reasons that require this action. Such plan and subsequent furlough action must be submitted to MSPB for review and approval prior to implementing such leave.2. Such a plan shall apply uniformly to all employees in the agency, regardless of status or funding source unless prohibited by law, loss of federal funds, or inability to continue a federally mandated program; however, agency heads may request MSPB for an exemption from the loss of federal funds provision. All employees, including those on paid leave, shall be placed on an equivalent number of hours of leave without pay. A proportionate number of hours shall be applied to part-time employees. However, an agency head may, with the approval of the MSPB Executive Director, make such leave subject to early cancellation or periodic callback on a case-by-case basis to protect public health, safety, or property or to ensure operations of critical agency functions. The plan and the employees' notice of leave shall describe the reasons for and conditions of the provision. Agency heads who are elected and whose salary is set by Mississippi Code Annotated § 25-3-31 are not subject to an agency furlough.3. Employees placed on furlough leave shall be given prior written notice, advising the employee of the particulars regarding the action, including the dates and times furlough leave is to begin and end.4. While on furlough leave, an employee shall not accrue personal and major medical leave for that portion of the employee's salary funded by the restricted funds. Additionally, personal, major medical, and compensatory leave shall not be taken in lieu of furlough leave.5. During furlough leave, group health and life insurance benefits funded by the State will continue for employees who remain qualified in accordance with the eligibility criteria as set forth in the group health and life insurance plan approved by the Health Insurance Management Board. An employee will continue to pay for dependent insurance coverage as well as other insurance premiums paid by the employee.6. During furlough leave, employees classified as Exempt employees, in accordance with U.S. Department of Labor regulations promulgated pursuant to the Fair Labor Standards Act of 1938, as amended, lose their exemption for the workweek in which the furlough occurs. See 29 C.F.R. § 541.5d(3)(b).7. Once the funds have been restored, the agency head shall implement, on an equitable and systematic basis, the recall of furloughed employees. Failure on the part of an employee to return from furlough leave to his or her previous work status as directed in writing shall be cause for discharge.8. Involuntary leave without pay conducted under this policy shall not be grievable.9. For provisions regarding implementation of furlough of federally funded employees due to the restricting or limiting of federal funds, see Section C below.C. Provisions for Implementation of Furlough of Federally Funded Employees (Involuntary Leave Without Pay) Mississippi Code Annotated § 25-9-126 authorizes furloughs of federally funded employees as follows:
In the event that federal funds for the funding of programs of any state agency shall be restricted or limited, the administrative board of such agency or agency administrative head shall have the authority to furlough rather than dismiss employees in accordance with rules and regulations established by MSPB.
When instituting such a furlough, the administrative board or agency administrative head shall abide by the following rules and regulations:
1. The restriction or limiting of federal funds must be certified in writing by an agency of the federal government, or be an indisputable fact (as in the failure of the United States Congress to pass funding legislation for the federal fiscal year.)2. The administrative board or agency administrative head shall develop an equitable and systematic plan of furlough and shall administer it uniformly to all executive and subordinate employees, without regard to status, whose positions are funded by the federal funds being restricted or limited. Employees whose positions are funded only in part by federal funds may be placed on part-time duty to exclude the obligation and expenditure of federal funds.3. Within forty-eight hours of implementation of the furlough plan, the administrative board or agency administrative head shall notify the MSPB Executive Director in writing of the furlough and shall include the reasons and the plan for implementation.4. Employees placed on such furlough leave shall be given prior written notice, advising the employee of the particulars regarding the action, including the dates and time furlough leave is to begin and end.5. While on furlough leave, an employee shall not accrue personal and major medical leave for that portion of the employee's salary funded by federal funds. Additionally, personal, major medical, and compensatory leave shall not be taken in lieu of furlough leave.6. During furlough leave, group health and life insurance benefits funded by the State will continue for employees who remain qualified in accordance with the eligibility criteria as set forth in the group health and life insurance plan approved by the Health Insurance Management Board. An employee will continue to pay for dependent insurance coverage as well as other insurance premiums paid by the employee.7. Once the restrictions have been lifted and/or the funds restored, the administrative board or agency administrative head shall implement, on an equitable and systematic basis, the recall of furloughed employees. Failure on the part of an employee to return from such leave to his or her previous work status as directed in writing shall be cause for discharge.8. The administrative board or agency administrative head may make such furlough leave subject to early cancellation or periodic call-back on a case-by-case basis to protect public health, safety, or property, or to ensure operations of critical agency functions only upon approval by the federal agency of the obligation and expenditure of federal funds.9. Involuntary leave without pay conducted under this policy shall not be grievable.27 Miss. Code. R. 110-7.3.1