N.J. Admin. Code § 4A:6-1.23

Current through Register Vol. 56, No. 19, October 7, 2024

Section 4A:6-1.23 - Voluntary furlough program

(a) The purpose of a voluntary furlough program is to lessen the need for reductions in force by allowing employees in the career, senior executive or unclassified services to take up to 30 days off from work without pay in a calendar year, with accrual of leave time, anniversary dates and seniority treated as if the employee is in pay status.

(b)In local service, an appointing authority may establish a voluntary furlough program, which may differ in detail but which shall be consistent with the purpose of this section, with approval of the Chairperson or designee.

1. The appointing authority shall submit to the Chairperson or designee, through the appropriate regional office, a voluntary furlough program proposal no later than 30 days before the planned implementation of the program. The proposal shall specify departments to be affected, employees or titles to be affected, include a summary of consultations with affected negotiations representatives concerning the program and name the voluntary furlough program administrator for the appointing authority.

2. The appointing authority shall not implement a voluntary furlough program unless the program has been approved by the Chairperson or designee.

3. The appointing authority shall retain all records concerning implementation of an approved voluntary furlough program subject to an audit by a representative of the Civil Service Commission.

4. The appointing authority may suspend or terminate the voluntary furlough program at any time upon 30 days written notice of such suspension or termination to the Commissioner, all affected employees and labor negotiations representatives.

(c) An employee who wishes to participate in the program shall request, in writing, approval for such participation from the appointing authority.

1. The employee shall not be permitted to take the voluntary furlough until the employee has received approval by the appointing authority.

2. The manner in which the employee proposes to use the voluntary furlough shall be contained in the request, may be the equivalent of no more than 30 work days in a calendar year, and may consist of one or more of the following:

i. Shorter work days;

ii. Intermittent days off; or

iii. Consecutive days off.

3. An appointing authority may deny an employee the opportunity to participate in the program if it determines that such participation would be detrimental to the public health, safety or welfare or would result in increased costs to the appointing authority due to increased overtime, the need to appoint additional employees or the loss to that appointing authority of anticipated revenue.

4. An employee shall not be permitted to use a voluntary furlough for any of the following purposes:

i. As sick leave;

ii. As a leave without pay due to disability; or

iii. To seek or engage in alternate employment.

5. When an employee uses voluntary furlough or furlough extension leave for a purpose covered by the New Jersey Family Leave Act (FLA) or the Federal Family and Medical Leave Act (FMLA) and the employee is eligible for coverage under the FLA or FMLA, the voluntary furlough or furlough extension leave shall be recorded as FLA leave, FMLA leave, or both, as appropriate.

(d) An employee who wishes to extend a voluntary furlough beyond 30 days may request up to 60 days' furlough extension leave without pay. This furlough extension leave shall be taken in blocks of 10 work days, which need not be consecutive.

1. During furlough extension leave, accrual of leave time, anniversary dates and seniority shall be treated as if the employee is in pay status. The employee may continue health benefits by paying the full premium amount (employer's and employee's share) for the furlough extension's days in accordance with the regulations of the State Health Benefits Commission.

2. Furlough extension leave may be used for education or family care needs only.

3. Requests for furlough extension leave are subject to the approval of the appointing authority and the Chairperson or designee.

(e) An employee on a voluntary furlough or furlough extension leave shall continue to accrue leave time as if the employee is in pay status. See 4A:6-1.2 (vacation leave), 4A:6-1.3 (sick leave) and 4A:6-1.5 (vacation and sick leave adjustments).

(f) In State service, the anniversary date of an employee on a voluntary furlough or furlough extension leave shall be unaffected by the employee's participation in the program. See 4A:3-4.6.

(g) The seniority of an employee on a voluntary furlough or furlough extension leave shall be unaffected by the employee's participation in the program. See 4A:4-2.1 5 (seniority in rating of examinations) and 4A:8-2.4 (seniority in layoffs).

(h) An employee serving in a working test period who is participating in the program shall have the working test period extended for the period of time equal to the voluntary furlough or furlough extension leave. See N.J.A.C. 4A:4-5.

(i) In State service, an employee on a voluntary furlough or furlough extension leave on the day before a holiday shall receive pay for the holiday as long as he or she is in pay status during the pay period in which the holiday falls. See 4A:6-2.4.

(j) See 17:9-4.2, 8.3 and 9.1 for State health benefits coverage during a voluntary furlough.

(k) Once an employee has used the equivalent of 30 days for a voluntary furlough and the equivalent of 150 days for a furlough extension leave in a calendar year, the employee shall not be permitted to take a leave without pay unless it is approved by the appointing authority in accordance with N.J.A.C. 4A:6-1.10.

1. For any leave without pay approved by the appointing authority in accordance with 4A:6-1.1 0 after the employee has taken a voluntary furlough and furlough extension leave, the rules on leave time, anniversary dates and seniority with respect to leaves without pay shall apply. See 4A:6-1.2 (vacation leave), 1.3 (sick leave), 1.5 (vacation and sick leave adjustments); 4A:3-4.6 (anniversary dates); and 4A:4-2.1 5 (seniority in rating of examinations) and 4A:8-2.4 (seniority in layoffs).

(l) During the COVID-19 Public Health Emergency, an appointing authority may implement a voluntary furlough plan subject to the following terms and conditions:

1. An appointing authority that seeks to participate in the program as an alternative to layoffs in accordance with N.J.A.C. 4A:8-1.2(c)2 due to the COVID-19 pandemic shall request, in writing, approval for such participation in the program from the Chairperson or designee. An appointing authority shall not be permitted to utilize voluntary furlough as an alternative to layoffs due to the COVID-19 pandemic until it has received approval from the Chairperson or designee.

2. The voluntary furlough plan implemented as an alternative to layoffs may provide for both an initial furlough period of 30 days and an extended furlough period of up to 150 days for a total of up to 180 days of voluntary furlough.

i. The voluntary furlough program under this provision, including extended furlough period, upon approval of the Chairperson or designees, may also provide that employees work shorter work days, intermittent days off, or consecutive days off.

3. The voluntary furlough plan implemented as an alternative to layoffs may provide that the affected employees may continue employer-sponsored health benefit coverage, with the employer and employee each continuing to pay the premium costs as if the employee were an active employee.

4. The requirement at (d)2 above that furlough extension leave be used only for education or family care needs is temporarily suspended for employees taking voluntary furlough in lieu of layoff under the provisions of this section.

N.J. Admin. Code § 4A:6-1.23

Amended by 48 N.J.R. 2775(b), effective 12/19/2016

Modified by Executive Order No. 103(2020) 52 N.J.R. 1249, effective 5/20/2020

Modified by Executive Order No. 103(2020) 52 N.J.R. 2037(a), effective 9/30/2020.