(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 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.
Ohio Admin. Code 3352-5-13
Effective: 3/15/2018
Promulgated Under: 111.15
Statutory Authority: 3352.03
Rule Amplifies: 3352.03