3.08 Furlough (Temporary Leave Without Pay Status)

Last Revised: 10 Oct 2019

Refer Questions to: Executive Director, Human Resources

Scope

This policy applies to all employees in all offices and divisions of Gallaudet University, unless specifically covered by collective bargaining agreements made between Gallaudet University and certified bargaining agents.

Policy

The President, with approval of the Board of Trustees and in consultation with the Office of General Counsel (“OGC”), may institute a full or partial shutdown of programs and services and as a result temporarily place employees on leave without pay status (furlough) to preserve the financial well-being of the institution. The President will determine the duration of any furlough. Furloughs will be conducted in a manner that is fair and is sensitive to the mission of the University and in compliance with any applicable legal requirements and when applicable, the University Faculty Handbook. The President will typically follow the guidelines below, but may deviate when necessary in the interests of the University.

1. Full Shutdown
   Every effort will be made to avoid a full shutdown that necessitates wide-spread furloughs. However, in the event of a full shutdown, all employees, except those specifically designated as essential to safeguard and maintain the resources of the University, will be temporarily furloughed.
2. Partial Shutdown
   In the event of a need for a partial shutdown affecting only segments of the campus that necessitates furloughs, the President will take into consideration the following:
   1. Available Funding: The availability of designated Federal funding and income generated by the division, department, unit, office or program to maintain its operation or other critical programs and services.
   2. Critical Programs and Services: The programs and services, or portions thereof, central to fulfilling and supporting the primary mission and goals of the University. The President, in consultation with administrative officers, will determine which programs and services are critical. Faculty officers and other appropriate faculty representatives will participate in deliberations regarding critical academic programs.
   3. Program and Service Personnel Needs: The number and types of faculty, teachers, and staff necessary to maintain critical programs and services. The President, in consultation with administrative officers, will determine which employees are necessary.

Within programs and services, short-term temporary, adjunct, substitute, and on-call employees will usually be furloughed first, followed by extended temporary employees and then regular status employees.

Employees specifically assigned to a project funded by a grant may be exempt if a furlough would jeopardize fulfillment of the conditions of the grant.

3. Intermittent or Staggered Furloughs
   The President may effect leave without pay status for any classification of employee in any funding category and in any division, department, unit, office, or program. Such a furlough will typically be arranged so that all or critical programs and services can remain in operation.
4. Any Other Furlough Not Covered by 1, 2, or 3 Above
   The President may effect any other furlough arrangement necessary to safeguard and preserve the financial well-being of the institution.

Approved by: Gallaudet University Board of Trustees

Procedures

1. The administrative officer will notify affected employees in writing of the furlough, the schedule, and the anticipated duration if known.
2. Once a furlough has ended, affected employees will usually be reinstated to the position held at the time of the furlough. However, a furlough does not prevent the University from realigning or reassigning its resources or from taking additional action to preserve the financial well-being of the institution. If a reorganization or restructuring of an academic department is being considered during a furlough, the provisions of the University Faculty Handbook will be followed. Furloughed employees in departments being considered for reorganization or restructuring will be notified. Further, reinstatement is not a guarantee that conditions of employment will remain unchanged. If a temporary appointment terminates during the period of the furlough, the employee has no reinstatement privileges.
3. A furlough has no effect on length of service with the University.
4. The President will announce decisions regarding reinstatement of salary/employment. Options may include the retroactive substitution of paid leave or the make up of work days missed.
5. Unless enrollment is canceled, benefits remain in effect while an employee is on furlough to the extent permitted by the benefit plans (leave without pay status). However, employees who are on leave without pay status, or when their salary is insufficient to cover the required withholdings, are responsible for the employee share of all payroll deducted obligations including health insurance premiums. Arrangements for payment of premiums should be made with the Payroll Office. If an employee should separate from service or fail to satisfy the debt, amounts due are collected through any lawful sources available. Employees should contact the Benefits Office for additional information regarding benefits while on leave without pay.
6. An employee who is on leave without pay status is not eligible to accrue sick leave or annual leave (staff), to receive holiday pay, or to substitute other types of leave.
7. For additional conditions regarding leave without pay status, refer to the Leave Without Pay policy.