Library: Policy

OKDHS:2-1-39. Involuntary leave without pay (furlough)

Revised 1-12-93

(a) Scope and applicability. Involuntary leave without pay (furlough) is defined as action requiring a reduction in staffing levels necessitated by a temporary decline or cessation of work activities; or by a projected failure of revenue, as certified by the Director of State Finance. Before instituting involuntary leave without pay, the Director shall certify in writing the reasons that require a reduction in staffing level, providing copies of such certification to the Governor, the Office of Personnel Management, and the Office of State Finance.

(1) Prior to actually placing employees on involuntary leave without pay, copies of such certification shall be posted in prominent places in all DHS offices, along with the official announcement of the plan for requiring involuntary leave without pay. Except as provided in (c)(1) of this Section, involuntary leave without pay shall apply uniformly to all employees of the Department without distinction among classified, unclassified, exempt or non-merit status.
(2) Employees subject to involuntary leave without pay, including those on paid leave, shall be placed on the same number of hours of involuntary leave without pay as other employees, except part-time employees shall be placed on involuntary leave without pay for the number of hours that corresponds to the percentage of time they work.
(3) These policy and procedures shall be posted in prominent places in all DHS offices.

(b) Certification (classified/unclassified/exempt service).

(1) The Director may, with the approval of the Commission for Human Services:
- (A) uniformly place all employees on involuntary leave without pay:
- (B) exempt employees earning a lesser amount of wages provided that he/she certifies that an annualized income level be established and that an absolutely uniform treatment of all employees would cause undue hardship on those employees earning a lesser amount of wages, and that absolutely uniform treatment is not necessary to meet the revenue failure; or
- (C) certify that an absolutely uniform treatment of all employees would endanger public health, safety or property, and exempt on this basis, specified employees, positions, classes or organizational units from an involuntary leave without pay action, or may place such employees on a lesser number of hours involuntary leave without pay than other employees.
(2) Specified exemptions of employees, positions, classes or organizational units shall be recommended by the Assistant Directors and approved in writing by the Director, and shall be included in the announcement implementing involuntary leave without pay.
(3) Variable additions to the base pay rate such as overtime, night differential, on-call, extra-duty-pay, etc. shall not be considered in determining the annualized wage level.
(4) Certification and announcement of implementing involuntary leave without pay shall be filed with the Office of Personnel Management and posted in prominent places in all DHS offices a minimum of five working days before any employee is placed on involuntary leave without pay.

(1) Notice. Employees placed on involuntary leave without pay shall be given a minimum of two working days written notice, including the dates and times involuntary leave without pay is to begin and end and other particulars regarding the action. No employee shall be placed on involuntary leave without pay for more than a total of 184 hours in any twelve month period.
(2) Call-back. Employees shall be subject to call back only if it is deemed necessary to protect public health, safety or property. Any employee called back to duty from involuntary leave without pay shall be paid the equivalent number of hours actually worked based upon the computed hourly rate, to be paid no later than the end of the following pay period.
(3) Cancellation. If sufficient revenues become available prior to the end of an announced Involuntary Leave Without Pay (Furlough) period, the Involuntary Leave Without Pay (Furlough) can be immediately cancelled by the Director.
(4) Annual and sick leave. Employees on involuntary leave without pay shall continue to accrue annual and sick leave as though the involuntary leave without pay had not occurred.
(5) Failure to return to work. Failure on the part of the employee to return to work, as directed in writing, from involuntary leave without pay to his or her previous work status shall be cause for discharge in accordance with Merit Rules 5.4.3 and 5.6.2.1.
(6) Appeal. Involuntary leave without pay as caused by a revenue failure is not appealable under Merit Rules 9.3.6 and 9.3.7. Involuntary leave without pay as caused by other reason and conducted under these procedures can be appealed by employees under Merit Rule 9.3.7. Employees shall be notified in writing of their appeal rights in the written notice of involuntary leave without pay in accordance with this policy and procedures.
(7) Recording. Involuntary leave without pay shall be recorded as "F" on all time/leave records. Annual leave, sick leave or compensatory leave shall not be substituted for involuntary leave without pay.
(8) Scheduling. Insofar as possible, employees being placed on involuntary leave without pay shall be allowed to select the date(s) for involuntary leave without pay so long as the selected date(s) does not interfere with delivery of services or other work to be done, and does not disrupt the continuity of operations.
- (A) For those employees who work five consecutive days per week, the involuntary leave without pay shall begin at the beginning of a regular work day and end at the close of the same regular work day. For those employees who do not work five consecutive days per week, the supervisor shall designate beginning and ending times for involuntary leave without pay.
- (B) Supervisors shall prepare a schedule of involuntary leave without pay dates in their operational units on Form P-14, (Schedule of Involuntary Leave Without Pay Dates). Such schedules shall be prepared for each pay period and shall be posted at least five working days prior to any employee being placed on involuntary leave without pay. The schedules shall be posted on all bulletin boards throughout the operational units, and a copy shall be provided to each employee being placed on involuntary leave without pay. A copy of all schedules of leave without pay dates shall be provided to the DHS or OTH Personnel Unit.