Ohio Administrative Code › Title 3339 - Miami University › Chapter 3339-4 - Leave of Absence for Unclassified Administrative Staff › Section 3339-4-13 - Furlough policy

Current through all regulations passed and filed through July 1, 2024
(A)
								General
In the 2009-2011 biennial budget for
				the state of Ohio, the 128th General Assembly provided: ""the board of trustees
				of any state institution of higher education, notwithstanding any rule of the
				institution to the contrary, may adopt a policy providing for mandatory
				furloughs of employees, including faculty, to achieve spending reductions
				necessitated by institutional budget deficits." (Section 371.70.20 of Amended
				Substitute House Bill Number 1 of the 128th General Assembly)
The university's long-term financial
				stability depends on the ability to balance the operating budget each fiscal
				year. A "significant operating budget deficit" is defined as a documented
				substantial decline in the financial resources of the institution that is
				brought about by a reduction in state funding, loss of revenue from endowments
				or investments, decline in institutional enrollment, or by other action or
				events that compel a reduction in the operating budget. The fiscal priorities
				and budget planning committee (a standing committee of university senate), the
				chair of the classified personnel advisory committee, the chair of the
				unclassified personnel advisory committee, and chair of senate executive
				committee shall be consulted before a determination is made that a significant
				operating budget deficit exists and that a furlough is required. Consultation
				shall be understood to be a substantive opportunity to provide feedback before
				a determination is made. The fiscal priorities committee shall report its
				determination to university senate. University senate shall be afforded an
				opportunity to respond within the timeframe set by the president. The timeframe
				set by the president shall not be less than fourteen days from the date the
				issue was first presented to the fiscal priorities
				committee.
(B)
								Implementation
If, after consultation, the president
				reasonably believes the university is facing a significant operating budget
				deficit, a furlough may be implemented. This policy supersedes all other
				university policies and applies to all employees regardless of source of funds,
				place of work or appointment terms or status, including faculty, unclassified
				administrative staff, and non-bargaining unit classified staff (classified
				staff represented by the American federation of state, county, and municipal
				employees (afscme) bargaining unit will follow article 20 of the Collective
				Bargaining Agreement which provides for furloughs up to one hundred twenty
				days). A furlough may be implemented upon thirty days advance written notice to
				affected employees.
Employees may not be furloughed for
				more than twenty working days in any fiscal year. Furloughed employees may be
				required to take up to five consecutive working days or forty consecutive
				working hours off without pay. The president or the president's designee(s)
				will engage in timely and substantive consultation with the senate executive
				committee, university senate, and the leadership of the classified personnel
				advisory committee and the unclassified personnel advisory committee in
				planning for the implementation of a furlough. Consultation may, by necessity,
				require intense and limited periods of time for planning.
(C)
								Scheduling
Scheduling of furlough days or portions
				of days shall be the responsibilities of the president or the president's
				designee(s), but in no event will the university close completely. Furloughs
				may be implemented on a differential, intermittent, or staggered basis based on
				pay/salary level, employee classification or nature of appointment. For
				example, furloughs may take into account the essential operating and safety
				needs of the university, the availability of designated federal funding, or
				income generated by the division, department, unit, or program. Days that the
				university is normally closed or days that may not normally be work days for
				certain groups of employees (i.e., spring break and the week between December
				twenty-fifth of each year and January first of each year) may be designated as
				furlough days.
Note: classified staff represented by
				the afscme bargaining unit will follow Article 20 of the Collective Bargaining
				Agreement which provides for furloughs up to one hundred twenty
				days.
(D)
								Employee benefits and contributions while on
			 furlough
Employees may not use accrued paid
				leave during periods of furlough. The university may allocate employees'
				reduction in pay over the balance of the fiscal year for payroll purposes
				regardless of the pay period within which the furlough occurs.
(1)
									Healthcare,
			 dental care and life insurance benefits will not be affected by a
			 furlough.
(2)
									Employees' continuous Miami service, review date, and
			 employment status will not be affected by any period of mandatory
			 furlough.
(3)
									Employees will continue to accrue vacation and sick
			 leave during a furlough.
(4)
									Retirement contributions by both employees and the
			 university will be affected by furloughs as contributions are based on actual
			 earnings.
Employees remain responsible for making
				all employee contributions (i.e., healthcare, dental care, flexible spending
				accounts, and 403(b) contributions) and all miscellaneous authorized deductions
				(i.e., credit union, charitable contributions, university
				payments).
Replaces: 3339-4-13