July 7 Memorandum of
Agreement FAQs
If this agreement is not ratified, can my institution impose 10 furlough days and/or freeze my wages?
If the agreement is not ratified, then any institution can issue however many furlough days it feels is needed as well as a wage and step freeze in order to comply with the State budget requirement. The institutions could and probably would do this in order to avoid a 5.25% cut in their State appropriations. For example, Kean University could implement its proposed 12 furlough days and WPUNJ could implement its proposed 10 furlough days as each had previously announced.
I am a professional staff member and work for IRT. My workload varies daily depending on what crises I have to deal with in addition to my regular duties. This makes it difficult to plan which furlough days to take off in advance. If I have my supervisor’s approval, is there any way I can avoid scheduling in advance the unpaid furlough days prior to the October 1, 2009 deadline as required in paragraph B(4) and just use the 6 days individually or in combination when my workload allows, also with my supervisor’s approval?
You still must schedule the furlough days prior to October 1. If a problem develops later because your supervisor needs you on one of the scheduled days, then that day can be rescheduled. You certainly would not want to be in a position that you ended up taking all of the furlough days within one or two pay periods because your take home pay would be reduced too much, unless the administration would agree to spread the deductions out over a longer period of time.
I am currently on unpaid medical leave of absence and am not sure when I will be allowed to return to work (I expect it will be prior to the end of this calendar year). Paragraph B(6) recognizes this but does not clarify what needs to be done if I am not back at work prior to October 1, 2009. Could you please explain what the procedure would be?
There are too many variables as to when you would return to work to provide an exact answer. However, for example, if you returned to work in November, then it might be possible to reduce the furlough days required on a pro rata basis. The best answer is that in these circumstances the Council will work with the Governor’s Office of Employee Relations to obtain a satisfactory resolution of these kinds of situations if you were not able to do resolve the issue at the local level.
With regards to paragraph B (5), if a significant number of employees choose to take the day before and/or after a holiday as an unpaid furlough day off, is there any chance the University will close for that day citing lack of personnel, cost effectiveness, or other reason, thereby forcing the other employees to use a vacation, unpaid furlough, or other type of day off? I’m not 100% sure if this is resolved by paragraph B (2).
This is a highly unlikely scenario….but if it happened, we take the position (as we have taken for the day after Thanksgiving in the past 2 years) that you cannot be required to use vacation days, sick days or any other time due to you for this kind of situation. You can use an unused remaining furlough day for this kind of situation. Any other type of total closing after this year (which they now cannot do for FY 09-2010 because of the MOA) requires the 190 day notice (180 days for professional staff) clause in our agreement.
I am a 10 month faculty member. Can I request/take furlough days in August 2009 and thus only take a loss of some summer/overload pay?
No to furloughs for summer/overload pay for August summer session. This is outside of your 10 month full-time employment.
However you can take furlough days later in August as long as your 10 month employment period for the fall semester begins in August. A furlough day can be scheduled commencing with the start of your fall semester duties.
As a faculty member, can I take furlough days in early September, before the first full pay period and thus before a step increase to minimize the daily rate of my furlough salary deduction?
There is nothing to prevent you doing so as long as you can get the dean's approval. But remember, canceling a class is not an option. You also may not want to take as big a salary deduction for that pay period by using several furlough days.
Can a furlough day be scheduled on the day before a paid State holiday or in conjunction with paid leave?
Yes, furlough days may be scheduled on the day before a designated paid holiday without the loss of holiday pay for the employee. Furlough days may be scheduled in conjunction with paid leave.
Can I request to use a furlough day on a State holiday?
Yes, SDF days may be requested and scheduled on State holidays; however you will not be paid for the holiday.
May I request more than one furlough day in a week?
Yes. Supervisors and managers may approve, at the express and written request of the employee, and subject to operational needs, multiple furlough days, including consecutive furlough days. Selection of multiple furlough days in one week is a voluntary choice made by the employee.
What happens if I do not request to schedule all of my required SDF days?
If you do not request and schedule your required furlough days by the dates indicated, your manager or supervisor will meet with you to schedule them. If you and your manager or supervisor do not agree upon the scheduling of the furlough day(s), or if the meeting cannot be conducted due to your unavailability, your manager or supervisor will select the furlough day(s) to be served, with at least seven days notice to you.
If I separate (retire, resign, etc.) from State service prior to June 30, 2010, am I still required to take furlough days?
Your seven unpaid furlough leave day requirement will be prorated for the amount of time you work in FY2010. Your agency’s Human Resource office will advise you of your unpaid furlough leave day requirement.
I have been on medical leave since January 2009. I have recovered to a large extent but my doctor has recommended that I work half time in fall 2009, which is what I will be doing. So, I will be getting my half pay from sick pay during the fall semester. Do you know how the proposed furlough MOA would impact me? Would it better for me to take all my furlough days in the fall?
If you are teaching the entire semester at ½ load and ½ pay, for any furlough days taken during that period the furlough day reduction would be based on that salary.
Will the salary reduction for taking the 7 furlough days be averaged out over the year, or will the bi-weekly paycheck be reduced if one took a furlough day during that particular two-week pay-period?
The salaries are not averaged out over the year. The reduction will occur in the particular pay period of your choosing (with supervisor’s approval). If your administration agrees that the payroll deduction can be made in a different pay-period other than the one in which you took the furlough day, we don’t believe it would be a problem.
How do I charge time for furlough days taken during the four day work week periods?
If an employee takes a furlough day during the four day work week the employee must charge one furlough day and ¼ of admin, comp or vacation time
For part-time staff, what is the required furlough leave - 3.5 days or 3 days?
The amount of time a permanent part-time employee must take off for the mandatory unpaid furlough will be pro-rated based on the employee’s assigned part-time percentage (e.g., 50%, 60%) of a full-time equivalency (FTE). Your campus Human Resource office can provide further guidance regarding your total mandatory unpaid furlough leave obligation for FY 2010.
I will be on a full year’s sabbatical leave beginning in the Fall 09 semester. Do I have to designate my choice of unpaid furlough days to my dean by October 1, 2009? At what rate will my unpaid days be calculated – my regular full salary or at my 75% reduced salary?
Anyone on sabbatical this academic year (09-10) must still designate to their dean which 6 furlough days they are choosing for unpaid furlough days prior to October 1, 2009. The day after Thanksgiving is the seventh furlough day. The furlough day pay deduction will be based on your 75% pay status if you are on a full year sabbatical. Faculty on a semester sabbatical will have their furlough day pay deduction at their full rate of pay.
One of our members is going out on maternity leave on or about August 21th. She will be on family leave until November 11. From November 16 through the holidays, she will be coming in two days per week, and utilizing vacation time for the other three days each week. How will furlough days be applied to her situation?
Paragraph B.6. of the MOA relates to unusual circumstances regarding utilization of furlough days for this kind of situation. Resolution is on a case by case basis between AFT and the College/University. If unresolved at that level, the Governor’s Office of Employee Relations can address the situation.
If I separate (retire, resign, etc.) from State service prior to June 30, 2010, what happens to my Paid Leave Bank (PLB)?
At the time an employee retires, resigns or is otherwise separated from State service, either voluntarily or involuntarily, any accrued days in an employee’s PLB bank will be paid at his/her salary rate at the time of separation.
If an employee dies prior to leaving State service with accrued, unused PLB days, compensation for any accrued, unused PLB days will be calculated at his/her salary rate at the time of death, and paid to his/her estate.
Am I covered for workers comp or temprary disability if I go onto campus to check on a lab or do research?
We strongly recommend that you not go to your workplace on a furlough day. You are in an unpaid status while on your furlough days and State law for workers comp or TDI does not cover your activities If you are injured when you go to work or your workplace. These kinds of activities have been adjudicated on a case by case basis in the past and there is no guarantee that you would prevail for coverage if injured.
