Kan. Admin. Regs. § 1-14-11 - Furlough
(a) For purposes of this regulation,
"furlough" shall mean mandatory leave without pay for a preset number of hours
during each pay period covered by the furlough. There are two types of
furloughs.
(1) An administrative furlough is a
planned action by an agency that is designed to address budget reductions
necessitated by reasons other than a lapse in appropriations. A furlough plan
shall be required for each administrative furlough.
(2) An emergency furlough occurs if there is
an immediate or imminent lack of funding to continue agency operations or any
emergency that results in an unanticipated interruption of funding to the
agency. In an emergency furlough, an affected agency could have to cease
activities that are not excepted by law, typically with very little lead time.
A furlough plan shall not be required for any emergency furlough.
(b) In accordance with this
regulation, if an appointing authority deems it necessary, the appointing
authority may implement an administrative furlough or an emergency furlough for
all employees in the classified or unclassified service in designated classes,
positions, organizational units, geographical areas, or any combination of
those groups unless specific funding sources necessitate exceptions. An
employee's social security and retirement contributions shall be affected under
a furlough, but all other benefits, including the accrual of vacation and sick
leave, shall continue, despite any other regulations to the contrary. A
furlough shall not affect the employee's continuous service, length of service,
pay increase anniversary date, or eligibility for authorized holiday leave or
pay.
(c)
(1) For each administrative furlough, at
least 30 calendar days before the date the administrative furlough is to be
implemented, the appointing authority shall prepare a furlough plan specifying
the following information:
(A) The cause of
the funding shortage;
(B) the
effective date of the furlough and the date on which the furlough is to
end;
(C) the methods for notifying
the affected employees;
(D) the
amount of advance notice that will be given to affected employees, which shall
not be less than 10 calendar days;
(E) the estimated cost savings;
(F) each class, organizational unit, or
geographical area to be affected;
(G) the criteria used to select each class,
position, organizational unit, or geographical area to be included in the
furlough;
(H) any exceptions to the
furlough plan based on funding sources; and
(1) the number of hours by which the workweek
will be reduced, including separate categories detailing the proposed reduction
in hours by standardized increments for exempt and nonexempt
employees.
(2) A copy of each
furlough plan prepared in accordance with this subsection shall be submitted to
the director at least 30 days before the date the administrative furlough is to
be implemented.
(d) For each emergency furlough, the affected
employees and the director shall be notified by the appointing authority as
soon as it is practical to do so.
(e) This regulation shall not be used as a
disciplinary action against any employee.
Notes
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