STATE OF LOUISIANA

DEPARTMENT OF STATE CIVIL SERVICE

BATON ROUGE, LOUISIANA

 

February 2, 2006

 

 

General Circular No. 001647

 

To:                   Heads of State Agencies and Human Resource Directors

 

Subject:            Proposed Amendment to Rule 17.8 Furlough Without Pay

 

Issue Date:       February 2, 2006

 

 

The Civil Service Commission will consider the following amendments to Rule 17.8 at its meeting on March 8, 2006.

 

Amend Rule 17.8 Furlough without Pay

 

When an appointing authority determines it is necessary to furlough employees in order to avoid or reduce layoffs, his request is subject to the following:

 

(a)  No change

 

(b)  No change.

 

(c)  No change

 

(d)  When the Commission or Director determines that extraordinary circumstances exist, they may approve an extension of furlough beyond 450 hours.  If any employees are recalled during this extended furlough period, the employee with the most state service for a given job title shall be recalled first.  If such position requires specific licensure or certification the employee with the most state service who meets those requirements shall be recalled first. 

 

 

Explanation

 

Following Hurricanes Katrina and Rita, agencies have needed to use the furlough without pay as a mechanism to remove employees from their payrolls until such time as a formal layoff plan could be submitted, approved and implemented. Current rules impose specific time limits on the number of hours an employee can be furloughed.   We have found that, under the current extraordinary circumstances, these limits do not always allow adequate time to implement the formal layoff process, particularly with regard to notifications and displacement offers.  An emergency rule to address this matter was passed by the Civil Service Commission at its January meeting. 

 

We now propose this addition to the layoff avoidance rules on a permanent basis.  The goal is to implement any necessary layoff as rapidly as reasonably possible without the potentially unrealistic time constraints required by the current rule.  Extensions beyond 450 hours would be approved only under conditions that the Commission or Director has determined to be extraordinary and would be approved for the shortest possible period of time.  Because this rule would be an addition to the existing layoff avoidance measures, the Director would have the authority to approve, disapprove or refer plans directly to the Commission for consideration under Rule 17.2(a).  Our intent is that the Director could grant approval to a request for extension under the new rule only for the period of time prior to the next regularly scheduled Commission meeting.  The Commission could approve any further extension. 

 

The rule requires agencies using the extraordinary furlough extension to recall employees on the basis of seniority. The only exception to the seniority basis for recall would be if a particular position required a specific license or certification.  In such a case, the most senior employee possessing that requirement would be recalled first. 

 

Persons interested in making comments relative to these proposals may do so at the public hearing, or by writing to the Director of State Civil Service at P.O. Box 94111, Baton Rouge, Louisiana 70804-9111. 

 

If any accommodations are needed, please notify us at (225) 342-8272 prior to the meeting. 

 

Sincerely,

 

 

 

s/Anne S. Soileau

Acting Director