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Seton Hall University

Furlough Policy

Purpose

As necessitated by financial emergency, including revenue shortfalls, caused by events such as a natural disaster, pandemic and/or sudden, dramatic and unexpected conditions outside the control of Seton Hall University, the operational needs of the University may change and it may become necessary to implement furloughs as one cost-saving measure. Furloughs will be conducted in a manner that is fair and consistent with the mission of Seton Hall University and the University will continue to take responsible steps to address its economic and operational circumstances. The purpose of this policy is to establish the general plan and procedures for furloughs.

Scope

This is a University wide policy and will apply to all full and part time administrators and staff, unless specifically covered by a collective bargaining agreement between the University and its unions. This policy does not apply to priests, faculty or graduate assistants, research assistants or teaching assistants.

Definitions

Furlough is the placement of an employee in a temporary leave without pay status for a specified number of hours or days within a specified time frame. A furlough may consist of (a) reduced number of work hours in a day with proportionate reduction in pay; (b) reduced number of workdays in a week with proportionate reduction in pay; or (c) specific days off without pay. A furlough is not a layoff or reduction in force.

Policy

A. Non-Discrimination Policy

Selection of employees to be furloughed shall be non-discriminatory. Age, gender, disability and/or handicap, race, color, religion, national origin, nationality or ancestry, affectional or sexual orientation, gender identity and expression, pregnancy, veteran status or military service, marital status, domestic partnership or civil union status, status as a domestic violence victim, arrest status, AIDS and/or HIV status, atypical hereditary cellular or blood trait, genetic information or membership in any other class protected by state or federal laws, now or in the future, shall not be considered in identifying an employee for a furlough or in implementing a furlough.

B. Criteria for Furloughs

1.  Employees who hold positions that the University determines are not essential during the time of financial emergency to fulfill and support the mission and goals of the University will be considered for furlough.

2.  Employees who the University determines are not able to perform their core duties on a remote basis during the time of financial emergency will be considered for furlough. As a general guide, an employee who cannot perform at least 50% of their core job duties, as determined by the University, will be considered for furlough. The University may combine the duties of two or more positions in an effort to minimize furloughs or enhance efficiency.

C. Procedures

1.  Vice Presidents shall consult with appropriate supervisors within their division to identify employees who are eligible for consideration for furlough in accordance with the criteria set forth in Section IV, Paragraph B. Each Vice President shall prepare a list of employees proposed for furlough within their division, specifying for each employee their job duties and justification for the recommended furlough. In addition, the Vice President shall prepare a list of employees in the same job classifications not being considered for furlough with the same relevant information.

2.  Each list shall be submitted to an ad hoc committee comprised of the Associate Vice President for Human Resources ("AVPHR"), the Chief Equity, Diversity and Compliance Officer ("CEDCO") and the Vice President for Finance. The committee shall review the list of affected employees to ensure compliance with the established criteria, ensure non-discrimination and analyze the impact of each recommended furlough. The committee may seek additional information and confer with the Vice Presidents, supervisors or other appropriate administrators as needed.

3.  The recommendations by the Vice Presidents, as reviewed by the ad hoc committee, shall be submitted by the AVPHR to the Executive Vice President for Operations who shall present it to the President and Executive Cabinet for review and final action. Upon approval by the President, the approved furloughs will be implemented.

4.  It is imperative that these lists and any discussions related thereto remain strictly confidential.

D. General Terms

1.  No employee on furlough is permitted to work on Seton Hall matters during furlough days or furlough hours nor is an employee permitted to work overtime hours during the week in which furlough days or furlough hours are taken.

2.  In the event a furlough is deemed necessary, the effective dates and the terms and conditions of the furlough will be communicated to employees as soon as possible.

3.  Benefits

a. An employee's mandatory retirement contribution, as well as the University's matching contribution, shall be affected under a furlough to the same extent as all other employees.

b. Unless enrollment is canceled, all furloughed employees will retain all of their other current University medical, dental and vision benefits, and the University will pay both the employer and employee portions of their non-elective insurance premiums during the furlough.

c. An employee shall not be permitted to use vacation or sick time during a furlough. A furlough will not affect an employee's continuous service, length of service or eligibility for authorized holiday pay. A furloughed employee will continue to earn sick and vacation time during the furlough and such time accrued during a furlough will be exempt from any limits established by the University. Holiday pay will not be paid to an employee on furlough, but upon return to work, the employee shall receive pay for any holidays that occurred during the furlough. Employees on furlough shall continue to accrue float holidays which must be used between the date of return to work and the end of the next calendar year.

d. Tuition remission and tuition exchange benefits and accrued leave balances will continue to be maintained while employees are temporarily furloughed. Affected employees may choose to apply for unemployment compensation benefits to which they may be entitled depending on individual circumstances.

4.  Once a furlough has ended, affected employees will usually be reinstated to the position held at the time of the furlough. However, a furlough does not prevent the University from realigning or reassigning its resources or from taking additional action to support its mission and goals. Furloughed employees in departments which are reorganized or restructured will be notified. Further, reinstatement cannot be guaranteed and reinstatement is not a guarantee that conditions of employment will remain unchanged. If a temporary appointment terminates during the period of the furlough, the employee has no reinstatement privileges.

5.  Implementation of furloughs for grant-funded employees will be accomplished in accordance with the provisions of the grant.

6.  Furloughs in accordance with this policy are not disciplinary actions.

Related Policies

Responsible Offices

  • Department of Human Resources
  • Office of the President

Approval

Approved

This Policy was approved by President Joseph E. Nyre, on the recommendation of the Executive Cabinet, on April 20, 2020. This Policy was ratified by the Finance Committee of the Board of Regents on April 22, 2020.

Effective Date

April 22nd, 2020