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  1. #1
    Join Date
    Jun 2008
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    23

    Default Furlough Law

    This is happening in the state of California

    I have had a 5% pay cut which later led to the pay cut with a 4 day work week. I received some of the pay from the day I didnt work through a workshare program from the state. I am an hourly employee. Today I was told that I have to take a month long furlough starting tomorrow. I didnt know that the furlough can be issued to be consecutive. I was also told that there might be a day or so when there might be work available and to be ready to take it. I was not given any paperwork but I did sign a paper that stated that I was on furlough.

    Is this legal? Can the furlough exist with these conditions? I dont want to be on stand by. Im not sure what my options are.

    Any help is greatly appreciated

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Furlough Law

    Quote Quoting Mr_BiGG
    View Post
    Im not sure what my options are.
    those would be quite simple:

    work as your (current) employer allows


    find another employer to work for.


    Unless you have a contract that controls here, an employer is not required to employ you on your terms. If business demands are reduced, he has every right to reduce his costs.

    I suppose you can simply tell him this is not acceptable and you will not work with the lower pay and fewer hours.

    I would suggest you have all your belongings packed when you tell him that because he will, most likely, simply terminate you.

  3. #3
    Join Date
    Jun 2008
    Posts
    23

    Default Re: Furlough Law

    I would rather they lay me off so I can get my 3 weeks vacation pay in addittion to collecting unemployment. Just being on stand by is going to cause me extreme financial hardship.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Furlough Law

    I am not familiar with California unemployment but in many states, if you are effectively unemployed or even underemployed, you can still file for unemployment benefits. If California follows similar rules, you would file for unemployment benefits and collect them while on furlough.

  5. #5
    Join Date
    Jan 2008
    Posts
    1,948

    Exclamation Re: Furlough Law

    Yes - In CA you can file for & most likely be paid by the EDD if your time is temporarily reduced in lieu of being permanently laid off.

    However - if you are part of a union your rules may be different. Talk to your union rep/advisor asap.

  6. #6
    Join Date
    Jun 2008
    Posts
    23

    Default Re: Furlough Law

    Will filing for UI mess up the workshare checks still owed to me? EDD is backed up and Im still owed several checks. I was on a worshare program and got paid a partial amount for the day I wasnt working.

  7. #7
    Join Date
    Jan 2008
    Posts
    1,948

    Question Re: Furlough Law

    I have no experience with work share.
    Does your place of employment have an HR office?

  8. #8
    Join Date
    Jun 2008
    Posts
    23

    Default Re: Furlough Law

    I do, but to be honest they are not much help. They are kind of shady when it comes to things like this. Its a good thing I didnt trust them because I just called EDD and was told NOT to file a seperate UI claim and to inform my employer that the workshare continues because I am still an employee there. My employer told me to file a new claim. Go figure

  9. #9
    Join Date
    Jun 2008
    Posts
    23

    Default Re: Furlough Law

    I want to mention that I was never given a definite day to return back to work. I was also told that by law they have to lay me off after 6 weeks of furlough. I called the labor board and they told me that no such thing exists. Furloughs can last as long as the employer wants. I was given the following information from a member on another board that I think applies to my sittuation.

    Section 3.2.2 DLSE Enfc Manual, Opinion Letter 1993.05.04 and O.L. 1996.05.30

    http://www.dir.ca.gov/dlse/opinions/1993-05-04.pdf
    http://www.dir.ca.gov/dlse/opinions/1996-05-30.pdf

  10. #10
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Furlough Law

    the EDD is not so much concerned of things that are internal to an individual company such as furlough and recall rights. They are a bit more black and white when it comes to not working. After the fact is known of whether you are working or not, they would go on to determine why you are not working and make a determination of eligibility based on those facts.


    So, a furlough is meaningless to the EDD other than you are not working and have no income. It is the same as a lay off which is the same as being fired. They all result in the employee not being able to work.


    the only part I cannot put into play here is:

    workshare time.

    Without an explanation of your situation, it is impossible to put it into the formula but, as a generic answer:

    when you are receiving UI benefits, any income has the possibility of affecting your benefits negatively. Most states will have a formula or rule as to how and how much income is used to possibly reduce or stop benefits and for what period of time they would apply.

    without knowing how the pay is earned and what the workshare system is and does to your pay and being allowed to work, I cannot comment with anymore clarity.

    I'm not sure how or why you would get paid for time not worked but generally, the state considers the money to be applied to the situation when it is earned, not paid.

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