The 2010-2011 New York State budget has not been passed and is now five weeks late. In this connection, we must ask for your cooperation in complying with recent legislation. Proposed by Governor Paterson, passed by both houses of the legislature and signed into law on May 11, 2010, this law (Chapter 75 of the Laws of 2010) mandates a one-day furlough for employees of The City University of New York on State payroll during the week of May 17, 2010 through May 23, 2010. This furlough means that employees will not work one day that week and will not receive pay for that day. For part-time staff, this means a 20% reduction in hours and pay during the week. This memorandum sets forth how CUNY will comply with the furlough requirements and contains important information regarding your obligation to notify employees.
The mandatory furlough program applies only to tax-levy employees on the New York State payroll. Therefore, employees of the senior colleges (including employees of Educational Opportunity Centers affiliated with senior colleges), the Graduate School and University Center, the Central Office, the CUNY School of Law, the CUNY School of Public Health, the School of Professional Studies, the Graduate School of Journalism and Macaulay Honors College are subject to the mandatory furlough program.
The program does not apply to employees in the community colleges and in the Hunter College Campus Schools. Employees on non tax-levy payrolls are not covered by the statute.
All full-time and part-time titles are included in the mandatory furlough program, with the exception of teaching graduate assistants, teaching adjunct faculty, non-CLIP continuing education teachers, stationary engineers and security titles.
The furlough also applies to members of the Executive Compensation Plan.
It is recognized that there may be a small number of individuals (other than those in titles listed above as being exempt from the furlough) who cannot be furloughed at all because of the special nature of their duties. We continue to evaluate the needs of the University and may supplement the list of exemptions under separate cover. Only individuals in titles that the University has approved may be exempted unless the President makes an exceptional request to the Vice Chancellor for Human Resources Management because of an unforeseen circumstance.
To the extent possible, the furlough will take place on Friday, May 21, 2010 for all covered titles. Those employees will not work (and will not be paid) on that date. The colleges are permitted to identify a small number of employees that must work on Friday, May 21, 2010 to maintain minimal essential operations. Such employees must be furloughed on another work day during the week of May 17 through May 23. The alternate furlough day may be scheduled on Saturday, May 22, or Sunday, May 23 only if such day is a regularly scheduled workday for the employee.
Full-time teaching faculty represents a special case because much of their workload (e.g., research and creative writing) is self-directed. However, application of the mandatory furlough to teaching faculty requires us to ensure that the impact on students is kept to a minimum. Therefore, full-time teaching faculty who do not have teaching or proctoring assignments on Friday, May 21, 2010 should be furloughed on that date. If they have teaching or proctoring duties on Friday, May 21, they must be furloughed on another day during the week of May 17 through May 23 on which they do not have such assignments.
Attached is an employee notification prepared by the State regarding the mandated furlough. This notification must be sent to each affected employee as an attachment to an email message from you or your designee informing the employee of the date on which he or she will be furloughed. Also attached is a “Q&A” prepared by the State which, although not specific to CUNY, provides general information regarding implementation.
No later than Friday, May 14, 2010, the college must submit to the Vice Chancellor for Human Resources Management (1) a list of all employees who will be furloughed on a day other than Friday, May 21, with their titles, and the alternate furlough date, and (2) a list of all exempted employees and their titles.
Individuals in most titles who are placed on furlough during the week of May 17–May 23, 2010 can expect to see the reduction in pay in their June 3, 2010 paychecks. Individuals in hourly and ECP titles can expect to see the reduction in their June 17, 2010 paychecks.
The current law only applies to the week of May 17 through May 23, but there may be additional furloughs as the State continues to operate from week to week without a budget. We will keep you posted as the situation develops.
If you have any question concerning the mandatory furlough program, please contact your Director of Human Resources.
Together, we have been able to minimize the impact of the State’s difficult financial condition upon our students, faculty and staff by careful planning and judicious budgetary decisions and we will continue those efforts. We appreciate your ongoing cooperation.
Executive Vice Chancellor Allan Dobrin
Vice Chancellor Gloriana B.Waters