Temporary Questions and Answers--2020

1. What is a temporary layoff?

A temporary layoff is defined in civil service rules. Employees on a temporary layoff day do not work that day and do not receive for that day.

2. How will employees receive notice of temporary layoff days? Agencies will provide notice of the temporary layoff days to each employee affected. Notice of temporary layoff will be in writing and may be delivered by hand, e-mail or U.S. mail.

3. Will the of the State Employer provide standard notice language?

Yes. The Office of the State Employer will provide templates to the agencies to use in notifying employees of temporary layoff.

4. How will permanent intermittent, part time, -share, and limited-term employees be affected by a temporary layoff day?

All employees should be treated alike by not being paid for hours scheduled, but not worked, on a temporary layoff day. Temporary layoff of permanent intermittent, part- time, job-share and limited term employees must be implemented in the same manner as temporary layoff of fulltime employees.

5. Can Agencies place employees on temporary layoff on different days than the dates designated in the employee’s notice?

Employees must be notified in writing of the specific dates of temporary layoff. Any change from the date(s) in the original notice must be by subsequent written notice.

6. Can employees volunteer for additional unpaid time off?

Employees cannot volunteer for additional temporary layoff days. Employees who do not have a banked leave time (BLT) balance may volunteer to take additional unpaid time off by requesting Plan A or Plan C. Approval is subject to operational needs. Under the provisions of the BLT program, all BLT must be exhausted before an employee can go on a voluntary unpaid leave, including Plan A or C of the Voluntary Work Schedule Adjustment Program (VWSAP).

7. Will there be any impact on group insurance premiums caused by the imposition of temporary layoff?

Group insurance premiums will continue to be deducted during the period of temporary layoff if the employee earns enough money to pay the employee share of

OSE 05-12-2020 Page 1 of 3

any required premiums. If the employee does not, the balance will go into arrears and be deducted from the next paycheck. There will be no gap in coverages. Benefit levels for life and LTD will be calculated as if the temporary layoff did not take place.

8. How will temporary layoff affect other benefits?

There will be no adverse impact on longevity, hours toward pay step, , preference, reallocation, hours until rating, accruals, and accruals as long as the employee is in pay status for their regular scheduled hours during the pay period in which temporary layoff occurred. These benefits continue as if the temporary layoff had been paid work hours.

9. Will temporary layoff affect benefits under the defined benefit (DB) provision of the State Employees Act (SERA)?

Information about temporary layoff and pension benefits is available on the ORS web site.

10. Will temporary layoff affect pension benefits under the defined contribution (DC) provision of the State Employees Retirement Act (SERA)?

Information about temporary layoff and pension benefits is available on the ORS web site.

11. Will temporary layoff affect pension benefits under the State Police Retirement Act (SPRA)?

Information about temporary layoff and pension benefits is available on the ORS web site.

12. Is there “bumping” when all employees in a classification at a particular work location will not be temporarily laid off due to an approved exemption?

No, bumping does not apply to temporary layoff.

13. How do temporary layoff days affect employees who are enrolled in Plan A or Plan C of the Voluntary Work Schedule Adjustment Program (VWSAP)?

Employees enrolled in Plan A will be required to take the temporary layoff days. They may discontinue their enrollment in Plan A by providing notice. In the alternative, if the employee’s Plan A day falls on a designated temporary layoff day, the employee will be scheduled to work on that day instead in order to be placed on temporary layoff. With approval, the employee may take the Plan A day on another day within the pay period. The issue does not arise for an employee who is enrolled in Plan C throughout the period of temporary layoff.

OSE 05-12-2020 Page 2 of 3

14. How do the temporary layoff days affect employees who are already on a modified or compressed Alternate Work Schedule (AWS)?

Employees on a modified or compressed AWS will be required to revert to a 5 workday a week schedule and serve the assigned temporary layoff days.

15. Can an employee who is temporarily laid off be placed in compensated “on-call” status?

No. A layoff is a period of time during which the employee is relieved from most employment obligations. During this period, the employer would not be able to require that the employee be in on-call status.

16. What happens if an employee has pre-approved annual leave or sick leave for a day designated for temporary layoff?

A temporary layoff day will supersede any pre-approved annual or sick leave on that day for those employees who would otherwise be temporarily laid off.

17. What will happen if an employee is scheduled to return from unpaid on a temporary layoff day or prior to July 25, 2020?

The employee will be placed on temporary layoff that day and must be given the appropriate written notice. The employee will serve the remaining days of temporary layoff.

18. Will a temporary layoff day taken immediately before or after a holiday affect my holiday pay?

No. 19. Some employees may view the temporary layoff period as an opportunity to "catch up" on some of their work. Should an employee be permitted to voluntarily work on a temporary layoff day?

No. Employees should be directed not to work on a temporary layoff day. insurance benefits cannot be received for the same period that an employee works. In addition, Fair Labor Standards Act (FLSA) issues may arise. If employees who are non-exempt are permitted to work on a temporary layoff day, an obligation to compensate them for such hours may be incurred under the FLSA.

20. Can agencies schedule work before or after a temporary layoff day to make up for lost production attributable to the temporary layoff?

No, agencies must not schedule overtime for employees serving temporary layoff during the 5 pay periods of temporary layoff.

OSE 05-12-2020 Page 3 of 3