In a fiscal year in which the general funds appropriated for a state agency are less than the general funds appropriated for that agency in the prior fiscal year, or in a fiscal year in which an agency that is funded by other funds projects other funds collections to be less than in the prior fiscal year, or whenever the General Assembly or the Executive Budget Office implements a midyear across-the-board budget reduction, agency heads may institute employee furlough programs of not more than ten working days in the fiscal year in which the deficit is projected to occur.
The furlough program must be:
(1) inclusive of all employees in an agency or within a designated department or program regardless of source of funds or place of work, including all classified and unclassified employees in the designated area; or
(2) based upon pay band for classified employees and based upon pay rate for unclassified employees within the agency or designated department respectively.
If the state agency will incur costs for overtime under the federal Fair Labor Standards Act, law enforcement employees and correctional employees may be exempted from a mandatory furlough. Employees who provide direct patient or client care and front-line employees who deliver direct customer services may be exempted from a mandatory furlough. The mandatory furlough must include the agency head. Constitutional officers are exempt from mandatory furlough. Scheduling of furlough days, or portions of days, shall be at the discretion of the agency head, but under no circumstances should the agency close completely.
During this furlough, affected employees shall be entitled to participate in the same state benefits as otherwise available to them except for receiving their salaries. As to those benefits that require employer and employee contributions including, but not limited to, contributions to the South Carolina Retirement System or the optional retirement program, the state agencies, institutions, and departments are responsible for making both employer and employee contributions if coverage would otherwise be interrupted; and as to those benefits which require only employee contributions, the employee remains solely responsible for making those contributions.
Placement of an employee on furlough under this provision does not constitute a grievance or appeal under the State Employee Grievance Procedure Act.
In the event the reduction for the state agency, institution, or department is due solely to the General Assembly transferring or deleting a program, this section does not apply. The implementation of a furlough program authorized by this section shall be on an agency-by-agency basis. Agencies may allocate the employee's reduction in pay over the balance of the fiscal year for payroll purposes regardless of the pay period within which the furlough occurs. In the event that an agency implements both a voluntary furlough program and a mandatory furlough program during the fiscal year, furlough days taken voluntarily shall count toward furlough days required by the mandatory furlough.
The Department of Administration shall promulgate guidelines and policies, as necessary, to implement the provisions of this section. State agencies shall report information regarding furloughs to the Office of Human Resources of the Department of Administration.
The Office of Human Resources of the Department of Administration must provide consultation and guidance to each state agency implementing a furlough or reduction in force regarding the long term career development of its employees and the potential financial benefit of implementing a furlough program or reduction in force.
The provisions of this section do not apply to employees of those state agencies or institutions covered by Section 8-11-193, and Section 8-11-193, rather than this section continues to apply to those employees in the manner provided by law.
HISTORY: 2009 Act No. 8, Section 1, eff May 6, 2009.
Structure South Carolina Code of Laws
Title 8 - Public Officers and Employees
Chapter 11 - State Officers And Employees
Section 8-11-17. Flexible scheduling.
Section 8-11-20. Oath and bonds of certain state employees; blanket departmental bonds.
Section 8-11-30. Payment or receipt of salary which is not due.
Section 8-11-33. Withholding or deducting pay from state employee's wages.
Section 8-11-35. Salary payment schedule; maximum salaries; dual compensation; reports; exception.
Section 8-11-40. Sick leave; leave when employee attacked; leave for sick family member.
Section 8-11-45. Transfer of accumulated leave upon transfer of legislative employees.
Section 8-11-50. Compensatory time for working on legal holidays.
Section 8-11-55. Compensatory time for working overtime.
Section 8-11-60. Removal of officers elected by General Assembly.
Section 8-11-65. Leaves of absence to be organ donor.
Section 8-11-75. Repayment of deferred compensation plan loans.
Section 8-11-80. Deduction for group life, hospital, and other insurance.
Section 8-11-83. Payroll deduction for dues of certain organizations.
Section 8-11-90. Deductions for federal taxes.
Section 8-11-91. Deductions for charitable contributions.
Section 8-11-93. Minimum level of employee participation required.
Section 8-11-95. Two charitable solicitation drives permitted per year.
Section 8-11-97. Promulgation of regulations.
Section 8-11-98. Deductions for payment to credit union.
Section 8-11-99. Payroll deduction for parking fees on state-owned or state-operated property.
Section 8-11-100. Representation on boards and commissions when new judicial circuits created.
Section 8-11-120. Posting notice of job vacancies.
Section 8-11-130. State agencies authorized to provide aid to employees in moving personal effects.
Section 8-11-135. Payment of moving expenses of new employees.
Section 8-11-140. Minimum wage for state employees and public school bus drivers.
Section 8-11-150. Paid parental leave; birth of child; placement of foster child.
Section 8-11-155. Use of sick leave to care for adopted child.
Section 8-11-155. Paid parental leave; adoption.
Section 8-11-160. Agency Head Salary Commission; salary increases for agency heads.
Section 8-11-170. Agency head dually employed by another state agency; timely payment.
Section 8-11-175. Blood drives and donations.
Section 8-11-177. Funeral leave.
Section 8-11-180. Paid leave for certified disaster service volunteers with the American Red Cross.
Section 8-11-186. Reporting interim new full-time employment positions.
Section 8-11-190. Use of public funds to reward state employees.
Section 8-11-192. Mandatory state agency furlough programs; consultation and guidance services.
Section 8-11-193. Employee furloughs.
Section 8-11-194. Employee benefit costs not funded from general fund.
Section 8-11-195. State employee furlough policies.
Section 8-11-196. Hiring of employees to fill temporary grant positions.
Section 8-11-197. Mileage reimbursement rate.
Section 8-11-198. Per diem from more than one source.
Section 8-11-199. American Bar Association dues payment or reimbursement.
Section 8-11-200. Reimbursement of travel expenses to persons interviewing for state employment.
Section 8-11-210. Declaration of purpose.
Section 8-11-220. Definitions.
Section 8-11-240. Board approval of policies and programs.
Section 8-11-250. Creation, membership, and duties of Advisory Council.
Section 8-11-260. Exemptions from application of article.
Section 8-11-270. Exemptions from classification and compensation plan.
Section 8-11-280. Prior actions remain in effect.
Section 8-11-290. Legislators shall receive information annually.
Section 8-11-610. Manner in which annual leave is computed.
Section 8-11-630. Employment of additional employees to replace those on leave and those terminated.
Section 8-11-640. Credit for prior State service; transfer from one agency to another.
Section 8-11-650. Workweek upon which leave is based.
Section 8-11-660. Situation in which leave may not be credited.
Section 8-11-670. Additional leave may be granted in case of emergency or extreme hardship.
Section 8-11-680. Application of article.
Section 8-11-700. Definitions.
Section 8-11-710. Request for leave from pool leave account.
Section 8-11-720. Selection of leave recipients.
Section 8-11-730. Transfer from annual or sick leave account to pool account.
Section 8-11-750. Termination of personal emergency.
Section 8-11-910. Legislative intent.
Section 8-11-920. Definitions.
Section 8-11-940. Performance increases.
Section 8-11-945. Increases applicable to certain health care providers.
Section 8-11-950. Bonus payments.
Section 8-11-960. Increases totalling more than agency maximum; audits.