NEWWorklio Insurance: benefits and pay-as-you-go workers' comp, built into payroll.Learn more
HCM
HR OPERATIONS

Furlough

A furlough is unpaid time off or a cut in scheduled hours imposed for business reasons, while the employment relationship continues.

Updated 2 min read2 primary sources

Unlike a separation, a furlough keeps the employee employed with a return expected, and unlike a leave of absenceLeave of absence. A leave of absence is an approved period away from work while employment continues, whether the time is paid, unpaid, or a mix of both.Click to open the term, the time off is your decision rather than the employee’s request. A furlough takes two forms: whole workweeksWorkweek (FLSA). A workweek under the Fair Labor Standards Act is a fixed, regularly recurring period of 168 consecutive hours used to compute overtime.Click to open the term with no work, or a shorter schedule. Whether health and retirement coverage continues depends on each plan’s eligibility terms. Furloughed employees may be able to claim unemployment benefits under state rules, and in states with a short-time compensation (work sharing) program, a reduced schedule under your approved plan can draw prorated benefits.

How do you pay exempt and non-exempt employees during a furlough?

With limited exceptions, you must pay a salaried exempt employee the full salary for any week in which the employee performs any work, however few the days or hours, so exempt furloughs generally run in full workweeks. Physicians, lawyers, teachers in bona fide educational institutions, and outside sales employees have no salary requirement. Under the FLSAFLSA. The Fair Labor Standards Act (FLSA) is the federal law setting minimum-wage, overtime, recordkeeping, and youth employment standards for covered employment.Click to open the term, you generally owe non-exempt employees pay only for hours worked: at least the minimum wageMinimum wage. Minimum wage is the lowest hourly rate you may legally pay a covered employee, set by federal, state, and sometimes local law.Click to open the term, plus any overtime, on the regular payday. State laws can differ, so check the state where the employee works.

SITUATIONFEDERAL PAY RULE
Exempt, full workweek with no workNo salary owed for that week
Exempt, any work during the weekGenerally full salary, whatever the days or hours worked
Exempt, furlough days within a workweekNo deduction for days you have no work available; such a deduction can cost the exemption
Exempt, public agency budget-required furloughSalary basis lost only in the week pay is reduced
Exempt, prospective salary cutAllowed if bona fide and still at least $684 a week
Non-exemptAt least the minimum wage for hours worked; overtime past 40 hours
SOURCES
  1. Fact Sheet #70: Frequently Asked Questions Regarding Furloughs and Other Reductions in Pay and Hours Worked Issues
  2. Short-Time Compensation

General information, not legal or tax advice. Apply current federal and state rules with qualified guidance.

RELATED TERMS

Your next payroll could be your first one on Worklio.