Pennsylvania § 2602 - Furlough.

§ 2602. Furlough.

(a) General rule.--

(1) If a reduction in force is necessary in the classified service:

(i) no employee may be furloughed while a probationary or provisional employee is employed in the same class in the same department or agency; and

(ii) no probationary employee may be furloughed while a provisional employee is employed in the same class in the same department or agency.

(2) The following apply:

(i) An employee shall be furloughed only if, at the time of furlough, the employee is within the lowest quarter among all employees of the employer in the same class on the basis of the employee's last regular service ratings. Within the quarter, the employee shall be furloughed in the order of seniority, unless a labor agreement covering the employees to be furloughed exists in which case the terms of the labor agreement regarding a furlough procedure shall be controlling.

(ii) The appointing authority may limit the application of this subparagraph in any particular instance to employees who are in:

(A) the same class, classification series or other grouping of employees as referred to in an applicable labor agreement; and

(B) the same department or agency within the same bureau or division with headquarters at a particular municipality, county or district of the Commonwealth.

(b) Rights of furloughed employees.--

(1) A furloughed employee shall have the right of return to a class and civil service status which was held prior to the furlough, provided the class is contained in the current classification plan of the agency.

(2) A furloughed employee shall have the right of return to a class and civil service status in the same or lower grade held prior to the furlough, provided the employee meets the minimum qualifications given in the classification plan of the agency.

(c) Report of furloughed employees.--The following apply:

(1) The appointing authority shall promptly report to the Office of Administration the names of employees furloughed, together with the date the furlough of each employee is effective, and the character of the employee's service.

(2) A regular employee furloughed shall, for a period of one year, be given preference for reemployment in the same class of positions from which furloughed and shall be eligible for appointment to a position of a similar class in other agencies under this part unless the terms of an existing labor agreement preclude the employee from receiving the preferential treatment contained in this paragraph, in which event the terms of the labor agreement shall control.