Everything you need to know about recalling furloughed employees

Q. How long does a furlough stay a furlough? When does it become a layoff?

A1. There is no hard-and-fast rule time-wise, but a furlough remains so as long as:

  • It is reasonably intended that the employee will be recalled to work within weeks, and;
  • A permanent layoff has not been directly communicated to the employee.

A2. As soon as you know there is no reasonable expectation of restoring your employee to active status within the foreseeable future, it is time to notify the employee.

  • Notify the employee via telephone if possible, and definitely follow-up with a letter (please email HRTeam@xcelhr.com for a template). Provide a final copy with your signature to HRTeam@xcelhr.com), with confirmation in the body of your email that the employee was notified.
  • Note: if some, but not all, employees will be recalled into a similar role, you must be able to demonstrate your selection process was based upon objective, non-discriminatory criteria.

Q. What if I recall a furloughed employee to work and they tell me they can’t return because no-one else is available to care for their son or daughter, due to school closure or daycare being unavailable due to COVID-19? Should I just extend the furlough and recall others instead? Should I turn the furlough into a layoff? What can I do?

  • This is usually not a valid reason to turn a furlough into a layoff; we advise against it.
  • At this time, the employee’s situation represents a qualifying event under the expanded FMLA provisions of the FFCRA.
    • Explore whether a part-time return to work with intermittent FFCRA-covered paid leave would be possible (if childcare responsibilities are shared with a partner).
    • If this employee’s work is normally performed onsite but could done via telework, that might be the solution. Reach out to XcelHR for guidance.
    • Even if the employee is not available to work at all, still return the employee to active status and place them on any available FFCRA-covered leave.
      • Ensure that XcelHR’s “Request for COVID-19 Related Paid Leave Form” is filled-out and emailed to HRTeam@xcelhr.com so that XcelHR can ensure the proper tax offsets are granted to you.
      • Once available FFCRA-covered leave (and any other legally-mandated leave) has been exhausted, the employee can legally be separated from employment.

Q. What if I recall an employee (who is unable to telework) from a furlough and the employee tells me that they can’t return because they are sick with, awaiting test results for or caring for someone diagnosed with COVID-19?

  • This is not a valid reason to turn a furlough into a layoff.
  • Still return the employee to active status and place them on any available FFCRA-covered leave.
    • Notify HRTeam@xcelhr.com; we will guide you on correct process and payment.
    • Ensure that XcelHR’s “Request for COVID-19 Related Paid Leave Form” is filled-out and emailed to HRTeam@xcelhr.com so that XcelHR can ensure the proper tax offsets are granted to you.
    • Once available FFCRA-covered leave (and any other legally-mandated leave) has been exhausted, contact HRTeam@xcelhr.com for next steps. Do not separate this employee from employment until you have thoroughly looked-into this and received relevant professional guidance.

Please email HRTeam@XcelHR.com for further assistance and guidance.