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DEPARTMENT OF ADMINISTRATIVE & FINANCIAL SERVICES
Bureau of Human Resources

June 19, 2009

HUMAN RESOURCES MEMORANDUM 11-09

TO: All Agency Heads, Agency Human Resource/EEO Representatives

SUBJECT:  State Government Closure Days - Administration & Process

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Public Law 2009, Chapter 213, Part SSS requires that all executive branch state departments, agencies, and offices be closed for 20 days over the next two fiscal years.  Human Resources Memorandum 06-09 identified those dates, designated as State Government closure days.  These closure days (also known as “shut down days”) are considered temporary layoff days and should be coded as such when completing time sheets.

This memorandum is intended to provide agencies with information and instructions concerning processing and record keeping requirements necessary to implement these temporary layoffs, and to incorporate the answers to recent questions.  The closures will affect all employees, programs, and offices, regardless of employee position type or funding source, unless otherwise exempted by the Commissioner of the Department of Administrative and Financial Services.

Employees are to be informed not to report to work on each of the State Government closure days, unless they have been specifically exempted from the closure days.  Employees may not be allowed to work without compensation.  It is incumbent on each appointing authority to ensure that all employees are informed of the closures.

Employees otherwise exempt from overtime under state and federal law (also known as “FLSA Exempt” employees) will lose that exemption during the week in which a closure day occurs.  This means that such “FLSA Exempt” employees will become “hourly” employees during the week in which a closure day occurs (i.e. they must be paid for each hour worked or allowed to work and will be eligible for premium overtime pay for any hours actually worked over 40 in that week).  “FLSA Exempt” employees must be informed that they must keep accurate records of hours worked during those weeks (accurately complete timesheets), that they may not perform any work on a closure day, and that they must not work more than 4/5ths of their authorized weekly hours in any week containing a closure day.

A closure “day” is considered 1/10th of an employee’s authorized biweekly hours, whether full-time or part-time, regardless of work schedule.

Other important considerations of the temporary layoff are:

S / Alicia Kellogg
Alicia Kellogg, Director
Bureau of Human Resources