Furlough, Layoffs and Leaves of Absence

During these hard times, here is some advice on DOT record keeping during a driver absence. While each company is different, this guide is a snapshot of the most common options, along with the forms we use for our clients.

When a driver is unable to work, there are two common ways to address the absence. Which option is best is based on many things, so be sure to discuss your plans with your HR or Legal Team to fully understand your choices.

COMMON OPTIONS:

This simple bullet point list explains the DOT requirements and best practices for each of the most common options.

• TERMINATION WITH INTENT TO REHIRE
  Drivers must be rehired fully upon return
  • For CDLs and in many states, Non-CDLs a new pre-employment drug test is required
  • MVR – within 30 days of hire
  • New Driver Qualification File
  • Updated Background Check – if required for new hires by your policy or local rules
  • Drivers may lose benefits, seniority, etc
    
    
• FURLOUGH, LAYOFF, OR LEAVE OF ABSENCE
  SHRM explains the differences here.
  • Complete Driver Self Certification, MVR and Annual Review at least once every 12 months
  • Driver must remain in Random Drug Pool (CDLs and if required by law or policy, Non-CDLs)
  • On return, verify any new employer records and collect an hours of service record for intermittent drivers.
  • Drivers may be able to retain benefits, seniority, etc

Ensure that you craft company policies that outline how to handle planned driver absences. Review all policies carefully for compliance with local, state and federal regulations and apply them uniformly. It is a good idea to review all policies yearly as rules change.

RECOMMENDED FORMS:

Document driver absences using this form – NOT REQUIRED
Driver Furlough, Layoff or Leave of Absence

Upon return we recommend completing these forms:
Employment Record
Hours of Service Record for First Time or Intermittent Drivers

OTHER CONSIDERATIONS:

CONTACT INFO
It is a good idea to update driver contact information including addresses prior to any absence in order to help with any required notices.

PAYROLL
Review state and federal laws regarding payroll regulations and calculations for employees subject to furlough, layoffs or leaves of absence. Your payroll company should be able to assist.

COBRA
Continuation of Health Coverage (COBRA) rules may apply to employers who offer health benefits.
Find more information on COBRA here.

THE WARN ACT
The Warn Act applies to employers with at least 100 full-time employees for layoffs that exceed six months. Most limousine and bus company employees are not covered by The Warn Act, but many states also have their own version which may be more strict.
Find more information on The WARN ACT here.