23-762. Requirements of shared work plan; approval

A. An employer wishing to participate in the shared work unemployment compensation program shall submit a signed, written shared work plan to the department for approval. The department shall approve a shared work plan only if the plan:

1. Specifies the employees in the affected group.

2. Applies to only one affected group.

3. Includes a certified statement by the employer that, for the six month period immediately preceding the date the plan is submitted, compensation was payable from the shared work employer, or its predecessor whether or not they were shared work employers, to each employee in the affected group in an amount equal to or greater than the wages for insured work in one calendar quarter as provided in section 23-771, subsection A, paragraph 6. An employee who joins an affected group after the approval of the shared work plan is automatically covered under the previously approved plan, effective the week that the department receives written notice from the shared work employer that the employee has joined and certification from the employer that the employee meets the provisions of section 23-771, subsection A, paragraph 6.

4. Includes a certified statement by the employer that for the duration of the plan the reduction in the total normal weekly hours of work of the employees in the affected group is instead of layoffs which otherwise would result in at least as large a reduction in the total normal weekly hours of work.

5. Specifies the manner in which the employer will treat fringe benefits of the employees in the affected group if the employees' hours are reduced to less than their normal weekly hours of work.

6. Specifies an expiration date which is no more than one year from the date the employer submits the plan for approval, except that on written request by the employer, the department may approve an extension of the plan for a period of not more than one year from the date of the request.

7. Is approved in writing by the collective bargaining agent for each collective bargaining agreement which covers any employee in the affected group.

B. The department shall approve or disapprove the proposal within fifteen days of receipt of the proposal by the department. The department shall notify the employer of the reasons for denial of a shared work plan within ten days of such determination.

23-762. Requirements of shared work plan; approval

A. An employer wishing to participate in the shared work unemployment compensation program shall submit a signed, written shared work plan to the department for approval. The department shall approve a shared work plan only if the plan:

1. Specifies the employees in the affected group.

2. Applies to only one affected group.

3. Includes a certified statement by the employer that, for the six month period immediately preceding the date the plan is submitted, compensation was payable from the shared work employer, or its predecessor whether or not they were shared work employers, to each employee in the affected group in an amount equal to or greater than the wages for insured work in one calendar quarter as provided in section 23-771, subsection A, paragraph 6. An employee who joins an affected group after the approval of the shared work plan is automatically covered under the previously approved plan, effective the week that the department receives written notice from the shared work employer that the employee has joined and certification from the employer that the employee meets the provisions of section 23-771, subsection A, paragraph 6.

4. Includes a certified statement by the employer that for the duration of the plan the reduction in the total normal weekly hours of work of the employees in the affected group is instead of layoffs which otherwise would result in at least as large a reduction in the total normal weekly hours of work.

5. Specifies the manner in which the employer will treat fringe benefits of the employees in the affected group if the employees' hours are reduced to less than their normal weekly hours of work.

6. Specifies an expiration date which is no more than one year from the date the employer submits the plan for approval, except that on written request by the employer, the department may approve an extension of the plan for a period of not more than one year from the date of the request.

7. Is approved in writing by the collective bargaining agent for each collective bargaining agreement which covers any employee in the affected group.

B. The department shall approve or disapprove the proposal within fifteen days of receipt of the proposal by the department. The department shall notify the employer of the reasons for denial of a shared work plan within ten days of such determination.