§394B-10 - Dislocated worker allowance.
[§394B-10] Dislocated worker allowance.
(a) Whenever a closing, partial closing, or relocation occurs, the employer
shall provide each affected employee who applies for and is found eligible for
unemployment compensation benefits for a particular week under chapter 383 and
based in whole or in part upon employment in the closed, partial closed, or
relocated plant a payment, denominated a dislocated worker allowance as a
supplement to any unemployment compensation benefit received for that week.
(b) The amount of such weekly payment shall be
the difference between the employee's average weekly wages (including any
payments for periods of compensated leave) prior to the closing (partial
closing or relocation) and the weekly unemployment compensation benefits
received.
(c) For any one closing, partial closing, or
relocation, an otherwise eligible employee ceases to be eligible for a
dislocated worker allowance once he or she has received such an allowance from
the covered employer for a total of four weeks.
(d) Receipt of a dislocated employee allowance
shall not affect an employee's eligibility for unemployment compensation
benefits for any week, or the amount of such benefits.
(e) The director of labor and industrial
relations may adopt, amend, or repeal such rules and regulations as the
director deems necessary or suitable for the administration of this chapter.
The rules and regulations when prescribed in accordance with chapter 91 shall
have the force and effect of law and shall be enforced in the same manner as
this chapter.
(f) Notwithstanding the provisions of this
section, any contractual agreement arrived at through a collective bargaining
process that results in providing supplemental unemployment compensation
benefits for an affected employee shall supersede, with respect to that
employee, the requirements of this section. [L 1987, c 377, pt of §3]