96.40 VOLUNTARY SHARED WORK PROGRAM.
1. An employer who wishes to participate in the shared work
unemployment compensation program established under this section
shall submit a written shared work plan in a form acceptable to the
department for approval.
a. As a condition for approval by the department, a
participating employer shall agree to furnish the department with
reports relating to the operation of the shared work plan as
requested by the department.
b. The employer shall monitor and evaluate the operation of
the established shared work plan as requested by the department and
shall report the findings to the department.
2. The department may approve a shared work plan if all of the
following conditions are met:
a. The employer has filed all reports required to be filed
under this chapter for all past and current periods and has paid all
contributions due for all past and current periods.
b. The plan certifies that the aggregate reduction in work
hours is in lieu of temporary layoffs which would have affected at
least ten percent of the employees in the affected unit or units to
which the plan applies and which would have resulted in an equivalent
reduction in work hours. "Affected unit" means a specified
plant, department, shift, or other definable unit.
c. The employees in the affected unit are identified by name
and social security number and consist of at least five individuals.
d. The shared work plan reduces the normal weekly hours of
work for an employee in the affected unit by not less than twenty
percent and not more than fifty percent with a corresponding
reduction in wages. Only full-time employees who normally work
between thirty-five and forty hours per week are eligible to
participate.
e. The reduction in hours and corresponding reduction in
wages must be applied equally to all of the full-time employees in
the affected unit.
f. The plan provides that fringe benefits will continue to be
provided to employees in affected units as though their workweeks had
not been reduced.
g. The plan will not serve as a subsidy of seasonal
employment during the off season, nor as a subsidy of temporary
part-time or intermittent employment.
h. The employer certifies that the employer will not hire
additional part-time or full-time employees for the affected work
force while the program is in operation.
i. The duration of the shared work plan will not exceed
fifty-two weeks. An employing unit is eligible for approval of only
one plan during a twenty-four-month period.
j. The plan is approved in writing by the collective
bargaining representative for each employee organization or union
which has members in the affected unit.
3. The employer shall submit a shared work plan to the department
for approval at least thirty days prior to the proposed
implementation date.
4. The department may revoke approval of a shared work plan and
terminate the plan if the department determines that the shared work
plan is not being executed according to the terms and intent of the
shared work unemployment compensation program, or if it is determined
by the department that the approval of the shared work plan was
based, in whole or in part, upon information contained in the plan
which was either false or substantially misleading.
5. An individual who is otherwise entitled to receive regular
unemployment compensation benefits under this chapter shall be
eligible to receive shared work benefits with respect to any week in
which the department finds all of the following:
a. The individual is employed as a member of an affected unit
subject to a shared work plan that was approved before the week in
question and is in effect for that week.
b. The individual is able to work, available for work, and
works all available hours with the participating employer.
c. The individual's normal weekly hours of work have been
reduced by at least twenty percent but not more than fifty percent,
with a corresponding reduction in wages.
6. The department shall not deny shared work benefits for any
week to an otherwise eligible individual by reason of the application
of any provision of this chapter which relates to availability for
work, active search for work, or refusal to apply for or accept work
with an employer other than the participating employer under the
plan.
7. The department shall pay an individual who is eligible for
shared work benefits under this section a weekly shared work benefit
amount equal to the individual's regular weekly benefit amount for a
period of total unemployment, less any deductible amounts under this
chapter except wages received from any employer, multiplied by the
full percentage of reduction in the individual's hours as set forth
in the employer's shared work plan. If the shared work benefit
amount calculated under this subsection is not a multiple of one
dollar, the department shall round the amount so calculated to the
next lowest multiple of one dollar. An individual shall be
ineligible for shared work benefits for any week in which the
individual performs paid work for the participating employer in
excess of the reduced hours established under the shared work plan.
8. An individual shall not be entitled to receive shared work
benefits and regular unemployment compensation benefits in an
aggregate amount which exceeds the maximum total amount of benefits
payable to that individual in a benefit year as provided under
section 96.3, subsection 5, paragraph "a".
9. a. Notwithstanding any other provisions of this chapter,
all benefits paid under a shared work plan, which are chargeable to
the participating employer or any other base period employer of a
participating employee, shall be charged to the account of the
participating employer under the plan.
b. An employer may provide as part of the plan a training
program the employees may attend during the hours that have been
reduced. If the employer is able to show that the training program
will provide a substantive increase in the workplace and
employability skills of the employee so as to reduce the potential
for future periods of unemployment, the department shall relieve the
employer of charges for benefits paid to the individual attending
training under the plan. The employee may attend the training at the
work site utilizing internal resources, provided the training is
outside of the normal course of employment, or in conjunction with an
educational institution.
10. An individual who has received all of the shared work
benefits and regular unemployment compensation benefits available in
a benefit year shall be considered an exhaustee, as defined in
section 96.19, subsection 20, for purposes of the extended benefit
program administered pursuant to section 96.29.
96.40 VOLUNTARY SHARED WORK PROGRAM.
1. An employer who wishes to participate in the shared work
unemployment compensation program established under this section
shall submit a written shared work plan in a form acceptable to the
department for approval.
a. As a condition for approval by the department, a
participating employer shall agree to furnish the department with
reports relating to the operation of the shared work plan as
requested by the department.
b. The employer shall monitor and evaluate the operation of
the established shared work plan as requested by the department and
shall report the findings to the department.
2. The department may approve a shared work plan if all of the
following conditions are met:
a. The employer has filed all reports required to be filed
under this chapter for all past and current periods and has paid all
contributions due for all past and current periods.
b. The plan certifies that the aggregate reduction in work
hours is in lieu of temporary layoffs which would have affected at
least ten percent of the employees in the affected unit or units to
which the plan applies and which would have resulted in an equivalent
reduction in work hours. "Affected unit" means a specified
plant, department, shift, or other definable unit.
c. The employees in the affected unit are identified by name
and social security number and consist of at least five individuals.
d. The shared work plan reduces the normal weekly hours of
work for an employee in the affected unit by not less than twenty
percent and not more than fifty percent with a corresponding
reduction in wages. Only full-time employees who normally work
between thirty-five and forty hours per week are eligible to
participate.
e. The reduction in hours and corresponding reduction in
wages must be applied equally to all of the full-time employees in
the affected unit.
f. The plan provides that fringe benefits will continue to be
provided to employees in affected units as though their workweeks had
not been reduced.
g. The plan will not serve as a subsidy of seasonal
employment during the off season, nor as a subsidy of temporary
part-time or intermittent employment.
h. The employer certifies that the employer will not hire
additional part-time or full-time employees for the affected work
force while the program is in operation.
i. The duration of the shared work plan will not exceed
fifty-two weeks. An employing unit is eligible for approval of only
one plan during a twenty-four-month period.
j. The plan is approved in writing by the collective
bargaining representative for each employee organization or union
which has members in the affected unit.
3. The employer shall submit a shared work plan to the department
for approval at least thirty days prior to the proposed
implementation date.
4. The department may revoke approval of a shared work plan and
terminate the plan if the department determines that the shared work
plan is not being executed according to the terms and intent of the
shared work unemployment compensation program, or if it is determined
by the department that the approval of the shared work plan was
based, in whole or in part, upon information contained in the plan
which was either false or substantially misleading.
5. An individual who is otherwise entitled to receive regular
unemployment compensation benefits under this chapter shall be
eligible to receive shared work benefits with respect to any week in
which the department finds all of the following:
a. The individual is employed as a member of an affected unit
subject to a shared work plan that was approved before the week in
question and is in effect for that week.
b. The individual is able to work, available for work, and
works all available hours with the participating employer.
c. The individual's normal weekly hours of work have been
reduced by at least twenty percent but not more than fifty percent,
with a corresponding reduction in wages.
6. The department shall not deny shared work benefits for any
week to an otherwise eligible individual by reason of the application
of any provision of this chapter which relates to availability for
work, active search for work, or refusal to apply for or accept work
with an employer other than the participating employer under the
plan.
7. The department shall pay an individual who is eligible for
shared work benefits under this section a weekly shared work benefit
amount equal to the individual's regular weekly benefit amount for a
period of total unemployment, less any deductible amounts under this
chapter except wages received from any employer, multiplied by the
full percentage of reduction in the individual's hours as set forth
in the employer's shared work plan. If the shared work benefit
amount calculated under this subsection is not a multiple of one
dollar, the department shall round the amount so calculated to the
next lowest multiple of one dollar. An individual shall be
ineligible for shared work benefits for any week in which the
individual performs paid work for the participating employer in
excess of the reduced hours established under the shared work plan.
8. An individual shall not be entitled to receive shared work
benefits and regular unemployment compensation benefits in an
aggregate amount which exceeds the maximum total amount of benefits
payable to that individual in a benefit year as provided under
section 96.3, subsection 5, paragraph "a".
9. a. Notwithstanding any other provisions of this chapter,
all benefits paid under a shared work plan, which are chargeable to
the participating employer or any other base period employer of a
participating employee, shall be charged to the account of the
participating employer under the plan.
b. An employer may provide as part of the plan a training
program the employees may attend during the hours that have been
reduced. If the employer is able to show that the training program
will provide a substantive increase in the workplace and
employability skills of the employee so as to reduce the potential
for future periods of unemployment, the department shall relieve the
employer of charges for benefits paid to the individual attending
training under the plan. The employee may attend the training at the
work site utilizing internal resources, provided the training is
outside of the normal course of employment, or in conjunction with an
educational institution.
10. An individual who has received all of the shared work
benefits and regular unemployment compensation benefits available in
a benefit year shall be considered an exhaustee, as defined in
section 96.19, subsection 20, for purposes of the extended benefit
program administered pursuant to section 96.29.
96.40 VOLUNTARY SHARED WORK PROGRAM.
1. An employer who wishes to participate in the shared work
unemployment compensation program established under this section
shall submit a written shared work plan in a form acceptable to the
department for approval.
a. As a condition for approval by the department, a
participating employer shall agree to furnish the department with
reports relating to the operation of the shared work plan as
requested by the department.
b. The employer shall monitor and evaluate the operation of
the established shared work plan as requested by the department and
shall report the findings to the department.
2. The department may approve a shared work plan if all of the
following conditions are met:
a. The employer has filed all reports required to be filed
under this chapter for all past and current periods and has paid all
contributions due for all past and current periods.
b. The plan certifies that the aggregate reduction in work
hours is in lieu of temporary layoffs which would have affected at
least ten percent of the employees in the affected unit or units to
which the plan applies and which would have resulted in an equivalent
reduction in work hours. "Affected unit" means a specified
plant, department, shift, or other definable unit.
c. The employees in the affected unit are identified by name
and social security number and consist of at least five individuals.
d. The shared work plan reduces the normal weekly hours of
work for an employee in the affected unit by not less than twenty
percent and not more than fifty percent with a corresponding
reduction in wages. Only full-time employees who normally work
between thirty-five and forty hours per week are eligible to
participate.
e. The reduction in hours and corresponding reduction in
wages must be applied equally to all of the full-time employees in
the affected unit.
f. The plan provides that fringe benefits will continue to be
provided to employees in affected units as though their workweeks had
not been reduced.
g. The plan will not serve as a subsidy of seasonal
employment during the off season, nor as a subsidy of temporary
part-time or intermittent employment.
h. The employer certifies that the employer will not hire
additional part-time or full-time employees for the affected work
force while the program is in operation.
i. The duration of the shared work plan will not exceed
fifty-two weeks. An employing unit is eligible for approval of only
one plan during a twenty-four-month period.
j. The plan is approved in writing by the collective
bargaining representative for each employee organization or union
which has members in the affected unit.
3. The employer shall submit a shared work plan to the department
for approval at least thirty days prior to the proposed
implementation date.
4. The department may revoke approval of a shared work plan and
terminate the plan if the department determines that the shared work
plan is not being executed according to the terms and intent of the
shared work unemployment compensation program, or if it is determined
by the department that the approval of the shared work plan was
based, in whole or in part, upon information contained in the plan
which was either false or substantially misleading.
5. An individual who is otherwise entitled to receive regular
unemployment compensation benefits under this chapter shall be
eligible to receive shared work benefits with respect to any week in
which the department finds all of the following:
a. The individual is employed as a member of an affected unit
subject to a shared work plan that was approved before the week in
question and is in effect for that week.
b. The individual is able to work, available for work, and
works all available hours with the participating employer.
c. The individual's normal weekly hours of work have been
reduced by at least twenty percent but not more than fifty percent,
with a corresponding reduction in wages.
6. The department shall not deny shared work benefits for any
week to an otherwise eligible individual by reason of the application
of any provision of this chapter which relates to availability for
work, active search for work, or refusal to apply for or accept work
with an employer other than the participating employer under the
plan.
7. The department shall pay an individual who is eligible for
shared work benefits under this section a weekly shared work benefit
amount equal to the individual's regular weekly benefit amount for a
period of total unemployment, less any deductible amounts under this
chapter except wages received from any employer, multiplied by the
full percentage of reduction in the individual's hours as set forth
in the employer's shared work plan. If the shared work benefit
amount calculated under this subsection is not a multiple of one
dollar, the department shall round the amount so calculated to the
next lowest multiple of one dollar. An individual shall be
ineligible for shared work benefits for any week in which the
individual performs paid work for the participating employer in
excess of the reduced hours established under the shared work plan.
8. An individual shall not be entitled to receive shared work
benefits and regular unemployment compensation benefits in an
aggregate amount which exceeds the maximum total amount of benefits
payable to that individual in a benefit year as provided under
section 96.3, subsection 5, paragraph "a".
9. a. Notwithstanding any other provisions of this chapter,
all benefits paid under a shared work plan, which are chargeable to
the participating employer or any other base period employer of a
participating employee, shall be charged to the account of the
participating employer under the plan.
b. An employer may provide as part of the plan a training
program the employees may attend during the hours that have been
reduced. If the employer is able to show that the training program
will provide a substantive increase in the workplace and
employability skills of the employee so as to reduce the potential
for future periods of unemployment, the department shall relieve the
employer of charges for benefits paid to the individual attending
training under the plan. The employee may attend the training at the
work site utilizing internal resources, provided the training is
outside of the normal course of employment, or in conjunction with an
educational institution.
10. An individual who has received all of the shared work
benefits and regular unemployment compensation benefits available in
a benefit year shall be considered an exhaustee, as defined in
section 96.19, subsection 20, for purposes of the extended benefit
program administered pursuant to section 96.29.
