§ 28-44-69 Work-sharing benefits. –(a) Definitions. As used in this section, unless the context clearlyrequires otherwise:
(1) "Affected unit" means a specified plant, department,shift, or other definable unit consisting of two (2) or more employees to whichan approved work-sharing plan applies.
(2) "Eligible employee" means an individual who usually worksthirty (30) hours or more per week for the employer submitting a work-sharingplan.
(3) "Eligible employer" means any private employer who hashad contributions credited to his or her account and benefits have beenchargeable to this account, and who is not delinquent in the payment ofcontributions or reimbursements, as required by chapters 42 – 44 of thistitle.
(4) "Fringe benefits" include, but are not limited to, healthinsurance, retirement benefits, paid vacation and holidays, sick leave, andsimilar advantages that are incidents of employment.
(5) "Intermittent employment" means employment which is notcontinuous but may consist of periodic intervals of weekly work and intervalsof no weekly work.
(6) "Seasonal employment" means employment with an employerwho displays a twenty percent (20%) difference between its highest level ofemployment and its lowest level of employment each year for the three (3)previous calendar years as reported to the department of labor and training, oras shown in the information which is available and satisfactory to the director.
(7) "Temporary layoffs" for this purpose means the separationof workers in the affected unit for an indefinite period expected to last forat least two (2) months but less than six (6) months.
(8) "Usual weekly hours of work" means the normal hours ofwork each week for an employee in an affected unit when that unit is operatingon a full-time basis, not to exceed forty (40) hours and not including overtime.
(9) "Work-sharing benefits" means benefits payable toemployees in an affected unit under an approved work-sharing plan.
(10) "Work-sharing employer" means an employer with anapproved work-sharing plan in effect.
(11) "Work-sharing plan" means a plan submitted by anemployer under which there is a reduction in the number of hours worked by theemployees in the affected unit in lieu of temporary layoffs of some of theemployees.
(b) Criteria for approval of a work-sharing plan. Anemployer wishing to participate in the work-sharing program shall submit asigned written work-sharing plan to the director for approval. The directorshall approve a work-sharing plan only if the following requirements are met:
(i) The plan identifies the affected unit or units andspecifies the effective date of the plan;
(ii) The employees in the affected unit or units areidentified by name, social security number, the usual weekly hours of work,proposed wage and hour reduction, and any other information that the directorshall require;
(iii) The plan certifies that the reduction in the usualweekly hours of work is in lieu of temporary layoffs which would have affectedat least 10 percent (10%) of the employees in the affected unit or units towhich the plan applies and which would have resulted in an equivalent reductionin work hours;
(iv) The usual weekly hours of work for employees in theaffected unit or units are reduced by not less than 10 percent (10%) and notmore than 50 percent (50%), and the reduction in hours in each affected unitare spread equally among employees in the affected unit;
(v) The plan specifies the manner in which the fringebenefits of the participating employees will be affected;
(vi) In the case of employees represented by a collectivebargaining agent or union, the plan is approved in writing by the collectivebargaining agents or unions that cover the affected employees. In the absenceof any collective bargaining agent or union, the plan must contain acertification by the employer that the proposed plan, or a summary of the plan,has been made available to each employee in the affected unit;
(vii) The plan will not serve as a subsidy of seasonalemployment during the off season, nor as a subsidy for intermittent employment;and
(viii) The employer agrees to furnish reports relating to theproper conduct of the plan and agrees to allow the director or his or herauthorized representatives access to all records necessary to verify the planprior to approval and, after approval, to monitor and evaluate application ofthe plan.
(2) In addition to the matters previously specified in thissection, the director shall take into account any other factors that may bepertinent to proper implementation of the plan.
(c) Approval or rejection of the plan. The directorshall approve or reject a plan in writing. The reasons for rejection shall befinal and not subject to appeal. The employer shall be allowed to submitanother plan for consideration and that determination will be made based uponthe new data submitted by the interested employer.
(d) Effective date and duration of the plan. A planshall be effective on the date specified in the plan or on the first Sundayfollowing the date on which the plan is approved by the director, whichever islater. It shall expire at the end of the twelfth (12th) full calendar monthafter its effective date or on the date specified in the plan if that date isearlier; provided, that the plan is not previously revoked by the director. Ifa plan is revoked by the director, it shall terminate on the date specified inthe director's written order of revocation.
(e) Revocation of approval. The director may revokeapproval of a work-sharing plan for good cause. The revocation order shall bein writing and shall specify the date the revocation is effective and thereasons for it. The revocation order shall be final and not subject to appeal.
(2) Good cause shall include, but not be limited to, failureto comply with assurances given in the plan, unreasonable revision ofproductivity standards for the affected unit, conduct or occurrences tending todefeat the intent and effective operation of the plan, and violation of anycriteria on which approval of the plan was based.
(3) The action may be taken at any time by the director onhis or her own motion, on the motion of any of the affected unit's employees oron the motion of the collective bargaining agent or agents. The director shallreview the operation of each qualified employer plan at least once during theperiod the plan is in effect to assure its compliance with the work-sharingrequirements.
(f) Modification of the plan. An operational approvedwork-sharing plan may be modified by the employer with the consent of thecollective bargaining agent or agents, if any, if the modification is notsubstantial and is in conformity with the plan approved by the director,provided the modifications are reported promptly to the director by theemployer. If the hours of work are increased or decreased substantially beyondthe level in the original plan, or any other conditions are changedsubstantially, the director shall approve or disapprove the modificationswithout changing the expiration date of the original plan. If the substantialmodifications do not meet the requirements for approval, the director shalldisallow that portion of the plan in writing. The decision of the directorshall be final and not subject to appeal.
(g) Eligibility for work-sharing benefits. Anindividual is eligible to receive work-sharing benefits, subsequent to servinga waiting period as prescribed by the director, with respect to any week onlyif, in addition to meeting other conditions of eligibility for regular benefitsunder this title that are not inconsistent with this section, the directorfinds that:
(i) During the week, the individual is employed as a memberof an affected unit under an approved work-sharing plan that was approved priorto that week, and the plan is in effect with respect to the week for whichwork-sharing benefits are claimed;
(ii) The individual is able to work and is available for thenormal work week with the work-sharing employer.
(2) Notwithstanding any other provisions of this chapter tothe contrary, an individual is deemed unemployed in any week for whichremuneration is payable to him or her as an employee in an affected unit forless than his or her normal weekly hours of work as specified under theapproved work-sharing plan in effect for the week.
(3) Notwithstanding any other provisions of this title to thecontrary, an individual shall not be denied work-sharing benefits for any weekby reason of the application of provisions relating to the availability forwork and active search for work with an employer other than the work-sharingemployer.
(h) Work-sharing benefits. The work-sharing weeklybenefit amount shall be the product of the regular weekly benefit rate,including any dependents' allowances, multiplied by the percentage reduction inthe individual's usual weekly hours of work as specified in the approved plan.If the work-sharing weekly benefit amount is not an exact multiple of onedollar ($1.00) then the weekly benefit amount shall be rounded down to the nextlower multiple of one dollar ($1.00).
(2) An individual may be eligible for work-sharing benefitsor regular unemployment compensation, as appropriate, except that no individualshall be eligible for combined benefits in any benefit year in an amount morethan the maximum entitlement established for unemployment compensation, norshall an individual be paid work-sharing benefits for more than fifty-two (52)weeks, whether or not consecutive, in any benefit year pursuant to an approvedwork-sharing plan.
(3) The work-sharing benefits paid shall be deducted from themaximum entitlement amount established for that individual's benefit year.
(4) If an employer approves time off and the worker hasperformed some work during the week, the individual is eligible forwork-sharing benefits based on the combined work and paid leave hours for thatweek. If the employer does not grant time off, the question of availabilitymust be investigated.
(5) If an employee was sick and consequently did not work allthe hours offered by the work-sharing employer in a given week, the employeewill be denied work-sharing benefits for that week.
(6) Claims for work-sharing benefits shall be filed in thesame manner as claims for unemployment compensation or as prescribed inregulations by the director.
(7) Provisions applicable to unemployment compensationclaimants shall apply to work-sharing claimants to the extent that they are notinconsistent with the established work-sharing provisions. An individual whofiles an initial claim for work-sharing benefits shall be provided, if eligiblefor benefits, a monetary determination of entitlement to work-sharing benefitsand shall serve a waiting week.
(8) If an individual works in the same week for an employerother than the work-sharing employer, the individual's work-sharing benefitsshall be computed in the same manner as if the individual worked solely withthe work-sharing employer. If the individual is not able to work or is notavailable for the normal work week with the work-sharing employer, then nowork-sharing benefits shall be payable to that individual for that week.
(9) An individual who performs no services during a week forthe work-sharing employer and is otherwise eligible shall be paid the fullweekly unemployment compensation amount. That week shall not be counted as aweek with respect to which work-sharing benefits were received.
(10) An individual who does not work for the work-sharingemployer during a week but works for another employer and is otherwise eligibleshall be paid benefits for that week under the partial unemploymentcompensation provisions of this chapter. That week shall not be counted as aweek with respect to which work-sharing benefits were received.
(11) Nothing in the section shall preclude an otherwiseeligible individual from receiving total or partial unemployment benefits whenthe individual's work-sharing benefits have been exhausted.
(i) Benefit charges. Notwithstanding any provisions ofthis title to the contrary, work-sharing benefits shall be charged to theaccount of the work-sharing employer. Employers liable for payments in lieu ofcontributions shall be responsible for reimbursing the employment security fundfor the full amount of work-sharing benefits paid to their employees under anapproved work-sharing plan.
(j) Extended benefits. An individual who has receivedall of the unemployment compensation or combined unemployment compensation andwork-sharing benefits available in a benefit year shall be considered anexhaustee for purposes of extended benefits, as provided under the provisionsof § 28-44-62, and, if otherwise eligible under those provisions, shall beeligible to receive extended benefits.
§ 28-44-69 Work-sharing benefits. –(a) Definitions. As used in this section, unless the context clearlyrequires otherwise:
(1) "Affected unit" means a specified plant, department,shift, or other definable unit consisting of two (2) or more employees to whichan approved work-sharing plan applies.
(2) "Eligible employee" means an individual who usually worksthirty (30) hours or more per week for the employer submitting a work-sharingplan.
(3) "Eligible employer" means any private employer who hashad contributions credited to his or her account and benefits have beenchargeable to this account, and who is not delinquent in the payment ofcontributions or reimbursements, as required by chapters 42 – 44 of thistitle.
(4) "Fringe benefits" include, but are not limited to, healthinsurance, retirement benefits, paid vacation and holidays, sick leave, andsimilar advantages that are incidents of employment.
(5) "Intermittent employment" means employment which is notcontinuous but may consist of periodic intervals of weekly work and intervalsof no weekly work.
(6) "Seasonal employment" means employment with an employerwho displays a twenty percent (20%) difference between its highest level ofemployment and its lowest level of employment each year for the three (3)previous calendar years as reported to the department of labor and training, oras shown in the information which is available and satisfactory to the director.
(7) "Temporary layoffs" for this purpose means the separationof workers in the affected unit for an indefinite period expected to last forat least two (2) months but less than six (6) months.
(8) "Usual weekly hours of work" means the normal hours ofwork each week for an employee in an affected unit when that unit is operatingon a full-time basis, not to exceed forty (40) hours and not including overtime.
(9) "Work-sharing benefits" means benefits payable toemployees in an affected unit under an approved work-sharing plan.
(10) "Work-sharing employer" means an employer with anapproved work-sharing plan in effect.
(11) "Work-sharing plan" means a plan submitted by anemployer under which there is a reduction in the number of hours worked by theemployees in the affected unit in lieu of temporary layoffs of some of theemployees.
(b) Criteria for approval of a work-sharing plan. Anemployer wishing to participate in the work-sharing program shall submit asigned written work-sharing plan to the director for approval. The directorshall approve a work-sharing plan only if the following requirements are met:
(i) The plan identifies the affected unit or units andspecifies the effective date of the plan;
(ii) The employees in the affected unit or units areidentified by name, social security number, the usual weekly hours of work,proposed wage and hour reduction, and any other information that the directorshall require;
(iii) The plan certifies that the reduction in the usualweekly hours of work is in lieu of temporary layoffs which would have affectedat least 10 percent (10%) of the employees in the affected unit or units towhich the plan applies and which would have resulted in an equivalent reductionin work hours;
(iv) The usual weekly hours of work for employees in theaffected unit or units are reduced by not less than 10 percent (10%) and notmore than 50 percent (50%), and the reduction in hours in each affected unitare spread equally among employees in the affected unit;
(v) The plan specifies the manner in which the fringebenefits of the participating employees will be affected;
(vi) In the case of employees represented by a collectivebargaining agent or union, the plan is approved in writing by the collectivebargaining agents or unions that cover the affected employees. In the absenceof any collective bargaining agent or union, the plan must contain acertification by the employer that the proposed plan, or a summary of the plan,has been made available to each employee in the affected unit;
(vii) The plan will not serve as a subsidy of seasonalemployment during the off season, nor as a subsidy for intermittent employment;and
(viii) The employer agrees to furnish reports relating to theproper conduct of the plan and agrees to allow the director or his or herauthorized representatives access to all records necessary to verify the planprior to approval and, after approval, to monitor and evaluate application ofthe plan.
(2) In addition to the matters previously specified in thissection, the director shall take into account any other factors that may bepertinent to proper implementation of the plan.
(c) Approval or rejection of the plan. The directorshall approve or reject a plan in writing. The reasons for rejection shall befinal and not subject to appeal. The employer shall be allowed to submitanother plan for consideration and that determination will be made based uponthe new data submitted by the interested employer.
(d) Effective date and duration of the plan. A planshall be effective on the date specified in the plan or on the first Sundayfollowing the date on which the plan is approved by the director, whichever islater. It shall expire at the end of the twelfth (12th) full calendar monthafter its effective date or on the date specified in the plan if that date isearlier; provided, that the plan is not previously revoked by the director. Ifa plan is revoked by the director, it shall terminate on the date specified inthe director's written order of revocation.
(e) Revocation of approval. The director may revokeapproval of a work-sharing plan for good cause. The revocation order shall bein writing and shall specify the date the revocation is effective and thereasons for it. The revocation order shall be final and not subject to appeal.
(2) Good cause shall include, but not be limited to, failureto comply with assurances given in the plan, unreasonable revision ofproductivity standards for the affected unit, conduct or occurrences tending todefeat the intent and effective operation of the plan, and violation of anycriteria on which approval of the plan was based.
(3) The action may be taken at any time by the director onhis or her own motion, on the motion of any of the affected unit's employees oron the motion of the collective bargaining agent or agents. The director shallreview the operation of each qualified employer plan at least once during theperiod the plan is in effect to assure its compliance with the work-sharingrequirements.
(f) Modification of the plan. An operational approvedwork-sharing plan may be modified by the employer with the consent of thecollective bargaining agent or agents, if any, if the modification is notsubstantial and is in conformity with the plan approved by the director,provided the modifications are reported promptly to the director by theemployer. If the hours of work are increased or decreased substantially beyondthe level in the original plan, or any other conditions are changedsubstantially, the director shall approve or disapprove the modificationswithout changing the expiration date of the original plan. If the substantialmodifications do not meet the requirements for approval, the director shalldisallow that portion of the plan in writing. The decision of the directorshall be final and not subject to appeal.
(g) Eligibility for work-sharing benefits. Anindividual is eligible to receive work-sharing benefits, subsequent to servinga waiting period as prescribed by the director, with respect to any week onlyif, in addition to meeting other conditions of eligibility for regular benefitsunder this title that are not inconsistent with this section, the directorfinds that:
(i) During the week, the individual is employed as a memberof an affected unit under an approved work-sharing plan that was approved priorto that week, and the plan is in effect with respect to the week for whichwork-sharing benefits are claimed;
(ii) The individual is able to work and is available for thenormal work week with the work-sharing employer.
(2) Notwithstanding any other provisions of this chapter tothe contrary, an individual is deemed unemployed in any week for whichremuneration is payable to him or her as an employee in an affected unit forless than his or her normal weekly hours of work as specified under theapproved work-sharing plan in effect for the week.
(3) Notwithstanding any other provisions of this title to thecontrary, an individual shall not be denied work-sharing benefits for any weekby reason of the application of provisions relating to the availability forwork and active search for work with an employer other than the work-sharingemployer.
(h) Work-sharing benefits. The work-sharing weeklybenefit amount shall be the product of the regular weekly benefit rate,including any dependents' allowances, multiplied by the percentage reduction inthe individual's usual weekly hours of work as specified in the approved plan.If the work-sharing weekly benefit amount is not an exact multiple of onedollar ($1.00) then the weekly benefit amount shall be rounded down to the nextlower multiple of one dollar ($1.00).
(2) An individual may be eligible for work-sharing benefitsor regular unemployment compensation, as appropriate, except that no individualshall be eligible for combined benefits in any benefit year in an amount morethan the maximum entitlement established for unemployment compensation, norshall an individual be paid work-sharing benefits for more than fifty-two (52)weeks, whether or not consecutive, in any benefit year pursuant to an approvedwork-sharing plan.
(3) The work-sharing benefits paid shall be deducted from themaximum entitlement amount established for that individual's benefit year.
(4) If an employer approves time off and the worker hasperformed some work during the week, the individual is eligible forwork-sharing benefits based on the combined work and paid leave hours for thatweek. If the employer does not grant time off, the question of availabilitymust be investigated.
(5) If an employee was sick and consequently did not work allthe hours offered by the work-sharing employer in a given week, the employeewill be denied work-sharing benefits for that week.
(6) Claims for work-sharing benefits shall be filed in thesame manner as claims for unemployment compensation or as prescribed inregulations by the director.
(7) Provisions applicable to unemployment compensationclaimants shall apply to work-sharing claimants to the extent that they are notinconsistent with the established work-sharing provisions. An individual whofiles an initial claim for work-sharing benefits shall be provided, if eligiblefor benefits, a monetary determination of entitlement to work-sharing benefitsand shall serve a waiting week.
(8) If an individual works in the same week for an employerother than the work-sharing employer, the individual's work-sharing benefitsshall be computed in the same manner as if the individual worked solely withthe work-sharing employer. If the individual is not able to work or is notavailable for the normal work week with the work-sharing employer, then nowork-sharing benefits shall be payable to that individual for that week.
(9) An individual who performs no services during a week forthe work-sharing employer and is otherwise eligible shall be paid the fullweekly unemployment compensation amount. That week shall not be counted as aweek with respect to which work-sharing benefits were received.
(10) An individual who does not work for the work-sharingemployer during a week but works for another employer and is otherwise eligibleshall be paid benefits for that week under the partial unemploymentcompensation provisions of this chapter. That week shall not be counted as aweek with respect to which work-sharing benefits were received.
(11) Nothing in the section shall preclude an otherwiseeligible individual from receiving total or partial unemployment benefits whenthe individual's work-sharing benefits have been exhausted.
(i) Benefit charges. Notwithstanding any provisions ofthis title to the contrary, work-sharing benefits shall be charged to theaccount of the work-sharing employer. Employers liable for payments in lieu ofcontributions shall be responsible for reimbursing the employment security fundfor the full amount of work-sharing benefits paid to their employees under anapproved work-sharing plan.
(j) Extended benefits. An individual who has receivedall of the unemployment compensation or combined unemployment compensation andwork-sharing benefits available in a benefit year shall be considered anexhaustee for purposes of extended benefits, as provided under the provisionsof § 28-44-62, and, if otherwise eligible under those provisions, shall beeligible to receive extended benefits.
§ 28-44-69 Work-sharing benefits. –(a) Definitions. As used in this section, unless the context clearlyrequires otherwise:
(1) "Affected unit" means a specified plant, department,shift, or other definable unit consisting of two (2) or more employees to whichan approved work-sharing plan applies.
(2) "Eligible employee" means an individual who usually worksthirty (30) hours or more per week for the employer submitting a work-sharingplan.
(3) "Eligible employer" means any private employer who hashad contributions credited to his or her account and benefits have beenchargeable to this account, and who is not delinquent in the payment ofcontributions or reimbursements, as required by chapters 42 – 44 of thistitle.
(4) "Fringe benefits" include, but are not limited to, healthinsurance, retirement benefits, paid vacation and holidays, sick leave, andsimilar advantages that are incidents of employment.
(5) "Intermittent employment" means employment which is notcontinuous but may consist of periodic intervals of weekly work and intervalsof no weekly work.
(6) "Seasonal employment" means employment with an employerwho displays a twenty percent (20%) difference between its highest level ofemployment and its lowest level of employment each year for the three (3)previous calendar years as reported to the department of labor and training, oras shown in the information which is available and satisfactory to the director.
(7) "Temporary layoffs" for this purpose means the separationof workers in the affected unit for an indefinite period expected to last forat least two (2) months but less than six (6) months.
(8) "Usual weekly hours of work" means the normal hours ofwork each week for an employee in an affected unit when that unit is operatingon a full-time basis, not to exceed forty (40) hours and not including overtime.
(9) "Work-sharing benefits" means benefits payable toemployees in an affected unit under an approved work-sharing plan.
(10) "Work-sharing employer" means an employer with anapproved work-sharing plan in effect.
(11) "Work-sharing plan" means a plan submitted by anemployer under which there is a reduction in the number of hours worked by theemployees in the affected unit in lieu of temporary layoffs of some of theemployees.
(b) Criteria for approval of a work-sharing plan. Anemployer wishing to participate in the work-sharing program shall submit asigned written work-sharing plan to the director for approval. The directorshall approve a work-sharing plan only if the following requirements are met:
(i) The plan identifies the affected unit or units andspecifies the effective date of the plan;
(ii) The employees in the affected unit or units areidentified by name, social security number, the usual weekly hours of work,proposed wage and hour reduction, and any other information that the directorshall require;
(iii) The plan certifies that the reduction in the usualweekly hours of work is in lieu of temporary layoffs which would have affectedat least 10 percent (10%) of the employees in the affected unit or units towhich the plan applies and which would have resulted in an equivalent reductionin work hours;
(iv) The usual weekly hours of work for employees in theaffected unit or units are reduced by not less than 10 percent (10%) and notmore than 50 percent (50%), and the reduction in hours in each affected unitare spread equally among employees in the affected unit;
(v) The plan specifies the manner in which the fringebenefits of the participating employees will be affected;
(vi) In the case of employees represented by a collectivebargaining agent or union, the plan is approved in writing by the collectivebargaining agents or unions that cover the affected employees. In the absenceof any collective bargaining agent or union, the plan must contain acertification by the employer that the proposed plan, or a summary of the plan,has been made available to each employee in the affected unit;
(vii) The plan will not serve as a subsidy of seasonalemployment during the off season, nor as a subsidy for intermittent employment;and
(viii) The employer agrees to furnish reports relating to theproper conduct of the plan and agrees to allow the director or his or herauthorized representatives access to all records necessary to verify the planprior to approval and, after approval, to monitor and evaluate application ofthe plan.
(2) In addition to the matters previously specified in thissection, the director shall take into account any other factors that may bepertinent to proper implementation of the plan.
(c) Approval or rejection of the plan. The directorshall approve or reject a plan in writing. The reasons for rejection shall befinal and not subject to appeal. The employer shall be allowed to submitanother plan for consideration and that determination will be made based uponthe new data submitted by the interested employer.
(d) Effective date and duration of the plan. A planshall be effective on the date specified in the plan or on the first Sundayfollowing the date on which the plan is approved by the director, whichever islater. It shall expire at the end of the twelfth (12th) full calendar monthafter its effective date or on the date specified in the plan if that date isearlier; provided, that the plan is not previously revoked by the director. Ifa plan is revoked by the director, it shall terminate on the date specified inthe director's written order of revocation.
(e) Revocation of approval. The director may revokeapproval of a work-sharing plan for good cause. The revocation order shall bein writing and shall specify the date the revocation is effective and thereasons for it. The revocation order shall be final and not subject to appeal.
(2) Good cause shall include, but not be limited to, failureto comply with assurances given in the plan, unreasonable revision ofproductivity standards for the affected unit, conduct or occurrences tending todefeat the intent and effective operation of the plan, and violation of anycriteria on which approval of the plan was based.
(3) The action may be taken at any time by the director onhis or her own motion, on the motion of any of the affected unit's employees oron the motion of the collective bargaining agent or agents. The director shallreview the operation of each qualified employer plan at least once during theperiod the plan is in effect to assure its compliance with the work-sharingrequirements.
(f) Modification of the plan. An operational approvedwork-sharing plan may be modified by the employer with the consent of thecollective bargaining agent or agents, if any, if the modification is notsubstantial and is in conformity with the plan approved by the director,provided the modifications are reported promptly to the director by theemployer. If the hours of work are increased or decreased substantially beyondthe level in the original plan, or any other conditions are changedsubstantially, the director shall approve or disapprove the modificationswithout changing the expiration date of the original plan. If the substantialmodifications do not meet the requirements for approval, the director shalldisallow that portion of the plan in writing. The decision of the directorshall be final and not subject to appeal.
(g) Eligibility for work-sharing benefits. Anindividual is eligible to receive work-sharing benefits, subsequent to servinga waiting period as prescribed by the director, with respect to any week onlyif, in addition to meeting other conditions of eligibility for regular benefitsunder this title that are not inconsistent with this section, the directorfinds that:
(i) During the week, the individual is employed as a memberof an affected unit under an approved work-sharing plan that was approved priorto that week, and the plan is in effect with respect to the week for whichwork-sharing benefits are claimed;
(ii) The individual is able to work and is available for thenormal work week with the work-sharing employer.
(2) Notwithstanding any other provisions of this chapter tothe contrary, an individual is deemed unemployed in any week for whichremuneration is payable to him or her as an employee in an affected unit forless than his or her normal weekly hours of work as specified under theapproved work-sharing plan in effect for the week.
(3) Notwithstanding any other provisions of this title to thecontrary, an individual shall not be denied work-sharing benefits for any weekby reason of the application of provisions relating to the availability forwork and active search for work with an employer other than the work-sharingemployer.
(h) Work-sharing benefits. The work-sharing weeklybenefit amount shall be the product of the regular weekly benefit rate,including any dependents' allowances, multiplied by the percentage reduction inthe individual's usual weekly hours of work as specified in the approved plan.If the work-sharing weekly benefit amount is not an exact multiple of onedollar ($1.00) then the weekly benefit amount shall be rounded down to the nextlower multiple of one dollar ($1.00).
(2) An individual may be eligible for work-sharing benefitsor regular unemployment compensation, as appropriate, except that no individualshall be eligible for combined benefits in any benefit year in an amount morethan the maximum entitlement established for unemployment compensation, norshall an individual be paid work-sharing benefits for more than fifty-two (52)weeks, whether or not consecutive, in any benefit year pursuant to an approvedwork-sharing plan.
(3) The work-sharing benefits paid shall be deducted from themaximum entitlement amount established for that individual's benefit year.
(4) If an employer approves time off and the worker hasperformed some work during the week, the individual is eligible forwork-sharing benefits based on the combined work and paid leave hours for thatweek. If the employer does not grant time off, the question of availabilitymust be investigated.
(5) If an employee was sick and consequently did not work allthe hours offered by the work-sharing employer in a given week, the employeewill be denied work-sharing benefits for that week.
(6) Claims for work-sharing benefits shall be filed in thesame manner as claims for unemployment compensation or as prescribed inregulations by the director.
(7) Provisions applicable to unemployment compensationclaimants shall apply to work-sharing claimants to the extent that they are notinconsistent with the established work-sharing provisions. An individual whofiles an initial claim for work-sharing benefits shall be provided, if eligiblefor benefits, a monetary determination of entitlement to work-sharing benefitsand shall serve a waiting week.
(8) If an individual works in the same week for an employerother than the work-sharing employer, the individual's work-sharing benefitsshall be computed in the same manner as if the individual worked solely withthe work-sharing employer. If the individual is not able to work or is notavailable for the normal work week with the work-sharing employer, then nowork-sharing benefits shall be payable to that individual for that week.
(9) An individual who performs no services during a week forthe work-sharing employer and is otherwise eligible shall be paid the fullweekly unemployment compensation amount. That week shall not be counted as aweek with respect to which work-sharing benefits were received.
(10) An individual who does not work for the work-sharingemployer during a week but works for another employer and is otherwise eligibleshall be paid benefits for that week under the partial unemploymentcompensation provisions of this chapter. That week shall not be counted as aweek with respect to which work-sharing benefits were received.
(11) Nothing in the section shall preclude an otherwiseeligible individual from receiving total or partial unemployment benefits whenthe individual's work-sharing benefits have been exhausted.
(i) Benefit charges. Notwithstanding any provisions ofthis title to the contrary, work-sharing benefits shall be charged to theaccount of the work-sharing employer. Employers liable for payments in lieu ofcontributions shall be responsible for reimbursing the employment security fundfor the full amount of work-sharing benefits paid to their employees under anapproved work-sharing plan.
(j) Extended benefits. An individual who has receivedall of the unemployment compensation or combined unemployment compensation andwork-sharing benefits available in a benefit year shall be considered anexhaustee for purposes of extended benefits, as provided under the provisionsof § 28-44-62, and, if otherwise eligible under those provisions, shall beeligible to receive extended benefits.
