§ 8-1204. Requirements for approval

   The Secretary shall approve a work sharing plan that meets the following requirements:

   (1) the work sharing plan shall apply to:

      (i) at least 10% of the employees in the affected unit; or

      (ii) at least 20 employees in an affected unit in which the work sharing plan applies equally to all affected employees.

   (2) the normal weekly work hours of affected employees in the affected unit shall be reduced by at least 10% but, unless waived by the Secretary, the reduction may not exceed 50%.

   (3) a work sharing plan shall:

      (i) identify the affected unit;

      (ii) identify each employee in the affected unit by name, Social Security number, and any other information that the Secretary requires;

      (iii) specify an expiration date that is not more than 6 months after the effective date of the work sharing plan;

      (iv) specify the effect that work sharing will have on the fringe benefits of each employee in the affected unit including:

         1. health insurance for hospital, medical, dental, and similar services;

         2. retirement benefits under benefit pension plans as defined in § 3(35) of the federal Employee Retirement Income Security Act of 1974;

         3. holiday and vacation pay;

         4. sick leave; and

         5. similar advantages;

      (v) certify that:

         1. each affected employee has been continuously on the payroll of the employing unit for 3 months immediately before the date on which the employing unit or employer association submits the work sharing plan; and

         2. the total reduction in normal weekly work hours is instead of layoffs that would have affected at least the number of employees specified in item (1) of this section and that would have resulted in an equivalent reduction in work hours; and

      (vi) contain the written approval of:

         1. the collective bargaining agent for each collective bargaining agreement that covers any affected employee in the affected unit; or

         2. if there is no agent, a representative of the employees or employee association in the affected unit.

   (4) if a work sharing plan serves the work sharing employer as a transitional step to permanent staff reduction, the work sharing plan shall contain a reemployment assistance plan for each affected employee that the work sharing employer develops with the Secretary.

   (5) the work sharing employer shall agree to:

      (i) submit to the Secretary reports that are necessary to administer the work sharing plan; and

      (ii) allow the Department to have access to all records necessary:

         1. to verify the work sharing plan before its approval; and

         2. to monitor and evaluate the application of the work sharing plan after its approval.

   (6) a work sharing plan may not subsidize an employing unit that traditionally has used employees who work less than 30 hours a week.

HISTORY: An. Code 1957, art. 95A, § 24; 1991, ch. 8, § 2.