19 Del. Admin. Code § 1103-5.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 1103-5.0 - Extensions and Other Changes in Plans

5.1 For purposes of 19 Del.C. § 1906, the date a mass layoff originally commenced shall be the date on which the first affected employee was laid off.

5.2 If a mass layoff, plant closing, or relocation is postponed beyond the date of separation or end of the 14-day period stated in the initial notice, additional notice is required.

5.2.1 If the postponement is for less than 60 days, the additional notice shall be given as soon as possible. The additional notice shall include reference to the earlier notice, the date or 14-day period to which the planned action is being postponed, and the reasons for the postponement. The additional notice shall otherwise meet all the requirements of the original notice as to form, delivery, and parties entitled to notice.

5.2.2 If the postponement is for 60 days or more, the additional notice should be treated as a new notice subject to all requirements of 19 Del.C. Ch. 19 and these regulations.

5.3 If, after notice has been given, an employer determines that it will continue operations and the announced plant closing, mass layoff, or relocation will not occur, the employer shall give a notice of rescission to the Department as soon as possible after the decision is made. The notice of rescission shall include reference to the earlier notice and the reason why such action is no longer required.

19 Del. Admin. Code § 1103-5.0

28 DE Reg. 463 (12/1/2024) (Final)