12-172-27 Me. Code R. § 2

Current through 2024-51, December 18, 2024

Section 172-27-2 - WorkShare Plan Applications

A. The WorkShare application must include the following:

(1) Attest that the employer is not delinquent in the payment of contributions or reimbursements or in the reporting of wages;

(2) Identify the affected unit or units;

(3) Specify the effective date of the plan, which must coincide with the first day of a benefit week;

(4) Specify the end date of the plan, which must coincide with the last day of a benefit week and which may not be later than 12 calendar months after the effective date;

(5) Identify the eligible employees in the affected unit or units by name, social security number, usual weekly hours of work, proposed wage and hour reduction;

(6) Certify that the reduction in the usual weekly hours of work is in lieu of layoffs that would have affected at least 10% of the eligible employees in the affected unit or units and that would have resulted in an equivalent reduction in work hours;

(7) Specify the specific percentage of reduction in the usual weekly hours of work for eligible employees in the affected unit or units and certify that the reduction in hours in each affected unit is spread equally among eligible employees in the affected unit. This reduction must be not less than 10% and not more than 50%;

(8) Specify the manner in which the fringe benefits of the eligible employees will be affected. If the employer provides health benefits or retirement benefits under a defined benefit plan, the application must specify that the employer must continue to provide the benefits to employees participating in the WorkShare program as if the workweeks of these employees had not been reduced or to the same extent the benefits are provided to other employees not participating in the WorkShare program;

(9) In the case of eligible employees represented by a collective bargaining agent, certify that the WorkShare plan is approved in writing by the collective bargaining agent that covers the affected eligible employees. In the absence of a collective bargaining agent, certify that the proposed plan, or a summary of the plan, has been made available to each eligible employee in the affected unit.;

(10) Certify that the WorkShare plan will not serve as a subsidy of seasonal employment during the off-season or a subsidy of intermittent employment;

(11) Specify that the employer agrees to furnish reports relating to the proper conduct of the WorkShare plan and agrees to allow the commissioner or the commissioner's designee or authorized representatives access to all records necessary to verify the plan prior to approval and to monitor and evaluate application of the plan after approval;

(12) Specify the number of layoffs that would have occurred absent the ability of employees to participate in the WorkShare plan;

(13) Certify that eligible employees will be allowed to participate, as appropriate, in approved training, including, but not limited to, employer-sponsored training or worker training funded under the federal Workforce Innovation and Opportunity Act, Public Law 113-128, to enhance job skills if such training has been approved by the commissioner.

12-172 C.M.R. ch. 27, § 2