Section 916.6 - Criteria for compensationSection effective upon United States Department of Labor approval and published notice thereof. See 43 P.S. § 916.11.
(a) General rule.--Compensation shall be payable to a participating employee for a week within the effective period of an approved shared-work plan during which the employee works the number of hours determined under section 1303(a)(5) for the participating employer on the same terms, in the same amount and subject to the same conditions that would apply to the participating employee without regard to this article, except as follows:(1) A participating employee shall not be required to be unemployed within the meaning of section 4(u) or file claims for compensation undersection 401(c) . (2) Notwithstanding section 404(d)(1) , a participating employee shall be paid compensation in an amount equal to the product of his weekly benefit rate and the reduction percentage, rounded to the next lower whole dollar amount.(3) The department shall not deny compensation to a participating employee for any week during the effective period of the shared-work plan by reason of the application of any provision of this act relating to active search for work or refusal to apply for or accept work other than work offered by the participating employer.(4) A participating employee satisfies the requirements of section 401(d)(1) if the employee is able to work and is available for the employee's normal weekly hours of work with the participating employer.(b) Equivalent remuneration.--For purposes of subsection (a), if a participating employee works fewer hours than the number of hours determined under section 1303(a)(5) for the participating employer during a week within the effective period of the approved shared-work plan but receives remuneration equal to remuneration the employee would have received if the employee had worked the number of hours determined under section 1303(a)(5), the employee will be deemed to have worked the number of hours determined under section 1303(a)(5) during that week.(c) Inapplicability of article.--A participating employee's eligibility for compensation for a week within the effective period of an approved shared-work plan shall be determined without regard to this article under any of the following circumstances:(1) The employee works fewer hours than the number of hours determined under section 1303(a)(5) for the participating employer during the week and subsection (b) does not apply.(2) The employee works more hours than the number of hours determined under section 1303(a)(5) for the participating employer during the week.(3) The employee receives remuneration for the week from the participating employer for hours in excess of the number of hours determined under section 1303(a)(5).1936, Second Ex.Sess., Dec. 5, P.L. (1937) 2897, art. XIII, § 1306, added 2011, June 17, P.L. 16, No. 6, § 8.