2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.28c - Shared-Work Plan; Application; Requirements; Manner; Contents; Approval of More Than 1 Plan.

421.28c Shared-work plan; application; requirements; manner; contents; approval of more than 1 plan.
Sec. 28c.
(1) An employer that meets all of the following requirements may apply to the unemployment agency for approval of a shared-work plan:
(a) The employer has filed all quarterly reports and other reports required under this act and has paid all obligation assessments, contributions, reimbursements in lieu of contributions, interest, and penalties due through the date of the employer's application.
(b) If the employer is a contributing employer, the employer's reserve in the employer's experience account as of the most recent computation date preceding the date of the employer's application is a positive number.
(c) The employer has paid wages for the 12 consecutive calendar quarters preceding the date of the employer's application.
(2) An application under this section shall be made in the manner prescribed by the unemployment agency and contain all of the following:
(a) The employer's assurance that it will provide reports to the unemployment agency relating to the operation of its shared-work plan at the times and in the manner prescribed by the unemployment agency and containing all information required by the unemployment agency.
(b) The employer's assurance that it will not hire new employees in, or transfer employees to, the affected unit during the effective period of the shared-work plan.
(c) The employer's assurance that it will not lay off participating employees during the effective period of the shared-work plan, or reduce participating employees' hours of work by more than the reduction percentage during the effective period of the shared-work plan, except in cases of holidays, designated vacation periods, equipment maintenance, or similar circumstances.
(d) The employer's certification that it has obtained the approval of any applicable collective bargaining unit representative and has notified all affected employees who are not in a collective bargaining unit of the proposed shared-work plan.
(e) A list of the week or weeks within the requested effective period of the plan during which participating employees are anticipated to work fewer hours than the number of hours determined under section 28d(1)(e) due to circumstances listed in subdivision (c).
(f) The employer's certification that the implementation of a shared-work plan is in lieu of layoffs that would affect at least 15% or, until March 31, 2021, 10%, of the employees in the affected unit and would result in an equivalent reduction in work hours.
(g) The employer's assurance that it will abide by all terms and conditions of sections 28b to 28m.
(h) The employer's certification that, to the best of his or her knowledge, participation in the shared-work plan is consistent with the employer's obligations under federal law and the law of this state.
(i) Any other relevant information required by the unemployment agency.
(3) An employer may apply to the unemployment agency for approval of more than 1 shared-work plan.
(4) Notwithstanding any other provision of this act, until March 31, 2021, the unemployment agency may approve a shared-work plan submitted by an employer even if the employer does not meet the requirements of subsection (1) or (2)(b).
History:
Add. 2012, Act 216, Eff. Jan. 1, 2013 ;-- Am. 2012, Act 579, Imd. Eff. Jan. 2, 2013 ;-- Am. 2020, Act 229, Imd. Eff. Oct. 20, 2020 ;-- Am. 2020, Act 258, Imd. Eff. Dec. 29, 2020