Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2870 - SPECIAL PROGRAMS › Subpart A - SHORT-TIME COMPENSATION PROGRAM › Section 2870.30 - Modification of a Short-Time Compensation Plan

Current through Register Vol. 48, No. 28, July 12, 2024
a) When an employer seeks to modify an
				approved STC plan, the employer must promptly submit the request to modify the
				plan by sending an email to the Department at DES.WorkShare@illinois.gov. The
				request for modification must identify the provisions of the plan to be
				modified and explain why the modifications are necessary and consistent with
				the purposes for which the plan was approved and the certifications that the
				employer made in its application. The Director or authorized Department
				employee may request further information from the employer before a request to
				modify a plan is approved.
EXAMPLE 1: Company H has in operation an approved STC plan
				  for its affected design unit. The plan calls for a 50% reduction in hours for
				  the workers in the affected unit. While the STC plan is in operation, economic
				  conditions for Company H improve. Company H seeks to modify its plan to provide
				  for a 20% reduction in hours for the workers in the affected unit. This
				  proposed change in the percentage of reduction of hours worked falls within the
				  parameters of permitted work reduction set forth in Section 502 of the Act.
				  Such a proposed modification to the plan requires the employer to make a
				  request to the Director for approval of the modification of the STC
				  plan.
EXAMPLE 2: Company J has in operation an approved STC plan
				  for its affected packing unit. The plan calls for a 20% reduction in hours for
				  the workers in the affected unit. While the STC plan is in operation, economic
				  conditions for Company J get worse. Company J seeks to modify its plan to
				  provide for a 50% reduction in hours for the workers in the affected unit. This
				  proposed change in the percentage of reduction of hours worked falls within the
				  parameters of permitted work reduction set forth in Section 502 of the Act.
				  Such a proposed modification to the plan requires the employer to make a
				  request to the Director for approval of the modification of the STC
				  plan.
EXAMPLE 3: Company N has in operation an approved STC plan
				  for its affected parts unit. The plan provides for a 25% reduction in hours
				  worked for the employees in the affected unit. Due to a snowstorm in western
				  states, there is a delay in the shipment of parts to Company N. Company N is
				  informed by its supplier that the delay will last one week. With this
				  information, for the one week of the delay, Company N wishes to reduce the
				  hours of work of its employees in the affected unit by 60%, but by no more than
				  60%. In this situation, Company N must make a request to the Director for
				  approval to modify the STC plan prior to the change in hours worked.
EXAMPLE 4: Company K has an approved STC plan in operation
				  for its affected factory unit. While the plan is in operation, Company L
				  succeeds to substantially all of the employing enterprises of Company K, which
				  includes the factory at which all of the employees in the affected unit work.
				  The Director receives a request to modify the approved STC plan. Under these
				  circumstances, the Director will require the new employer (Company L) to submit
				  a new application for approval of a plan instead of treating the correspondence
				  as a request to modify an approved plan.
b) The voluntary separation of an affected
				employee from employment with the employer does not require a modification of
				the plan, but this separation must be reported to the Department at
				DES.WorkShare@illinois.gov on or before the week the departure is effective. A
				non-voluntary separation of an affected employee requires the employer to
				request a modification of the plan under this Section.
EXAMPLE 1: Company M has in operation an approved STC plan
				  for its affected ironwork unit. Mr. A is a worker in the affected unit. While
				  the STC plan is in operation, Mr. A finds a new job and separates from Company
				  M. The affected unit now has one fewer worker in it than it had at the time of
				  the STC plan approval. Mr. A's departure from Company M does not require the
				  employer to make a request to the Director for approval to modify the STC plan
				  so long as the affected unit has no fewer than 2 workers, and so long as the
				  plan proceeds in operation as it was approved. Nonetheless, the employer shall
				  promptly notify the Director that Mr. A is no longer a participant in the
				  plan.
EXAMPLE 2: Company M has in operation an approved STC plan
				  for its affected ironwork unit. Ms. B is a worker in the affected unit. Company
				  M discharges Ms. B from its employment, alleging that the discharge was for
				  misconduct. Ms. B's discharge is a non-voluntary separation of an affected
				  employee from the affected unit and requires a modification of the plan.
c) A modification of an STC plan
				may change the start date of a plan, may shorten the duration of a plan, but it
				may not extend the expiration date of the plan as it was approved.
d) When an employer requests a modification
				of an approved plan, the Director will have 30 days from the date of receipt of
				the request for modification of the STC plan to approve the proposed
				modification in whole or in part, or to disapprove the proposed modification.
				The Director's decision shall be final, and promptly communicated in writing to
				the employer to the address or email account of record with the Department for
				purposes of STC. The Director's failure to issue a written decision within 30
				days after the date of receipt of the request to modify the plan constitutes a
				decision disapproving the request for modification.