Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 27 - WORKSHARE PROGRAM › Section 172-27-2 - WorkShare Plan Applications

Current through 2024-29, July 17, 2024
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.