7 CCR 1101-2-18.1 - WORK SHARE
18.1.1
STATUTORY REFERENCE: 8-75-203,
C.R.S.
18.1.2 criteria for
work share plan
.1 The director shall deny a
work share plan if the employer has seasonal status with the division and any
portion of the work share period is during the employer's off-season.
.2 The provisions of section
8-75-203(1)(b)(i)
notwithstanding, the division, at its discretion during an economic crisis or
declared state of emergency, may accept a work share plan submitted by a
negative excess employer.
.3 an
employer who has been approved for a workshare plan must reduce hours and
earnings for the employees identified on the work share plan by at least ten
percent and no more than 50 percent of the employees' regular work hours. any
reduction in pay under this section must be proportional to the reduction in
hours."
18.1.3.1 work
share plan modification an employer can submit a plan modification for a
maximum of one new modification every 7 days or no earlier than 7 days after
the submission of a plan or plan modification
18.1.4
Work Share Plan Revocation.
The director may revoke approval of a work share plan for good cause. A
decision of revocation is final and the employer's re-enrollment is subject to
a waiting period pursuant to 18.1.4.1. The revocation order shall be in writing
and shall specify the date the revocation is effective and the reasons. Good
cause shall include, but not be limited to, violation of any criteria upon
which approval of the plan was based, unreasonable revision of productivity
standards for the affected unit, or other conduct by the employer that may
compromise the purpose, intent, and effective operation of the plan.
18.1.4.1
Waiting Period After
Revocation. An employer that has had a Workshare plan revoked for an
affected unit under an approved Workshare plan may not reapply for a new
Workshare plan for the affected unit or any employee included in that affected
unit for a period of six weeks from the effective date of such revocation.
18.1.4.2
Early Termination
of Workshare Plan. An employer that terminates a Workshare plan for any
employment unit under an approved Workshare plan shall not be eligible to
reapply for a new Workshare plan for the affected unit or to include any
employee of that unit for a period of six weeks following the Division's
receipt of the employers notice of intent to terminate the Workshare plan.
18.1.5
Repealed.
18.1.6
Employee
Eligibility Under The Work Share Plan
.1 An individual who has received all of the
work share benefits and regular unemployment compensation benefits available to
him or her in a benefit year is an exhaustee for purposes of 8-75-101 C.R.S.
and is entitled to receive extended benefits under such sections, provided the
claimant is otherwise eligible for such benefits.
.2 If an individual who is eligible to
receive work share benefits has a prior overpayment, which is still
outstanding, the director shall offset such overpayment from work share
benefits in accordance with 8-81-101 C.R.S
.3 If an individual who is eligible to
receive work share benefits has been identified as having outstanding child
support obligations, the director shall reduce the work share benefits in
accordance with 8-73-102 C.R.S.
.4
Wages earned from other part-time work will not reduce benefits and are not
reportable.
.5 No individual shall
be eligible to receive a work share benefit payment for a given week if their
work hours in that week are such that their overall reduction in hours from
normal would be less than ten percent. In no case shall an individual be
eligible to receive a work share benefit payment for a week if their hours of
work in that week exceeds thirty-six.
.6 An individual may receive up to 52 weeks
of work share benefits, not to exceed the maximum benefit amount available on
the claim during an economic crisis or declared state of emergency and when
federal law permits workshare benefits normally charged to an employer's
account to be covered by other funding.
18.1.7 Work Share Program Administration. The
administration of the work share program shall be as follows:
.1 A work share plan shall be effective on
the date it is approved by the director or the first week specified by the
employer, whichever is later.
.2 A
work share plan shall expire twelve months or less after the effective date of
the plan.
.3 An employer's
chargeability under a work share plan is subject to the provisions of 8-73-108
(3)(e)(i) C.R.S.
.4 An individual
who does not work during a week for the work share employer and who is
otherwise eligible for benefits shall be paid regular unemployment benefits and
the week shall not be counted as a week for which work share benefits were
received.
Notes
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