Ariz. Admin. Code § 6-3-1405

Current through Register Vol. 30, No. 25, June 21, 2024

Section R6-3-1405 - Shared Work

A. Shared Work Plans

1. Participation. The Department shall not permit an employee to participate concurrently in more than 1 shared work plan.

2. Amendment. Upon written request by the shared work employer, the Department shall:

a. Approve the transfer of an eligible employee from 1 approved plan to another approved plan; or

b. Amend the plan to include an eligible employee who was omitted from the approved plan.

B. Shared Work Employer's Contribution Rate. When any of the members of a Joint Experience Rating Account established under the provisions of R6-3-1712(A) have an approved shared work plan, the Department shall assign the members a contribution rate as prescribed in A.R.S. § 23-765.

C. Shared Work Benefits

1. Normal Weekly Hours. In A.R.S. § 23-764, the phrase "normal weekly hours of work for which the employer would not compensate the employee" means the number of hours, as defined in A.R.S. § 23-761(3), less the weekly hours of work for which the employer would compensate the employee, or for which the employer would compensate the employee had the employee worked.

a. Normal weekly hours of work include the hours calculated by a shared work employer converting the amount of an employee's average weekly earnings to an hourly equivalent.

b. Weekly hours of work for which the employer would compensate the employee include, to the nearest 10th of an hour, actual hours of work and other hours for which the employee has been or will be compensated, such as holiday pay, sick leave pay, and vacation or annual leave pay.

2. Weekly Certification. For each week of shared work benefits claimed by an employee in an affected group, the employer shall, in a format prescribed by the Department, provide and certify the following information:

a. The hours of work for which the employer compensated the employee, and

b. Whether the employee refused to accept any work offered by the employer.

3. Refusal of work. The statutory disqualification prescribed in A.R.S. § 23-776 applies when the Department determines that a shared work claimant failed to accept suitable full-time work offered by the shared work employer. The Department shall determine the suitability of the work offered as prescribed in A.R.S. § 23-776.

4. Previously assessed disqualification. Designation of an employee as a participant in an affected group does not terminate or suspend a previously assessed disqualification. For purposes of A.R.S. § 23-778, a weekly shared work claim is a valid claim for benefits.

5. Retirement pay. When retirement pay is deductible as prescribed in A.R.S. § 23-791, the Department shall deduct the weekly retirement amount from the computed shared work benefit amount.

6. Extended benefits. A shared work claimant is eligible to receive shared work benefits under the extended benefit program if the claimant meets the requirements of A.R.S. § 23-634.

7. Backdating. In the manner prescribed in R6-3-5475(E)(1), the Department shall backdate the effective date of a shared work initial claim for benefits to an earlier date if the claimant received misinformation about the filing of a claim from the shared work employer or the Department, except that the Department shall not backdate the effective date to a date prior to the effective date of the approved plan showing the claimant as a member of an affected group.

8. Dual claims. The Department shall not permit a claimant to receive regular benefits and shared work benefits concurrently.

9. Termination of shared work employment. A shared work claimant who terminates employment with, or is terminated by, the shared work employer is not eligible for shared work compensation for the calendar week in which the termination occurred. When a termination occurs, the shared work employer shall enter the date of termination on the weekly certification.

10. Offset. The Department shall use shared work benefits to offset any indebtedness to the Department as provided for in A.R.S. § 23-787.

D. Other Employment. The Department shall not charge the account of a base-period employer who is not the shared work employer, but who continues to employ a shared work claimant, for benefits paid to the claimant, if the base period employer submits written information of the continued employment within 10 days of the date of the Department's notice that the claimant has 1st filed a claim for benefits.

Ariz. Admin. Code § R6-3-1405

Adopted effective December 2, 1983 (Supp. 83-6). Amended effective July 22, 1997 (Supp. 97-3).