Section 219-19-003 - Short-time compensation planA. Any employer wishing to participate in the STC program shall complete and submit an STC plan application in a form and manner designated by the commissioner.B. The commissioner will approve or deny an STC plan within 30 days of receiving a completed STC plan application. If an STC plan application is approved, the commissioner shall notify the STC employer of the effective date of the STC plan.C. An STC plan may only apply to an affected unit that consists of three or more employees.D. An STC plan may only apply to permanent employees of the STC employer in the affected unit. Workers hired through an employee-leasing company are not eligible for STC benefits.E. An STC plan must provide that all members of an affected unit and any other workers performing similar services within the affected unit will have their usual weekly hours worked reduced by the same percentage, which must be between 10 percent and 60 percent.F. An employee may only be in one affected unit for purposes of an employer's STC plan and may not be included in more than one STC plan for the same employer.G. In calculating an employee's usual weekly hours worked, an STC employer shall use the following principles: i. If the employee is paid on an hourly basis, the usual weekly hours worked shall be based on the actual average weekly hours worked when the STC employer was operating on its regular basis but shall be no more than 40.ii. If the employee is paid on a salary basis, the employee's percentage of hours reduced must match the percentage the employee's salary is reduced by the STC employer, but the usual weekly hours worked shall be no more than 40.iii. If the employee is paid on any basis other than hourly or salary, the STC employer must explain in its plan application how it will establish a percentage of hours reduced for the purpose of the STC plan. The usual weekly hours worked shall be no more than 40.219 Neb. Admin. Code, ch. 19, § 003
Amended effective 10/16/2022