Section 916.2 - Application to approve shared-work planSection effective upon United States Department of Labor approval and published notice thereof. See 43 P.S. § 916.11.
(a) Requirements.--An employer that meets all of the following requirements may apply to the department for approval of a shared-work plan: (1) The employer has filed all quarterly reports and other reports required under this act and has paid all contribution, reimbursement, interest and penalty due through the date of the employer's application.(2) If the employer is contributory, the employer's reserve account balance as of the most recent computation date preceding the date of the employer's application is a positive number.(3) The employer has paid wages for the twelve (12) consecutive calendar quarters preceding the date of the employer's application.(b) Application.--An application under this section shall be made in the manner prescribed by the department and contain all information required by the department, including the following: (1) The employer's written plan, describing the manner in which the requirements of this article will be implemented, including a plan for giving advance notice, where feasible, to participating employees whose hours of work are reduced, an estimate of the number of layoffs that would have occurred in the absence of the employer's shared-work plan and other information required by the department and the United States Department of Labor.(1.1) The employer's assurance that it will provide reports to the department relating to the operation of its shared-work plan at the times and in the manner prescribed by the department and containing all information required by the department, including the number of hours worked each week by participating employees.(2) The employer's assurance that it will not hire new employees in or transfer employees to the affected unit during the effective period of the shared-work plan.(3) The employer's assurance that it will not lay off participating employees during the effective period of the shared-work plan, or reduce participating employees' hours of work by more than the reduction percentage during the effective period of the shared-work plan, except in cases of holidays, designated vacation periods, equipment maintenance or similar circumstances.(4) A list of the week or weeks within the requested effective period of the shared-work plan during which participating employees are anticipated to work fewer hours than the number of hours determined under section 1303(a)(5) due to circumstances included in paragraph (3).(5) The employer's certification that the implementation of a shared-work plan is in lieu of layoffs that would affect at least 10% of the employees in the affected unit and would result in an equivalent reduction in work hours.(6) The employer's assurance that it will abide by all terms and conditions of this article.(7) The employer's attestation that its implementation of the shared-work plan is consistent with the employer's obligations under Federal and State law.(8) If the employer provides health benefits and retirement benefits under a defined benefit plan as defined in section 414(j) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 414(j)), or contributions under a defined contribution plan as defined in section 414(i) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 414(i), to a participating employee whose hours of work are reduced under the shared-work plan, the employer's certification that the benefits will continue to be provided to participating employees under the same terms and conditions as though the hours of work of the employees had not been reduced or to the same extent as other employees not participating in the shared-work plan.(c) Multiple shared-work plans.--An employer may apply to the department for approval of more than one shared-work plan.Amended by P.L. 637 2013 No. 75, § 5, eff. 1/21/2014.1936, Second Ex.Sess., Dec. 5, P.L. (1937) 2897, art. XIII, § 1302, added 2011, June 17, P.L. 16, No. 6, § 8.