AB15: Bill Text

AB15,7,5 (a) Specify the work unit in which the plan will be implemented, the affected positions, and the names of the employees filling those positions on the date of submittal.

AB15,7,7 (b) Provide for inclusion of at least 10 percent of the employees in the affected work unit on the date of submittal.

AB15,7,9 (c) Provide for initial coverage under the plan of at least 20 positions that are filled on the effective date of the work-share program.

AB15,7,11 (d) Specify the period when the plan will be in effect, which may not exceed 6 months in any 5-year period within the same work unit.

AB15,7,13 (e) Provide for apportionment of reduced working hours equitably among employees in the work-share program.

AB15,7,15 (f) Exclude participation by employees who are employed on a regular part-time, seasonal, temporary, or intermittent basis.

AB15,7,19 (g) Apply only to employees who have been engaged in employment with the employer for a period of at least 3 months on the effective date of the work-share program and who are regularly employed by the employer in that employment for an average of at least 32 hours per week during that period.

AB15,7,24 (h) Specify the normal average hours per week worked by the employees in the work unit and the intended reduction or range of reduction in the average hours of work per week worked by the employees under the plan, which shall be at least 10 percent but not more than 50 percent of the normal hours per work of the employees included under the plan.

AB15,8,3 (i) Describe the manner in which requirements for maximum federal financial participation in the plan will be implemented, including a plan for giving notice, where feasible, to participating employees of changes in work schedules.

AB15,8,5 (j) Provide an estimate of the number of layoffs that would occur without implementation of the plan.

AB15,8,8 (k) Specify the effect on any fringe benefits provided by the employer to the employees who are included in the work-share program other than fringe benefits required by law.

AB15,8,10 (L) Include a statement affirming that the plan is in compliance with all employer obligations under applicable federal and state laws.

AB15,8,13 (3) Approval of plans. The department shall approve a plan if the plan includes all of the elements specified in sub. (2). The approval is effective for the effective period of the plan.

AB15,8,20 (4) Effective period. A work-share program becomes effective on the later of the Sunday of the 2nd week beginning after approval of a work-share plan under sub. (3) or any Sunday after that day specified in the plan. A work-share program ends on the earlier of the last Sunday that precedes the end of the 6-month period beginning on the effective date of the program or any Sunday before that day specified in the plan unless the program terminates on an earlier date under sub. (5), (14), or (15).

AB15,9,2 (5) Revocation of approval. The department may revoke its approval of a work-share plan for good cause, including conduct that tends to defeat the purpose and effective operation of the plan, failure to comply with the requirements of this section or the work-share plan, or an unreasonable change to the productivity standards of the employees included under the work-share program. Any revocation is effective on the Sunday of the 2nd week beginning after revocation of approval of the plan under this subsection.

AB15,9,9 (6) Benefit amount. Except as provided in sub. (7), an employee who is included under a work-share program and who qualifies to receive regular benefits for any week during the effective period of the program shall receive a benefit payment for each week that the employee is included under the program in an amount equal to the employee's regular benefit amount under s. 108.05 (1) multiplied by the employee's proportionate reduction in hours worked for that week as a result of the work-share program.

AB15,9,13 (7) Benefits for partial unemployment. An employee who would otherwise be paid benefits under s. 108.05 (3) for any week shall receive a benefit payment for that week in the amount payable to the employee under sub. (6) or the amount payable to the employee under s. 108.05 (3), whichever is higher.

AB15,9,18 (8) Benefit year. An employee may be paid a benefit under sub. (6) only for weeks beginning in the employee's benefit year in an amount not exceeding the employee's total benefit entitlement under s. 108.06 (1). Benefits paid under sub. (6) may begin after the first week of the employee's benefit year or may terminate earlier than the last week of the employee's benefit year.

AB15,9,22 (9) Other benefits. An employee who receives benefits under sub. (6) remains eligible for any benefits other than regular benefits for which the employee may qualify and the amount of those benefits is not affected by the employee's receipt of benefits under sub. (6).

AB15,9,25 (10) Availability for work. An employee who is receiving benefits under sub. (6) for any week need not be available for work in that week other than for the normal hours of work that the employee worked for the employer that creates the work-share program immediately before the week in which the work-share program began.

AB15,10,6 (10m) Registration for work and work search. The department shall waive the requirements to register for work under s. 108.04 (2) (a) 2. and to conduct a search for work under s. 108.04 (2) (a) 3. for an employee during each week that the employee is receiving benefits under a work-share agreement under sub. (6).

AB15,10,9 (11) Other employment. An employee who is included in a work-share program during a benefit year may be paid wages during the same benefit year by an employer other than the employer who creates the work-share program.

AB15,10,16 (12) Retirement plan and health insurance coverage. An employer that creates a work-share program shall maintain coverage under any defined benefit or defined contribution retirement plan and any health insurance coverage that the employer provides to the employees who are included in a work-share program, including any particulars of coverage and percentages contributed by the employer for the costs of that coverage, during the effective period of the program under the same terms and conditions as if the employees were not included in the program.

AB15,10,23 (14) Termination by employer. An employer that creates a work-share program may terminate the program before the end of the effective period as provided in the work-share plan by filing notice of termination with the department. The program is then terminated on the 2nd Sunday following the date that the notice of termination is filed unless the notice specifies that the program is terminated at the beginning of a later week in which case the program terminates at the beginning of that week.

AB15,11,3 (15) Involuntary termination. If in any week there are fewer than 20 employees who are included in a work-share program of any employer, the program terminates on the 2nd Sunday following the end of that week.

AB15,11,10 (16) Successorship. If all or any part of the business of an employer that creates a work-share program is transferred as provided in s. 108.16 (8), the successor employer may continue the work-share program as provided in the work-share plan or may terminate the program by filing notice of termination under sub. (14). Termination by a successor employer does not affect any employees of the transferring employer who continue their employment with the transferring employer.

AB15,11,15 (17) Termination of employment. An employee who is included in a work-share program may be terminated or may voluntarily terminate his or her employment during the effective period of the program and the employee's eligibility or ineligibility for benefits for any weeks beginning after the date of termination is not affected solely as a result of the employee's inclusion in the program.

AB15,11,19 (18) Federal financial participation. The department shall seek to qualify this state for full federal participation in the cost of administration of this section and financing of benefits to employees participating in work-share programs under this section.

AB15,12 Section 12. Nonstatutory provisions.

AB15,12,3 (1) Notwithstanding the effective date of this act, the department of workforce development may request approval of the joint committee on finance to delay implementation of this act until a date no later than December 31, 2013, by submitting a request to the cochairpersons of the committee. If the cochairpersons notify the department and the legislative reference bureau that the committee has approved a delay in implementation of this act until a date specified by the committee, the department may delay implementation of this act until the date specified by the committee.

AB15,13 Section 13. Effective date.

AB15,12,5 (1) This act takes effect on June 30, 2013.

AB15,12,6 (End)