LRB-2782/1
MED:wlj
2021 - 2022 LEGISLATURE
April 21, 2021 - Introduced by Senators Erpenbach, Wirch, Bewley, Carpenter,
L. Taylor, Roys, Ringhand, Pfaff, Smith and Larson, cosponsored by
Representatives Sinicki, Shankland, Hesselbein, Anderson, Hintz, Hebl,
Vruwink, Neubauer, Conley, S. Rodriguez, Emerson, Andraca, Shelton,
Spreitzer, Skowronski, Subeck and Stubbs. Referred to Committee on Labor
and Regulatory Reform.
SB320,1,2
1An Act to amend 108.062 (20) (intro.) and 108.062 (20) (c) of the statutes;
2relating to: unemployment insurance work-share programs.
Analysis by the Legislative Reference Bureau
Current law allows an employer to create a work-share program within a work
unit of the employer. Under a work-share program, the working hours of all of the
full-time employees in the program are reduced in an equitable manner in lieu of a
layoff of some of the employees and a continuation of full-time employment by the
other employees. A claimant for unemployment insurance (UI) benefits who is
included in a work-share program may receive UI benefits during his or her
continued employment with the work-share employer in an amount equal to the
claimant's benefit for total unemployment multiplied by the same percentage
reduction in normal working hours that the claimant incurs under the program.
Current law also provides for the temporary modification of certain requirements
that apply to work-share plans with respect to work-share plans submitted on or
after April 17, 2020, and before the conclusion of a national emergency declared by
the U.S. president in response to the 2019 novel coronavirus or July 4, 2021,
whichever is earlier.
Also, under a provision in federal law, first enacted in the federal CARES Act,
a state with a work-share law may receive payment equal to 100 percent of the
amount of work-share benefits paid under a work-share program under the
provisions of the state law. The CARES Act provided the payments for weeks of
unemployment ending on or before December 31, 2020, but the date has been
extended further, most recently in the federal American Rescue Plan Act. Under the
American Rescue Plan Act, the payments are extended for weeks of unemployment
ending on or before September 6, 2021.
The bill does the following under state law with respect to work-share
programs:
1. Extends the applicability of these modifications to correspond with the date
described above provided in federal law (currently September 6, 2021) so that if
federal law is amended to further extend the end date for the federal payments, the
modifications are extended as well.
2. Adds an additional temporary modification to allow work-share plans to
remain in effect for 12 months in a five-year period, instead of six months.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB320,2,123
108.062
(20) Suspensions of certain provisions. (intro.) Notwithstanding sub.
4(2), this subsection, and not sub. (2), applies to work-share plans submitted on or
5after April 17, 2020, and before the
conclusion of a national emergency declared by
6the U.S. president under 50 USC 1621 in response to the 2019 novel coronavirus or
7July 4, 2021, whichever is earlier applicable date in section 2108 (b) (2) of the federal
8CARES Act, as amended, 15 USC 9026 (b) (2), subject to sub. (19). During that
9period, prior to implementing a work-share program, an employer shall submit a
10work-share plan for the approval of the department. In its submittal, the employer
11shall certify that its plan is in compliance with all requirements under this section.
12Each plan shall:
SB320,2
13Section
2. 108.062 (20) (c) of the statutes is amended to read:
SB320,3,3
1108.062
(20) (c) Specify the period or periods when the plan will be in effect,
2which may not exceed a total of
6 12 months in any 5-year period within the same
3work unit.
SB320,3
4Section
3.
Initial applicability.
SB320,3,65
(1)
The treatment of s. 108.062 (20) (c) first applies to work-share plans
6approved under s. 108.062 (3) or (3m) on the effective date of this subsection.
SB320,4
7Section
4.
Effective date.
SB320,3,88
(1)
This act takes effect on the first Sunday after publication.
