108.04 (13) (d) 3. b. If recovery of an overpayment is not permitted under s. 108.22 (8) (c), restore the proper amount to the employer's account and charge that amount to the fund's balancing account unless s. 108.07 (5) (c) (am) 3. applies.
185,40
Section 40
. 108.04 (13) (d) 4. b. of the statutes is amended to read:
108.04 (13) (d) 4. b. If recovery of an overpayment is not permitted under s. 108.22 (8) (c), restore the proper amount to the employer's account and charge that amount in accordance with s. 108.07 (5) (am).
185,41
Section 41
. 108.062 (1) (b) of the statutes is amended to read:
108.062 (1) (b) “Work-share program" means a program approved by the department under which the hours of work of employees in a work unit are reduced in lieu of the layoffs of 2 or more employees in the work unit.
185,42
Section 42
. 108.062 (2m) of the statutes is created to read:
108.062 (2m) Applications; department assistance. The department shall allow employers to submit applications under this section using an online form. The department shall provide assistance to employers with submitting applications and developing work-share plans.
185,43
Section 43
. 108.062 (3) of the statutes is amended to read:
108.062 (3) Approval of plans. The department shall approve a plan if the plan includes all of the elements specified in sub. (2) or (20), whichever is applicable. The approval is effective for the effective period of the plan unless modified under sub. (3m).
185,43m
Section 43m. 108.062 (3r) of the statutes is created to read:
108.062 (3r) Applicability of laws. A work-share program shall be governed by the law that was in effect when the plan or modification was last approved under sub. (3) or (3m), until the program ends as provided in sub. (4), but an employer with a work-share program governed by sub. (2) may, while sub. (20) is in effect, apply for a modification under sub. (3m), and that modification application shall be governed by sub. (20).
185,44
Section 44
. 108.062 (4) of the statutes is renumbered 108.062 (4) (a) 1. and amended to read:
108.062 (4) (a) 1. A Except as provided in subd. 2., 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.
(b) 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).
185,45
Section 45
. 108.062 (4) (a) 2. of the statutes is created to read:
108.062 (4) (a) 2. With respect to a work-share plan approved during a period described under sub. (20), the work-share program becomes effective on the later of the Sunday of or after approval of a work-share plan under sub. (3) or any Sunday after that day specified in the plan.
185,46
Section 46
. 108.062 (15) of the statutes is amended to read:
108.062 (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. This subsection does not apply to a work-share program to which sub. (20) applies.
185,47
Section 47
. 108.062 (19) of the statutes is renumbered 108.062 (19) (intro.) and amended to read:
108.062 (19) Secretary may waive compliance. (intro.) The secretary may waive compliance with any requirement under this section do any of the following if the secretary determines that waiver of the requirement doing so is necessary to permit continued certification of this chapter for grants to this state under Title III of the federal Social Security Act, for maximum credit allowances to employers under the federal Unemployment Tax Act, or for this state to qualify for full federal financial participation in the cost of administration of this section and financing of benefits to employees participating in work-share programs under this section.:
185,47m
Section 47m. 108.062 (19) (a) and (b) of the statutes are created to read:
108.062 (19) (a) Waive compliance with any requirement under this section.
(b) Waive the application of sub. (20), in whole or in part, to the extent necessary for any of the purposes specified in this subsection or, to the extent necessary for any of those purposes, require the continued application of any requirement under sub. (2).
185,48
Section 48
. 108.062 (20) of the statutes is created to read:
108.062 (20) Suspensions of certain provisions. Notwithstanding sub. (2), this subsection, and not sub. (2), applies to work-share plans submitted on or after the effective date of this subsection .... [LRB inserts date], and before December 31, 2020, subject to sub. (19). During that period, prior to implementing a work-share program, an employer shall submit a work-share plan for the approval of the department. In its submittal, the employer shall certify that its plan is in compliance with all requirements under this section. Each plan shall:
(a) Specify the affected positions, and the names of the employees filling those positions on the date of submittal. The plan need not be limited to a particular work unit.
(b) Provide for initial coverage under the plan of at least 2 positions that are filled on the effective date of the work-share program.
(c) Specify the period or periods when the plan will be in effect, which may not exceed a total of 6 months in any 5-year period within the same work unit.
(d) Exclude participation by employees who are employed on a seasonal, temporary, or intermittent basis.