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SF 393

as introduced - 92nd Legislature (2021 - 2022) Posted on 07/16/2021 06:05pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to employment; modifying shared work plan eligibility; amending
Minnesota Statutes 2020, section 268.136, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 268.136, subdivision 1, is amended to read:


Subdivision 1.

Shared work plan requirements.

An employer may submit a proposed
shared work plan for an employee group to the commissioner for approval in a manner and
format set by the commissioner. The proposed shared work plan must include:

(1) a certified statement that the normal weekly hours of work of all of the proposed
participating employees were full time or regular part time but are now reduced, or will be
reduced, with a corresponding reduction in pay, in order to prevent layoffs;

(2) the name and Social Security number of each participating employee;

(3) the number of layoffs that would have occurred absent the employer's ability to
participate in a shared work plan;

(4) a certified statement that each participating employee was first hired by the employer
at least deleted text beginone yeardeleted text endnew text begin three monthsnew text end before the proposed shared work plan is submitted and is not
a seasonal, temporary, or intermittent worker;

(5) the hours of work each participating employee will work each week for the duration
of the shared work plan, which must be at least 50 percent of the normal weekly hours but
no more than 80 percent of the normal weekly hours, except that the plan may provide for
a uniform vacation shutdown of up to two weeks;

(6) a certified statement that any health benefits and pension benefits provided by the
employer to participating employees will continue to be provided under the same terms and
conditions as though the participating employees' hours of work each week had not been
reduced;

(7) a certified statement that the terms and implementation of the shared work plan is
consistent with the employer's obligations under state and federal law;

(8) an acknowledgment that the employer understands that unemployment benefits paid
under a shared work plan will be used in computing the future tax rate of a taxpaying
employer or charged to the reimbursable account of a nonprofit or government employer;

(9) the proposed duration of the shared work plan, which must be at least two months
and not more than one year, although a plan may be extended for up to an additional year
upon approval of the commissioner;

(10) a starting date beginning on a Sunday at least 15 calendar days after the date the
proposed shared work plan is submitted; and

(11) a signature of an owner or officer of the employer who is listed as an owner or
officer on the employer's account under section 268.045.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end