SF 1046

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:18am

A bill for an act
relating to unemployment insurance; providing for one year extensions of shared
work plans; amending Minnesota Statutes 2008, section 268.135, subdivisions
1, 2.

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

Section 1.

Minnesota Statutes 2008, section 268.135, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For purposes of this section:

(1) "Affected employee" means an employee who was continuously employed
as a member of the affected group, for at least six months, on a full-time basis, before
submission of the shared work plan new text begin , except as provided under subdivision 2, paragraph
(a), clause (5) new text end .

(2) "Affected group" means five or more employees designated by the employer to
participate in a shared work plan.

(3) "Shared work plan" or "plan" means an employer's plan, submitted in a manner
and format prescribed by the commissioner, under which a group of employees whose
normal weekly hours of work are reduced, in order to prevent employees from being
laid off because of lack of work.

(4) "Normal weekly hours of work" means the number of hours in a week that the
employee normally would work for the shared work employer or 40 hours, whichever is
less.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for plans approved before February
27, 2009.
new text end

Sec. 2.

Minnesota Statutes 2008, section 268.135, subdivision 2, is amended to read:

Subd. 2.

Participation.

(a) An employer wishing to participate in the shared work
benefit program must submit a shared work plan to the commissioner in a manner and
format prescribed for approval. The commissioner may approve a shared work plan
only if it:

(1) specifies the employees in the affected group;

(2) applies to only one affected group;

(3) includes a certified statement by the employer that each employee specified in
the affected group is an affected employee;

(4) includes a certified statement by the employer that for the duration of the plan
the reduction in normal weekly hours of work of the employees in the affected group is
instead of layoffs that otherwise would result in at least as large a reduction in the total
normal weekly hours of work;

(5) specifies an expiration date that is no more than one year from the date the
employer submits the plan for approval new text begin . An approved plan may be extended for a
maximum of one additional year upon expiration, subject to approval by the commissioner.
Affected employee status for the purpose of the original approved plan continues under
an extended plan new text end ;

(6) specifies that fringe benefits, such as health and retirement, available to the
employees in the affected group are not reduced beyond the percentage of reduction in
hours of work; and

(7) is approved in writing by the collective bargaining agent for each collective
bargaining agreement that covers any employee in the affected group.

(b) The commissioner shall set the beginning and ending dates of an approved
shared work plan.

(c) The commissioner shall send to the employer a determination, by mail or
electronic transmission, approving or disapproving the plan within 15 calendar days of its
receipt. Determinations are final.

(d) Disapproval of a plan may be reconsidered at the discretion of the commissioner.
Approval of a shared work plan may be revoked if the approval was based, in whole or in
part, upon information that was false or misleading.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for plans approved before February
27, 2009.
new text end