Sec. 215.022. REQUIREMENTS OF SHARED WORK PLAN. (a) The commission may approve a shared work plan if:
(1) the plan:
(A) applies to and identifies a specific affected unit;
(B) identifies the employees in the affected unit by name and social security number and describes how the employees will be notified in advance of the plan, if feasible;
(C) provides an estimate of the number of employees who would be laid off if the employer does not participate in the shared work plan;
(D) reduces the normal weekly hours of work for an employee in the affected unit by at least 10 percent but not more than 40 percent;
(E) applies to at least 10 percent of the employees in the affected unit; and
(F) permits eligible employees to participate in training;
(2) the employer certifies that the implementation of a shared work plan and the resulting reduction in work hours is in lieu of layoffs that would:
(A) affect at least 10 percent of the employees in the affected unit; and
(B) result in an equivalent reduction in work hours;
(3) the employer certifies that:
(A) if the employer currently provides fringe benefits, the fringe benefits continue for employees in the affected unit unless those benefits are not continued for employees not participating in the shared work plan; and
(B) participation in the shared work plan is consistent with the employer's obligations under state and federal law; and
(4) the employer agrees to furnish the commission reports relating to the operation of the plan as requested by the commission and any other information the United States secretary of labor determines is appropriate.
(b) A shared work plan may not be implemented to subsidize a seasonal employer during the off-season.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 13 (H.B. 2035), Sec. 3, eff. September 1, 2013.
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