2730

LAWS OF MARYLAND

Ch. 504

(8)  "WORK SHARING EMPLOYER" IS AN EMPLOYER OR
EMPLOYER ASSOCIATION WITH AN APPROVED WORK SHARING PLAN IN
EFFECT.

(9)  "WORK SHARING PLAN" MEANS A PLAN OF AN EMPLOYER
OR OF AN EMPLOYER'S ASSOCIATION WHEN THE ASSOCIATION IS A PARTY
TO A COLLECTIVE BARGAINING AGREEMENT, UNDER WHICH THERE IS A
REDUCTION IN THE NUMBER OF HOURS WORKED BY THE EMPLOYEES IN AN
AFFECTED UNIT, AND THE AFFECTED EMPLOYEES SHARE THE REMAINING
WORK AFTER THE NORMAL WEEKLY HOURS OF WORK ARE REDUCED.

(10)  "WORK SHARING UNEMPLOYMENT INSURANCE BENEFITS"
MEANS BENEFITS, INCLUDING THOSE PAYABLE TO FEDERAL CIVILIAN
EMPLOYEES AND TO EX-SERVICE MEMBERS PURSUANT TO § 5 OF THE UNITED
STATES CODE, CHAPTER 85, PAYABLE TO AFFECTED INDIVIDUALS UNDER
THIS ARTICLE FOR WEEKS OF REDUCED WORK, UNDER AN APPROVED WORK
SHARING PLAN AS DISTINGUISHED FROM UNEMPLOYMENT INSURANCE
BENEFITS OTHERWISE PAYABLE UNDER THE PROVISIONS OF THIS ARTICLE.

(B) (1) THE PURPOSE OF THE SHARED WORK BENEFIT PROGRAM IS
TO PRESERVE THE EMPLOYEES' JOBS AND THE EMPLOYER'S WORK FORCE
DURING TIMES OF LOWERED ECONOMIC ACTIVITY BY REDUCING THE HOURS
OR DAYS OF WORK FOR THE EMPLOYEES RATHER THAN BY LAYING OFF SOME
OF THESE EMPLOYEES WHILE OTHER EMPLOYEES WOULD CONTINUE TO WORK
THEIR NORMAL HOURS OR DAYS OF WORK.

(2) THE SHARED WORK BENEFIT PROGRAM SEEKS TO
AMELIORATE THE ADVERSE EFFECTS OF A REDUCTION IN BUSINESS
ACTIVITY BY PROVIDING BENEFITS FOR THE PORTION OF THE NORMAL
HOURS OR DAYS OF WORK DURING WHICH AN EMPLOYEE IS NOT WORKING.

(B) (C) AN EMPLOYER OR EMPLOYER'S ASSOCIATION WISHING TO
PARTICIPATE IN THE WORK SHARING UNEMPLOYMENT INSURANCE PROGRAM
SHALL SUBMIT A SIGNED, WRITTEN WORK SHARING PLAN TO THE SECRETARY
FOR APPROVAL. THE SECRETARY SHALL APPROVE THE WORK SHARING PLAN
ONLY IF THE FOLLOWING CRITERIA ARE MET:

(1)  THE WORK SHARING PLAN IDENTIFIES THE AFFECTED
UNIT OR UNITS TO WHICH IT APPLIES.

(2)  THE EMPLOYEES IN THE AFFECTED UNIT OR UNITS ARE
IDENTIFIED BY NAME, SOCIAL SECURITY NUMBER, AND BY ANY OTHER
INFORMATION REQUIRED BY THE SECRETARY.

(3)  THE NORMAL WEEKLY HOURS OF WORK FOR THE AFFECTED
EMPLOYEES IN THE AFFECTED UNIT OR UNITS ARE REDUCED BY NOT LESS
THAN 10 PERCENT AND NOT MORE THAN 50 PERCENT. THE 50 PERCENT
MAXIMUM REDUCTION MAY BE WAIVED BY THE SECRETARY.

(4)  SUBJECT TO PARAGRAPH (7) OF THIS SUBSECTION, THAT
THE WORK SHARING PLAN CERTIFIES THAT THE AGGREGATE REDUCTION IN
WORK HOURS IS IN LIEU OF LAYOFFS WHICH WOULD HAVE AFFECTED AT
LEAST 10 PERCENT OF THE EMPLOYEES IN THE AFFECTED UNIT OR UNITS
TO WHICH THE PLAN APPLIES AND WHICH WOULD HAVE RESULTED IN AN
EQUIVALENT REDUCTION IN WORK HOURS.