HARRY HUGHES, Governor

2731

(5)  THE WORK SHARING PLAN CERTIFIES THAT THE AFFECTED
EMPLOYEES WERE CONTINUOUSLY ON THE EMPLOYER'S PAYROLL FOR 3
MONTHS IMMEDIATELY PRECEDING THE DATE THE WORK SHARING PLAN IS
SUBMITTED.

(6)  THE WORK SHARING PLAN SPECIFIES THE EFFECT THAT
WORK SHARING WILL HAVE ON THE FRINGE BENEFITS OF THE EMPLOYEES IN
THE AFFECTED UNIT OR UNITS.

(7)  THE PLAN APPLIES TO AT LEAST 10 PERCENT OF THE
EMPLOYEES IN THE AFFECTED UNIT OR UNITS EXCEPT THAT THE 10
PERCENT MINIMUM SHALL BE WAIVED IF AT LEAST 20 EMPLOYEES ARE
AFFECTED AND THE PLAN APPLIES TO ALL AFFECTED EMPLOYEES OF THE
AFFECTED UNIT OR UNITS EQUALLY.

(8)  THE PLAN CONTAINS A REEMPLOYMENT ASSISTANCE PLAN,
DEVELOPED WITH THE SECRETARY, FOR AFFECTED EMPLOYEES IF THE WORK
SHARING PLAN FUNCTIONS AS THE WORK SHARING EMPLOYER'S TRANSITION
TO A PERMANENT STAFF REDUCTION.

(9)  THE PLAN IS APPROVED IN WRITING BY THE COLLECTIVE
BARGAINING AGENT FOR EACH COLLECTIVE BARGAINING AGREEMENT
COVERING ANY AFFECTED EMPLOYEE IN THE AFFECTED UNIT OR UNITS OR
IN THE ABSENCE OF SUCH AN AGENT, BY REPRESENTATIVES OF THE
EMPLOYEES OR EMPLOYEES' ASSOCIATION IN THE AFFECTED UNIT OR
UNITS.

(10)  THE WORK SHARING PLAN SHALL NOT SERVE AS A
SUBSIDY OF SEASONAL EMPLOYERS DURING THE OFF-SEASON, NOR AS A
SUBSIDY OF EMPLOYERS WHO HAVE TRADITIONALLY USED PART-TIME
EMPLOYEES, THOSE BEING EMPLOYEES WHO WORK LESS THAN 30 HOURS PER
WEEK.

(11)  THE PLAN SPECIFIES AN EXPIRATION DATE WHICH IS
NO MORE THAN 6 MONTHS FROM THE EFFECTIVE DATE OF THE PLAN.

(12)  THE WORK SHARING EMPLOYER AGREES TO FURNISH
REPORTS NECESSARY FOR THE PROPER ADMINISTRATION OF THE WORK
SHARING PLAN AND TO PERMIT THE DEPARTMENT OF EMPLOYMENT AND
TRAINING ACCESS TO ALL RECORDS NECESSARY TO VERIFY THE PLAN PRIOR
TO APPROVAL AND AFTER APPROVAL TO MONITOR AND EVALUATE
APPLICATION OF THE PLAN.

(C) (D) THE SECRETARY SHALL APPROVE OR DISAPPROVE A PLAN IN
WRITING WITHIN 15 DAYS OF RECEIPT. IF A PLAN IS DISAPPROVED, THE
DENIAL IS FINAL AND NOT APPEALABLE. THE EMPLOYER MAY, HOWEVER,
SUBMIT ANOTHER PLAN 15 DAYS FROM THE DATE OF THE EARLIER
REJECTION.

(D) (E) AN APPROVED WORK SHARING PLAN MAY BE MODIFIED, IF
THE MODIFICATION MEETS THE REQUIREMENTS FOR APPROVAL UNDER
SUBSECTION (B) OF THIS SECTION AND IS APPROVED BY THE SECRETARY.
AN APPROVED MODIFICATION MAY NOT CHANGE THE EXPIRATION DATE OF
THE PLAN.