HARRY HUGHES, Governor                                    1607

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,

(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.

(5)  The work sharing plan certifies that the affected
employees were continuously on the employees payroll for 3
months immediately preceding the date the work sharing plan is

submitted. EMPLOYEES WHO HAVE NOT BEEN CONTINUOUSLY ON THE
EMPLOYER'S PAYROLL FOR 3 MONTHS IMMEDIATELY PRECEDING THE DATE
THE WORK SHARING PLAN IS SUBMITTED MAY BE ADDED TO THE WORK
SHARING PLAN PURSUANT TO SUBSECTION (E) OF THIS SECTION AT SUCH
TIME AS THE 3 MONTH REQUIREMENT IS MET.

(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