Q: When will the Shared Work plan begin?
A: On the date specified on the employer's application form or the first Monday following our approval of the plan, whichever date is later. Applications should not be submitted more than one month prior to the proposed effective date. A Shared Work plan may not be approved retroactively. Therefore, it is important that applications be submitted at least two weeks before the desired starting date of the plan.
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Q: Once a Shared Work plan has been approved, can it be changed?
A: Yes. An employer may change the percentage that the employees' hours are reduced or return the employees to a full-time work schedule for a week or more and then continue the plan. An employer may also delete work units from the plan. However, if an employer wants to add work units to an existing plan, the employer must submit a modified application for approval.
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Q: Can an employer lay off some workers who were originally in the plan and still keep the remainder in the plan?
A: Yes. Shared Work would still be preventing the layoffs of the remaining employees, which is the program's intent. An alternative would be for the employer to increase the percentage that the employees' hours and wages are reduced to avoid any layoffs.
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Q: Once the Shared Work plan is in effect, can an employer hire a replacement for an employee who leaves to work for another employer?
A: Yes. The law only prohibits the employer from hiring additional full-time or part-time employees to work in an affected unit. An employer can hire replacements for employees who leave his employ while the plan is in effect.
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Q: If an employer chooses Shared Work, must the employer use it for his entire business or company?
A: No, an employer can use Shared Work in one or more departments, shifts, or units. The plan gives an employer the flexibility to choose the areas involved. However, reductions in hours and wages must be applied equally to all of the employees in a participating unit or department. However, the hours and wages of employees of different departments or units may be reduced by different percentages if specified in the plan.
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Q: Can a Shared Work plan include a unit consisting of one employee?
A: In order to share the work there generally must be more than one person in the work unit. The Shared Work Program is not intended to subsidize part-time employment. An employer submitting an application including a unit consisting of one person should include an explanation of the circumstances, for example, whether the individual is affected because another unit is being reduced, or, if he is the only individual in the plan, how work is being shared.
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Q: Can employees who normally work overtime receive Shared Work benefits for a reduction in their overtime hours?
A: No. Shared Work benefits can only be paid for wages lost because of a reduction in the employee's normal, full-time regular hours. The Shared Work law defines full-time hours as at least 35 but not more than 40 hours per week.
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Q: What effect will Shared Work benefits have on an employer's unemployment insurance tax rate?
A: Shared Work benefits will be charged against the employer's experience rating account. Whether these charges will be the same as would be charged after a layoff will depend on each employer's specific situation. If you have a question concerning how Shared Work could impact your tax rate, call 518-457-5807.
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Q: Does the employer need to specify which employees will be included in the Shared Work program?
A: Yes. The employer's plan must include the names and social security account numbers of all participating employees and their normal full-time hours per week.
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Q: Is an employer required to file reports while the Shared Work plan is in effect?
A: Yes. It is necessary for the employer to complete part of each employee's bi-weekly Shared Work continued claim form. This is to make sure that each employee is paid the proper Shared Work benefit amount.
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Q: Can employees receive Shared Work benefits if their hours and wages are reduced less than 20% or more than 60%?
A: No. However, the employees may be eligible to receive partial benefits under the regular unemployment insurance program.
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Q: If the employer's Shared Work plan expires but the employees are still working on a reduced work schedule, can the employees continue to receive Shared Work benefits?
A: No. Shared Work benefits are only payable while the employer's plan is in effect. Arrangements should be made prior to the plan expiration date to either extend the existing plan or apply for a new plan in order to prevent interruption of payments.
The Shared Work Program is flexible. It can be customized to accommodate a variety of work situations. It saves money. It saves jobs.
Click here for additional information or to obtain a Shared Work plan application.
Or call: (518) 457-5807
Or write to:
State of New York
DEPARTMENT OF LABOR
Unemployment Insurance Division
Liability and Determination Section
State Office Building Campus
Albany, N.Y. 12240
This page last updated 1/27/05
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