The Shared Work Application can be completed online through the UI Online Services on your Employer Information Page. Applying online will provide more accurate information and a quicker response. Employers who are registered with the Department of Taxation and Finance's Online Services (OS) must use their OS username and password to log on to the UI Online Services. To create an account or log on go to UI Online Services.
Please use the instructions below to complete the Shared Work Plan Application (Form SW 2.1) and the Shared Work Plan Participant Listing (Form SW 2.2) , and the Shared Work Continued Claim (Form SW 4). If you have questions about how to complete the application, call the Liability and Determination Section at (518) 457-2635 before submitting the form.
I. Shared Work Plan Application (Form SW 2.1)
1. Enter the name of the corporation, individual, partners or organization that owns or controls the business. This should be the same name that is on your Quarterly Combined Withholding, Wage Reporting and Unemployment Insurance Return (NYS-45) which you submit to the department each quarter.
2. Enter the New York Employer Registration Number (seven digit number) that is shown on your, Quarterly Combined Withholding, Wage Reporting and Unemployment Insurance Return (NYS-45).
3. If you are a multi-location employer and you have been assigned location codes by this department, enter the location code for the place where the employees covered under this plan work.
4. Indicate whether this is a new plan or the modification of an existing plan. Shared Work plans may be modified to add or delete employees or sub-groups of employees from the plan, or change the percentage reduction of hours and wages (provided the percentage is not less than 20% or more than 60%).
5. Enter a Monday date. Your plan will start on the date you specify or on the first Monday following the approval of your plan, whichever is later.
6-8. Enter the name, title, and phone number of the Shared Work contact person in your organization. If you provide an e-mail address, you will receive plan approval via e-mail.
9a-9c. Enter the mailing address where you want us to send all correspondence relating to the Shared Work Plan.
10. Enter the business phone number for the contact person.
11. Enter the total number of individuals who work in New York State for the employing entity shown in item 1 on a regular basis. In order to participate in the Shared Work program, you must have at least 2 employees working in New York State.
12. Please estimate the total number of people that would be laid off if you do not participate in the Shared Work Plan.
13. Indicate whether any of the employees you include on the plan are paid wages derived from piece work.
14. This program requires that the plan be approved in writing by the collective bargaining agents for each collective bargaining agreement that covers any employee in the affected group. If there are more than four collective bargaining agents, please attach a separate page which provides the required information for each bargaining agent.
Employer Certification. Please read this section carefully and then sign and date the plan, certifying that all statements are true.
The Participant Listing is necessary for plan approval. You may use computer printouts or other means of identifying participating individuals if you provide the same information in the same format as requested on the listing. It is helpful if the names are in ascending Social Security Account Number order.
A Shared Work Affected Unit must have at least 2 employees in the plan. Corporate officers MAY NOT be included in any Affected Unit of your Shared Work Plan.
Enter the work location where the employees covered under this plan work. This may or may not be the same as your mailing address. If there is more than one Affected Unit, please copy the form and submit a participant list for each unit. If you are a multi-location employer and your plan covers more than one location, prepare a separate participant listing for each work site. If each location has a separate location code, enter your main number on the application form (SW 2.1) and the individual location codes on the participant listings (SW 2.2). Be sure to identify the Affected Unit by name and the Proposed Percentage Reduction for the unit.
For each affected employee working at that address, indicate their normal weekly hours of work. "Normal hours" are the number of hours the employee usually worked per week prior to the effective date of the Shared Work Plan. "Normal hours" cannot be more than 40 hours per week.
Indicate whether or not the employee is working for you in seasonal, temporary or intermittent employment.
Piece Worker - Indicate whether or not the employee is a piece worker.
Union Name & Local Number. Indicate the bargaining agent/union name and local number for any covered employee.
Effective Start Date of Shared Work. This date should only be filled in if a Modification to a previously approved plan is being submitted. A Modification would be submitted if you are adding employee(s) or adding Affected Units or locations.
Once the plan is approved, the employer receives a supply of Shared Work Continued Claim (SW 4) certification forms for the affected workers to complete. If the employer filed their Shared Work Plan Application online, or filed a paper application and provided an e-mail address, an e-mail will be sent to the employer upon approval. The email will include links to the certification forms.
Participating employees must file their Unemployment Insurance Shared Work claims between the Monday and Sunday of their first reduced Shared Work week. Failure to file a claim during this week may result in a delay in benefit payments. Claims can be filed by going online at www.labor.gov or calling 1-888-209-8124. Claims can be filed online or by telephone in English or Spanish. If translation services for languages other than Spanish are needed, the employee can call (518) 485-6375. Those workers who qualify for Unemployment Insurance will receive both their reduced wages and Shared Work benefits.
Every week during the plan, the employer gives certification forms (SW 4) to participating employees. After the employee completes Part A and returns the form to the employer, the employer completes Part B, "Employer Statement" and sends it to the NYS Department of Labor, Unemployment Insurance Division Shared Work Unit, PO Box 621, Albany NY 12201-0621. Certification forms must be sent within (7) days of the latest week ending date shown on Part A.
If the employer has an NY.GOV ID, the employer can send the forms by using the messaging feature after they login to their UI Online Services account.
Claimants who do not choose to have their benefits deposited into their personal checking accounts will be issued debit cards for their benefit payments. The Shared Work benefit rate will be the employee's regular weekly benefit rate multiplied by the same percentage as the employee's weekly hours and wages are reduced.
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