A. An employer wishing to participate in the shared work unemployment compensation program shall submit a signed, written shared work plan to the department for approval. The department shall approve a shared work plan only if the plan:

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Terms Used In Arizona Laws 23-762

  • Affected group: means two or more employees designated by the employer to participate in a shared work plan. See Arizona Laws 23-761
  • approved plan: means an employer's shared work plan which meets the requirements of section 23-762 and which the department approves in writing. See Arizona Laws 23-761
  • Normal weekly hours of work: means the number of hours in a week that the employee normally would work for the shared work employer or forty hours, whichever is less. See Arizona Laws 23-761
  • plan: means an employer's voluntary written plan for reducing unemployment under which a specified group of employees shares the work remaining after their normal weekly hours of work are reduced. See Arizona Laws 23-761
  • Shared work employer: means an employer with a shared work plan in effect. See Arizona Laws 23-761
  • Writing: includes printing. See Arizona Laws 1-215

1. Specifies the employees in the affected group.

2. Applies to only one affected group.

3. If feasible, includes a description of the employer’s plan for notifying an employee whose work week is to be reduced.

4. Includes a certified statement by the employer that, for the six-month period immediately preceding the date the plan is submitted, compensation was payable from the shared work employer, or its predecessors whether or not they were shared work employers, to each employee in the affected group in an amount equal to or greater than the wages for insured work in one calendar quarter as provided in section 23-771, subsection A, paragraph 6. An employee who joins an affected group after the approval of the shared work plan is automatically covered under the previously approved plan, effective the week that the department receives written notice from the shared work employer that the employee has joined and certification from the employer that the employee meets the provisions of section 23-771, subsection A, paragraph 6.

5. Includes a certified statement by the employer that for the duration of the plan the reduction in the total normal weekly hours of work of the employees in the affected group is instead of layoffs which otherwise would result in at least as large a reduction in the total normal weekly hours of work. The employer shall include an estimate of the number of layoffs that would have occurred without an approved shared work plan.

6. Specifies the manner in which the employer will treat fringe benefits of the employees in the affected group if the employees’ hours are reduced to less than their normal weekly hours of work. The employer must certify, if the employer provides health benefits and retirement benefits under a defined benefit plan to any employee whose workweek is reduced under the plan, that these benefits will continue to be provided to an employee participating in the shared work plan under the same terms and conditions as though the workweek of the employee had not been reduced or to the same extent as other employees not participating in the shared work program.

7. Specifies an expiration date that is no more than one year from the date the employer submits the plan for approval, except that on written request by the employer, the department may approve an extension of the plan for a period of not more than one year from the date of the request.

8. Is approved in writing by the collective bargaining agent for each collective bargaining agreement that covers any employee in the affected group.

B. The plan prescribed in subsection A of this section and the implementation of the plan must be consistent with the employer’s obligations under all other federal and state laws.

C. The department shall approve or disapprove the plan within fifteen days after receipt of the plan by the department. The department shall notify the employer of the reasons for denial of a shared work plan within ten days of the determination.