Ohio Code 4141.53 – Eligibility for shared work compensation
(A) An individual is eligible to receive shared work compensation for a week in which the individual satisfies all of the following:
Terms Used In Ohio Code 4141.53
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- Average weekly wage: means the amount obtained by dividing an individual's total remuneration for all qualifying weeks during the base period by the number of such qualifying weeks, provided that if the computation results in an amount that is not a multiple of one dollar, such amount shall be rounded to the next lower multiple of one dollar. See Ohio Code 4141.01
- Base period: means the first four of the last five completed calendar quarters immediately preceding the first day of an individual's benefit year, except as provided in division (Q)(2) of this section. See Ohio Code 4141.01
- Benefit rights: means the weekly benefit amount and the maximum benefit amount that may become payable to an individual within the individual's benefit year as determined by the director. See Ohio Code 4141.01
- Benefits: means money payments payable to an individual who has established benefit rights, as provided in this chapter, for loss of remuneration due to the individual's unemployment. See Ohio Code 4141.01
- Employer: means the state, its instrumentalities, its political subdivisions and their instrumentalities, Indian tribes, and any individual or type of organization including any partnership, limited liability company, association, trust, estate, joint-stock company, insurance company, or corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee, or the successor thereof, or the legal representative of a deceased person who subsequent to December 31, 1971, or in the case of political subdivisions or their instrumentalities, subsequent to December 31, 1973:
(a) Had in employment at least one individual, or in the case of a nonprofit organization, subsequent to December 31, 1973, had not less than four individuals in employment for some portion of a day in each of twenty different calendar weeks, in either the current or the preceding calendar year whether or not the same individual was in employment in each such day; or
(b) Except for a nonprofit organization, had paid for service in employment wages of fifteen hundred dollars or more in any calendar quarter in either the current or preceding calendar year; or
(c) Had paid, subsequent to December 31, 1977, for employment in domestic service in a local college club, or local chapter of a college fraternity or sorority, cash remuneration of one thousand dollars or more in any calendar quarter in the current calendar year or the preceding calendar year, or had paid subsequent to December 31, 1977, for employment in domestic service in a private home cash remuneration of one thousand dollars in any calendar quarter in the current calendar year or the preceding calendar year:
(i) For the purposes of divisions (A)(1)(a) and (b) of this section, there shall not be taken into account any wages paid to, or employment of, an individual performing domestic service as described in this division. See Ohio Code 4141.01
- remuneration: includes only cash remuneration. See Ohio Code 4141.01
- Week: means the calendar week ending at midnight Saturday unless an equivalent week of seven consecutive calendar days is prescribed by the director. See Ohio Code 4141.01
- Weekly benefit amount: means the amount of benefits an individual would be entitled to receive for one week of total unemployment. See Ohio Code 4141.01
(1) The individual is employed by a participating employer and is subject to a shared work plan that was approved before that week and is in effect for that week.
(2) The individual is available for work and is actively seeking work by being available for the individual’s normal weekly hours of work.
(3) The individual’s normal weekly hours of work with the participating employer have been reduced by at least ten per cent but not more than sixty per cent.
(4) The individual has been employed by an employer or employers subject to this chapter in at least twenty qualifying weeks within the individual’s base period and has earned or been paid remuneration at an average weekly wage of not less than twenty-seven and one-half per cent of the statewide average weekly wage for those weeks.
(5) The individual has been subject to a shared work plan for at least one week prior to the week for which the compensation is to be paid, or otherwise satisfies the waiting period requirement of division (B) of section 4141.29 of the Revised Code for the individual’s benefit year.
(6) The individual otherwise satisfies the requirements of this chapter and is not otherwise disqualified from receiving unemployment compensation benefits.
(B) For purposes of division (A)(2) of this section, an individual is available for the individual’s normal weekly hours of work with the participating employer if the individual does any of the following:
(1) Works the number of weekly hours assigned to the individual under an approved shared work plan;
(2) Works fewer hours than the number of weekly hours assigned to the individual under an approved shared work plan and either of the following apply:
(a) The individual takes approved time off during the week with pay, and the combined work hours and paid leave hours equal the number of hours the employee would have worked under the plan;
(b) The individual does not take approved time off with pay during that week and the reduction in hours was not the fault of the individual and was not more than sixty per cent of the individual’s normal weekly hours of work.
(C)(1) Except as provided in division (C)(2) or (D) of this section, the director of job and family services shall pay a participating employee who is eligible for weekly shared work compensation in an amount equal to the participating employee’s weekly benefit amount as described in division (B) of section 4141.30 of the Revised Code for a period of total unemployment, multiplied by the reduction percentage specified in the approved shared work plan applicable to the participating employee.
(2) The director shall pay a participating employee who is eligible for weekly shared work compensation in an amount equal to the participating employee’s weekly benefit amount as described in division (B) of section 4141.30 of the Revised Code for a period of total unemployment, multiplied by the percentage by which the participating employee’s normal weekly hours of work were actually reduced during the workweek, if all of the following apply:
(a) The participating employee did not take approved paid leave during the week.
(b) The participating employee’s normal weekly hours of work were actually reduced by not less than ten per cent and not greater than sixty per cent.
(c) The increase or decrease in the participating employee’s hours above or below the number of hours assigned to the employee in the approved shared work plan was not the fault of the employee.
(3) The director shall determine fault for purposes of divisions (B)(2)(b) and (C)(2)(c) of this section in the same manner that the director makes determinations for benefit rights and determines claims for unemployment compensation benefits under sections 4141.28 and 4141.281 of the Revised Code.
(4) The director shall round the amount of a shared work compensation payment that is not a multiple of one dollar to the next lower multiple of one dollar.
(5) No shared work compensation shall be payable during the one-week period described in division (A)(5) of this section.
(D) If an individual works for a participating employer and another employer during the weeks the individual is covered by an approved shared work plan, eligibility for shared work compensation is determined as follows:
(1) If the combined number of hours the individual works for both the participating employer and the other employer in a week exceeds the amount of the individual’s normal weekly hours of work reduced by ten per cent, the individual is not eligible for shared work compensation.
(2) If the combined number of hours the individual works in a week for both employers equals the amount of the individual’s normal weekly hours of work reduced between ten and sixty per cent, the director shall pay the individual, if the individual is otherwise eligible, shared work compensation in an amount equal to the individual’s weekly benefit amount as described in division (B) of section 4141.30 of the Revised Code for a period of total unemployment, multiplied by the percentage by which the individual’s normal weekly hours of work were reduced during the week when factoring in both the amount of hours worked for the other employer and the amount of hours worked for the participating employer.
(E) A participating employee is not entitled to receive shared work compensation and unemployment compensation benefits that, when combined, exceed the maximum total benefits payable to the participating employee in a benefit year under section 4141.30 of the Revised Code. No participating employee shall be paid shared work compensation during the employee’s benefit year in an amount that exceeds twenty-six times the amount of the employee’s weekly benefit amount for a period of total unemployment under section 4141.30 of the Revised Code.
(F) An individual who has received all of the shared work compensation and unemployment compensation benefits available in a benefit year is an individual who has exhausted regular benefits under section 4141.30 of the Revised Code and is entitled to receive extended benefits under section 4141.301 of the Revised Code if the individual is otherwise eligible to receive benefits under that section.
(G) Except as provided in division (C)(2) of this section, the director shall not pay shared work compensation to an individual for a week during which the individual performs paid work for the individual’s participating employer that exceeds or falls below the reduced hours established under an approved shared work plan that covers the individual.
(H)(1) Except as provided in divisions (H)(2) and (3) of this section, a participating employee is not eligible to receive benefits for being partially unemployed for any week during which the individual works as a participating employee.
(2) A participating employee who performs no services during a week for the participating employer and who is otherwise eligible may be paid benefits for being totally or partially unemployed for that week.
(3) A participating employee whose normal weekly hours of work are reduced by more than sixty per cent and who is otherwise eligible may be paid benefits for partial unemployment for that week.
(I) Any payment of total or partial unemployment compensation benefits under this section is not a payment of shared work compensation under an approved plan but shall be calculated against the maximum total benefits payable to the participating employee in a benefit year under section 4141.30 of the Revised Code.
(J) For purposes of this section and unless another benefit year applies to the individual, notwithstanding division (R)(1) of section 4141.01 of the Revised Code, a participating employee’s “benefit year” is the fifty-two week period beginning with the first day of that week with respect to which the employee’s participating employer first files a claim on behalf of the participating employee pursuant to division (B) of section 4141.54 of the Revised Code.
Last updated August 24, 2021 at 2:12 PM