(a) General rule.--The department may approve a shared-work plan only if the plan meets all of the following requirements:
(1) The shared-work plan applies to one affected unit.
(2) All employees in the affected unit are participating employees, except that the following employees may not be participating employees:
(i) An employee who has been employed in the affected unit for less than three months prior to the date the employer applies for approval of the shared-work plan.
(i.1) An employee in the affected unit who is employed on a seasonal, temporary or intermittent basis.
(ii) An employee whose hours of work per week determined under paragraph (5) is 40 or more hours.
(3) There are no fewer than two participating employees, determined without regard to corporate officers.
(4) The participating employees are identified by name and Social Security number.
(5) The number of hours a participating employee will work each week during the effective period of the shared-work plan is determined by the following formula:
employee's normal weekly hours of work x (100% - reduction percentage)
(6) As a result of a decrease in the number of hours worked by each participating employee, there is a corresponding reduction in wages.
(7) If any participating employee is covered by a collective bargaining agreement, the shared-work plan is approved in writing by the collective bargaining representative.
(8) Deleted by 2013, Oct. 23, P.L. 637, No. 75, § 5, effective in 90 days [Jan. 21, 2014].
(9) The effective period of the shared-work plan is not more than 52 consecutive weeks.
(10) The effective period of the shared-work plan combined with effective periods of the participating employer's prior shared-work plans does not equal more than 104 weeks out of a 156-week period.
(11) The reduction percentage satisfies the requirements of subsection (b).
(b) Reduction percentage.--The reduction percentage under an approved shared-work plan shall meet all of the following requirements:
(1) The reduction percentage shall be no less than 20% and no more than 40%.
(2) The reduction percentage shall be the same for all participating employees.
(3) Deleted by 2022, Nov. 3, P.L. 2153, No. 156, § 3, imd. effective.
Credits
1936, Second Ex.Sess., Dec. 5, P.L. (1937) 2897, art. XIII, § 1303, added 2011, June 17, P.L. 16, No. 6, § 8. Amended 2013, Oct. 23, P.L. 637, No. 75, § 5, effective in 90 days [Jan. 21, 2014]; 2022, Nov. 3, P.L. 2153, No. 156, § 3, imd. effective.
43 P.S. § 916.3, PA ST 43 P.S. § 916.3
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
