As used in this part 2, unless the context otherwise requires:
(1) Affected unit means a specified plant, department, shift, or other definable unit to which a work share plan applies.
(2) Director means the director of the division or his or her designee.
(3) Normal weekly work hours means the number of hours in a week that an employee ordinarily works for a participating employer or forty hours, whichever is less.
(4) Work share plan means a plan for reducing unemployment under which employees who are members of an affected unit share the work remaining after a reduction in their normal weekly work hours.
Source: L. 2010: Entire part added, (SB 10-028), ch. 397, p. 1886, � 1, effective June 9. L. 2012: (2) amended, (HB 12-1120), ch. 27, p. 105, � 14, effective June 1.
Editor's note: The effective date for amendments to this section by House Bill 12-1120 (chapter 27, Session Laws of Colorado 2012) was changed from August 8, 2012, to June 1, 2012, by House Bill 12S-1002 (First Extraordinary Session, chapter 2, p. 2432, Session Laws of Colorado 2012).
8-75-203. Work share program - work share plan - eligibility of employer - approval - denial - rules.
(1) (a) Repealed.
(b) (I) The director shall establish a voluntary work share program for the purpose of allowing the payment of unemployment compensation benefits to employees whose wages and hours have been reduced. In order to participate in the work share program, an employer shall submit a work share plan in writing to the director for approval. If the employer is subject to a collective bargaining agreement, the collective bargaining unit must agree in writing to the work share plan prior to implementation. An employer that is a negative excess employer pursuant to section 8-76-102.5 (3) may be eligible to participate in the work share program in accordance with rules adopted by the director concerning eligibility requirements.
(II) This paragraph (b) is effective December 31, 2012.
(2) An employer must submit a work share plan to the division on forms and following procedures required by the director. The director may approve a work share plan if:
(a) The plan applies to and identifies a specific affected unit;
(b) The plan identifies the employees in the affected unit by name and social security number;
(c) The plan reduces the normal work for an employee in the affected unit by at least ten percent and not more than an amount consistent with rules promulgated by the director and authorized under 26 U.S.C. sec. 3306 (v);
(d) The plan applies to at least two of the employees in the affected unit;
(e) Repealed.
(f) The plan includes a description of how the plan complies with the Federal Unemployment Tax Act, 26 U.S.C. sec. 3301 et seq.;
(g) The plan includes an explanation of how employees will be notified of the plan in advance, if notification is feasible, or an explanation of why it is not feasible to notify the employees in advance;
(h) The plan includes an estimate of the number of employees who would be laid off if the employer did not participate in the work share program; and
(i) The plan includes certification by the employer that the terms of the written plan and implementation of the plan are consistent with employer obligations pursuant to federal and state law.
(3) The director shall not approve a work share plan unless the employer:
(a) Agrees that for the duration of the employer's participation in the work share program, the employer shall not eliminate or diminish health insurance, retirement benefits received under a pension plan, paid vacation and holidays, sick leave, or any other similar employee benefit provided by the employer immediately prior to submitting the work share plan to the division, if the employer provides benefits to his or her employees;
(b) Certifies that the collective bargaining agent for the employees, if applicable, has agreed to the work share plan;
(c) Certifies that the implementation of a shared work plan and the resulting reduction in work hours is in lieu of layoffs that would affect at least two of the employees in the affected unit and that would result in an equivalent reduction in work hours;
(d) Certifies that the employer will not employ additional employees in the affected unit while participating in the work share program;
(e) Agrees that no employee participating in the work share program shall receive, in the aggregate, more than twenty-six weeks of benefits; and
(f) Agrees to submit reports concerning the operation of the work share plan to the division upon request of the director.
(4) The director shall approve or deny the work share plan in writing no later than thirty days after the date the division receives the plan. If the director denies the work share plan, he or she shall inform the employer in writing of the reasons for the denial.
Source: L. 2010: Entire part added, (SB 10-028), ch. 397, p. 1887, � 1, effective June 9. L. 2011: (1) amended, (HB 11-1288), ch. 212, p. 928, � 12, effective July 1. L. 2012, 1st Ex. Sess.: (1)(a)(II) amended, (HB 12S-1002), ch. 2, p. 2428, � 7, effective June 1. L. 2013: IP(2), (2)(d), (3)(c), and (3)(e) amended, (2)(e) repealed, and (2)(f), (2)(g), (2)(h), and (2)(i) added, (SB 13-157), ch. 147, p. 472, � 3, effective July 1. L. 2020: (1)(b)(I) and (2)(c) amended, (SB 20-207), ch. 296, p. 1473, � 6, effective July 14.
Editor's note: Subsection (1)(a)(II) provided for the repeal of subsection (1)(a), effective December 31, 2012. (See L. 2012, p. 2428.)
8-75-204. Employee eligibility for unemployment benefits under the work share plan - employee eligibility for job training. (1) Notwithstanding any other provision of this title 8, an employee may be eligible for unemployment compensation benefits for a particular week pursuant to this part 2 if:
(a) The employee is employed as a member of an affected unit that is subject to an approved work share plan that is in effect for that week;
(b) The employee's normal remuneration has been reduced by an amount consistent with a reduction in hours rules as established in an approved work share plan pursuant to section 8-75-203 (2)(c); and
(c) The employee is able and available to work additional or full-time hours with his or her employer.
(2) The eligibility requirements for the receipt of unemployment compensation benefits related to the availability for work, actively seeking work, and refusing to apply for or to accept work with an employer other than the employee's current employer, pursuant to sections 8-73-107 and 8-73-108 (5), shall not apply to an employee subject to this part 2.
(3) An eligible employee may participate in training, including employer-sponsored training and training funded through the federal Workforce Innovation and Opportunity Act, 29 U.S.C. sec. 3101 et seq., to enhance job skills if the training program has been approved by the department of labor and employment.
Source: L. 2010: Entire part added, (SB 10-028), ch. 397, p. 1888, � 1, effective June 9. L. 2013: (3) added, (SB 13-157), ch. 147, p. 473, � 4, effective July 1. L. 2016: (3) amended, (HB 16-1302), ch. 183, p. 626, � 2, effective May 19. L. 2020: IP(1) and (1)(b) amended, (SB 20-207), ch. 296, p. 1474, � 7, effective July 14.