- 1.
Who may apply for WorkShare?
- All
Rhode Island private employers whose taxes are currently up
to date are eligible to apply for WorkShare. Interested employers may apply for the Program by calling (401) 462-8418.
- 2.
What
is a WorkShare Plan?
- A
WorkShare plan is a plan submitted by an employer under which
there is a reduction in the number hours worked by the employees
in the affected unit in lieu of temporary layoffs of some
of the employees.
- 3.
What is an affected unit?
- An
affected unit is a specified plant, department, shift or other
definable unit consisting of two or more employees to which
an approved WorkShare Plan applies.
- 4.
What is a temporary layoff?
- For
the purpose of WorkShare a temporary layoff means the separtation
of workers in the affected unit for an indefinite period expected
to last for at least two months but less than six months.
- 5.
What are the advantages to the employer?
- The
employer retains trained workers and has the ability to respond
quickly when business increases.
- 6.
What are the advantages to the employees?
- The
workers do not lose their jobs, retain their fringe benefits
and may be eligible to receive combined wages and WorkShare
benefits equal to about 92% of their regular pay.
- 7.
What are Fringe Benefits?
- Fringe
benefits include, but are not limited to, health insurance,
retirement benefits, paid vacation and holidays, sick leave,
and similar advantages which are incidents of employment.
- 8.
Who does the plan cover?
- The
plan can cover the employer's total workforce, a particular
shift, or a specific unit. The plan only applies to employees
who normally work 30 hours or more per week.
- 9.
What does "Usual Weekly Hours of Work" mean?
- Usual
weekly hours of work means the normal hours of work each week
for an employee in an affected unit when that unit is operating
on a full time basis, not to exceed forty hours and not including
overtime.
- 10.
When does the plan begin?
- The
plan must meet the requirements of the law and be approved
in writing by the Director before the plan can take effect.
The plan is good for one year from the effective date of the
plan.
- 11.
How will my company be notified?
- The
Director approves or rejects a plan in writing.
- 12.
Why would my company be rejected from using WorkShare?
- The
Director may reject a WorkShare Plan or revoke an approved
plan for good cause.
- 13.
What is "good cause"?
- Good
cause includes, but is not limited to, failure to comply with
the assurances given in the plan, unreasonable revision of
productivity standards for the affected unit, conduct or occurrences
tending to defeat the intent and effective operation of the
plan and violation of any criteria on which approval of the
plan is based.
- 14.
Can the employer appeal the Director's decision?
- The
reasons for rejection and revocation are final and non-appealable.
However, the employer may submit another plan for consideration
and that determination would be made based upon the new data
submitted by the interested employer.
- 15.
Is there a limit to the size of the employer's workforce?
- There
is no limit as to the size of the employer; however, the affected
unit must have at least two employees in order to participate.
- 16.
What are the criteria which need to be met in order to be
approved for WorkShare?
- •
The
plan must identify the affected unit or units and specify
the proposed starting date of the plan.
•
The
employees in the affected unit or units must be identified
by name, social security number, the usual weekly hours of
work, proposed wage and hour reduction and any other information
that the Director requires.
•
The
plan must certify that the reduction in the usual weekly hours
of work is in lieu of temporary layoffs which may affect at
least 10 percent of the employees in the affected unit or
units to which the plan applies.
•
The
usual weekly hours of work for employees in the affected unit
or units are reduced by not less than 10% and not more than
50% and the reduction in hours in each affected unit is spread
equally among all the employees in the affected unit.
•
The
employer agrees to furnish reports relating to the proper
conduct of the plan and agrees to allow the Director or his/her
authorized representative access to all records necessary
to verify the plan prior to approval and, after approval,
to monitor and evaluate application of the plan.
- 17.
Can an employer apply for WorkShare if the employees are represented
by a collective bargaining agent or union?
- In
the case of employees represented by a collective bargaining
agent or union, the plan must be approved in writing by the
collective bargaining agents or unions who cover the affected
employees.
- 18.
When do I need to notify my employees about WorkShare if there
is no collective bargaining agent or union?
- In
the absence of a collective bargaining agent or union, the
plan must contain a certification by the employer that he
has made the proposed plan or a summary of the plan available
to each employee affected by the program.
- 19.
Can I apply for WorkShare if I am a seasonal employer?
- The
plan will not serve as a subsidy of seasonal employment during
the off season, or as a subsidy for intermittent employment.
- 20.
What is seasonal employment?
- Seasonal
employment means employment with an employer who displays
a 20% difference between its highest level of employment and
its lowest level of employment each year for the previous
calendar years as reported to the Department of Labor and
Training, or as shown in such information which is available
and satisfactory to the Director.
- 21.
What is intermittent employment?
- Intermittent
employment means employment which is not continuous but may
consist of periodic intervals of weekly work and intervals
of no weekly work.
- 22.
Who is eligible to participate in a WorkShare Plan?
- Employees
who normally work 30 hours or more per week and who
would normally be eligible to receive unemployment insurance
benefits in Rhode Island are eligible to participate
in WorkShare.
- 23.
Must the employee serve a Waiting Period?
- An
employee must serve a waiting week before receiving WorkShare
benefits unless a waiting period has already been served on
an existing claim.
- 24.
What other conditions apply to employees collecting WorkShare
Benefits?
- •
The individuals must be able and available for the normal
work week with the WorkShare employer.
• The employee must work all the hours offered by the
WorkShare employer in any given week up to the employee's
usual weekly hours.
• If an individual has earnings in the same week with
another employer, those earnings will not affect the individual's
WorkShare benefits if that person is working less than full
time for the other employer or employers. This condition only
applies for any week the claimant is receiving WorkShare benefits.
- 25.
How long can an employee receive WorkShare benefits?
- The
employee can receive a maximum of 52 weeks of WorkShare benefits
during a single benefit year.
- 26.What
is an individual's weekly WorkShare benefit amount?
- An
individual's weekly WorkShare benefit amount will be the person's
regular weekly benefit amount, including any dependents' allowances,
multiplied by the percentage reduction in the individual's
weekly hours of work.
- 27.
Who gets charged for WorkShare benefits?
- All
WorkShare benefits are charged to the account of the WorkShare
employer. Employers liable for payments in lieu of contributions
(reimbursable employers) shall be responsible for reimbursing
the employment security fund for the full amount of WorkShare
benefits paid to their employees.
- 28.
What is an example of WorkShare Benefits?
- An
employee who normally earns $400 per week has his work hours
reduced by 20% under the approved WorkShare Plan. The employee
has one dependent child. The following calculations would
be made to determine his WorkShare Benefits.
•
Individual
has high quarter earnings of $5,200 (13 weeks x $400)
•
Basic
weekly benefit amount = $240 (4.62% of high quarter earnings)
•
Dependent's
Allowance= $12 (5%of $240)
•
Total
weekly benefit rage = $252
•
WorkShare
weekly benefit rate= $50 (20% of 252 rounded down)
•
Reduced
earnings with WorkShare employer = $320 (80% of $400)
The worker in the above example would receive combined earnings
and WorkShare benefits equal to $370 ($320 in reduced earnings
and $50 in WorkShare benefits). This represents 92.5% of the
employee's regular weekly earnings.
- 29.
How do I contact the WorkShare Unit?
- Department
of Labor & Training Workshare Telephone 401-462-8418
WorkShare Unit Fax 401-462-8506
PO Box 20310
Cranston, RI 02920-0943
Email: workshare@dlt.ri.gov.
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