What are an employer's responsibilities under the Shared Work Program?
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null What are an employer's responsibilities under the Shared Work Program?
Initial filing: The employer must inform affected employees about the Shared Work program, which includes sharing pamphlets with them and advising them that their identity will be verified with the Social Security Administration as part of determining their eligibility for benefits. If needed, the employer will also need to make sure that employees complete the Shared Work Employee Information form to acknowledge their participation and help KDOL confirm their identity and help the employer create their claim. The employer will need to submit those forms along with a KDOL-provided spreadsheet. Details, including the required pamphlets to distribute, the forms and instructions on returning them to KDOL will be included in the email confirming an employer’s approval for the Shared Work Program.
Weekly Certification filing: Every week after the initial filing and for the duration of the employer’s participation in the Shared Work Program, the employer must make sure to meet the terms of the program (10% of affected business unit’s employees must have hours reduced by 20% to 40%) and must complete a Weekly Certification form and return it to KDOL. The required form and how to return it to KDOL will be included in the email confirming an employer’s approval for the Shared Work Program.
Employers will also need to verify any outside employment with Shared Work participants and number of hours worked each week before submitting the weekly certification. An employee will not be eligible for Shared Work benefits and should not be listed on the weekly certification if the employee works for another employer AND the combined hours for both employers are equal to or greater than 40 hours of work with the employer who is participating in the Shared Work Program. Adjustments to the number of participating employees and hours worked must still remain in the range of a 20% to 40% reduction and must still apply to 10% of the employees in the affected unit.
If the employer does not meet this 10% requirement during a given week, then NO employees on the weekly certification will qualify for benefits that week. For example: A business unit of 37 employees must have at least 10% of its members—3.7 people, rounded up to 4—listed on the weekly certification.
Employees must also work at least 8 hours during a week in order to qualify for the Shared Work Program. They must also work all the hours assigned by the employer. Paid time off can be used during a Shared Work week, provided the employee also works 8 or more hours.
Employers should also track the number of weeks each employee participates in Shared Work so that they do not exceed the maximum. Employees should also track this information.