                                 CODE OF VIRGINIA

APPLICATION TO PARTICIPATE IN SHORT-TIME COMPENSATION PROGRAM (§ 60.2-712)

A. The Commission shall establish and implement a short-time compensation
program by January 1, 2022. The Program shall meet the requirements of 22 U.S.C.
&#xA7; 3306(v) and all other applicable federal and state laws.

B. An employer that wishes to participate in the Program shall submit to the
Commission a signed, written work sharing plan for approval. The Commission
shall develop an application form to request approval of a plan and an approval
process. The application shall include:

   1. The affected unit covered by the plan, including the number of employees in
   the unit; the percentage of employees in the affected unit covered by the
   plan; identification of each individual employee in the affected unit by name,
   social security number, and the employer&#8217;s unemployment tax account
   number; and any other information required by the Commission to identify plan
   participants.

   2. A description of how employees in the affected unit will be notified of the
   employer&#8217;s participation in the plan if such application is approved,
   including how the employer will notify those employees in a collective
   bargaining unit as well as any employees in the affected unit who are not in a
   collective bargaining unit. If the employer does not intend to provide advance
   notice to employees in the affected unit, the employer shall explain in a
   statement in the application why it is not feasible to provide such notice.

   3. A requirement that the employer identify, in the application, the usual
   weekly hours of work for employees in the affected unit and the specific
   percentage by which their hours will be reduced during all weeks covered by
   the plan. The percentage of reduction for which a work sharing plan
   application may be approved shall be not less than 10 percent and not more
   than 60 percent. If the plan includes any week for which the employer
   regularly does not provide work, including incidences due to a holiday or
   other plant closing, then such week shall be identified in the application.

   4. Certification by the employer that, if the employer provides health
   benefits and retirement benefits to any employee whose usual weekly hours of
   work are reduced under the Program, such benefits will continue to be provided
   to employees participating in the Program under the same terms and conditions
   as though the usual weekly hours of work of such employee had not been reduced
   or to the same extent as other employees not participating in the Program. For
   defined benefit retirement plans, the hours that are reduced under the plan
   shall be credited for purposes of participation, vesting, and accrual of
   benefits as though the usual weekly hours of work had not been reduced. The
   dollar amount of employer contributions to a defined contribution plan that
   are based on a percentage of compensation may be less due to the reduction in
   the employee&#8217;s compensation.

   5. Certification by the employer that the aggregate reduction in work hours is
   in lieu of layoffs, whether temporary or permanent layoffs or both. The
   application shall include an estimate of the number of employees who would
   have been laid off in the absence of the plan. The employer shall also certify
   that new employees will not be hired in or transferred to an affected unit for
   the duration of the plan.

   6. Certification by the employer that participation in the plan and its
   implementation is consistent with the employer&#8217;s obligations under
   applicable federal and state laws.

   7. Agreement by the employer to (i) furnish reports to the Commission relating
   to the proper conduct of the plan; (ii) allow the Commission access to all
   records necessary to approve or disapprove the plan application and, after
   approval of a plan, monitor and evaluate the plan; and (iii) follow any other
   directives the Commission deems necessary to implement the plan and that are
   consistent with the requirements for plan applications.

   8. Any other provision added to the application by the Commission that the
   U.S. Secretary of Labor determines to be appropriate for purposes of a work
   sharing plan.

HISTORY: 2020, c. 1261; 2020,  Sp. Sess. I, c. 8.