New York State Department of Labor Unemployment Insurance

Title 7A A Shared Work Program

Sec. 602. Application.

This title shall apply to a claimant employed by an employer whose application to participate in a shared work program has been approved by the commissioner. The provisions of subdivision four of section five hundred twenty-seven, subdivisions three and seven of section five hundred ninety and subdivision four of section five hundred ninety-six of this article shall not be applicable to such claimant and he shall not be required to be available for work with any other employer. The other provisions of this article shall apply to such claimants and their employers to the extent that they are not inconsistent with the provisions of this title.

§602 as amended by L. 1987, Ch. 430, effective July 27, 1987, and amended by
L. 1989 Ch. 222 effective June 26, 1989, and further amended by L. 1998, Ch. 214,
effective July 7, 1998.

Sec. 603. Definitions.

For purposes of this title: "Total unemployment" shall mean the total lack of any employment on any day, other than with an employer applying for a shared work program. "Full time hours" shall mean at least thirty-five but not more than forty hours per week, and shall not include overtime as defined in the Fair Labor Standards Act. "Work force" shall mean the total work force, a clearly identifiable unit or units thereof, or a particular shift or shifts.

Sec. 604. Eligibility conditions.

A claimant shall be eligible for benefits under this title if he works less than his normal full time hours in a week for his customary employer, and that employer has reduced or restricted the claimant's weekly hours of work, or has rehired a claimant previously laid off and reduced his weekly hours of work from those previously worked, as the result of a plan by the employer to stabilize the work force by a program of sharing the work remaining after a reduction in total hours of work and a corresponding reduction in wages, provided the program requires not less than a twenty percent nor more than a sixty percent reduction in hours and wages among the work force. A claimant receiving supplemental unemployment compensation benefits, as defined in section five hundred one (c)(17)(D) of the internal revenue code of nineteen hundred fifty-four, shall not be eligible hereunder. Any employee who was otherwise eligible for benefits under this title but was denied benefits during the period beginning October first, two thousand one and ending on December first, two thousand one because more than five percent of his wages were derived from piece work, shall be entitled to make a retroactive claim for such benefits provided such claim is filed within sixty days of the effective date of this sentence.

Sec. 604 as amended by L. 2002, Ch. 564, effective September 24, 2002.

Sec. 605. Qualified employers; application.

An employer who has at least five full time employees may apply to participate in a shared work program. The application shall be made according to such forms and procedures as the commissioner may specify and shall include such information as the commissioner may require. The commissioner shall not approve such application unless the employer (1) agrees that for the duration of the program it will not eliminate or diminish health insurance, medical insurance, or any other fringe benefits provided to employees immediately prior to the application; (2) certifies that the collective bargaining agent for the employees, if any, has agreed to participate in the program; (3) certifies that if not for the shared work program to be initiated the employer would reduce or would have reduced its work force to a degree equivalent to the total number of working hours proposed to be reduced or restricted for all included employees; (4) certifies that it will not hire additional part time or full time employees for the affected work force while the program is in operation; and (5) agrees that no participant of the program shall receive, in the aggregate, more than twenty weeks of benefits exclusive of the waiting week.

§605 as amended by L. 1989, Ch. 222 effective June 26, 1989; L. 1991, Ch. 248 effective
July 1, 1991 and L. 1992, Ch. 81 effective May 10, 1992.

Applied to all shared work programs in effect or established on or after January 1, 1992.
Further provided that effective January 1, 1995 reverted back from 52 weeks to 20 weeks
requirement.

Sec. 606. Revocation of approval.

For good cause shown, the commissioner may, in his discretion, revoke approval of an employer`s application previously granted. Good cause may include, but shall not be limited to, failure to comply with the assurances and certifications required under section six hundred five hereof, failure to supply information requested relative to the operation of a shared work program, unreasonable revision of productivity standards for the work force, or other conduct or occurrences tending to defeat the purposes, intent and effective operation of a shared work program.

Sec. 607. Benefits.

1. Amount. An eligible claimant shall be paid benefits for any week equal to his benefit rate multiplied by the percentage of reduction of his wages resulting from reduced hours of work, but only if such percentage is no less than twenty percent. The weekly benefit amount shall be rounded off to the nearest dollar. A claimant shall not be paid such benefits in excess of twenty weeks during a benefit year.

Subd. 1 as amended by L. 1992, Ch. 81, effective May 10, 1992.

Applied to all shared work programs in effect or established on or after January 1, 1992.
Further provided that effective January 1, 1995 reverted back to 20 weeks requirement.

2. Waiting period. A claimant shall not be entitled to benefits for the first week of unemployment under a shared work program unless he has served a waiting period in his benefit year pursuant to subdivision seven of section five hundred ninety of this article.

Sec. 608. Maximum payments.

In no event shall total benefits paid in any benefit year, either under this title, the other titles of this article, or both, exceed the maximum amount for which a claimant would be eligible under the other titles of this article alone.

§609 repealed by L. 1989, Ch. 222 effective June 26, 1989

Sec. 610. Commencement.

A shared work program and payment of benefits to claimants thereunder shall begin with the first week following approval of an application by the commissioner or the first week specified by the employer, whichever is later.

Sec. 611. Charging of benefits.

Benefits paid to a claimant shall be charged to the employer's accounts as provided in paragraph (e) of subdivision one of section five hundred eighty-one of this article.

§611 as amended by L. 1987, Ch. 430 effective July 27, 1987, and further amended by
L. 1998, Ch. 589 effective April 1, 1999.

§612 repealed by L. 1989, Ch. 222 effective June 26, 1989.

The Shared Work Program (Title 7-A) was created by L. 1985, Ch. 438, effective January 6, 1986
and was to remain in effect until January 1, 1989, with shared work programs then in force continuing
until their expiration. Amended to extend the program until January 1, 1990 by L. 1988, Ch. 277
effective July 19, 1988, and further amended by L. 1989, Ch. 222 effective June 26, 1989 to make
permanent the provisions of the Labor Law creating the Shared Work Program.