CHAPTER 215. SHARED WORK UNEMPLOYMENT COMPENSATION PROGRAM
LABOR CODE
TITLE 4. EMPLOYMENT SERVICES AND UNEMPLOYMENT
SUBTITLE A. TEXAS UNEMPLOYMENT COMPENSATION ACT
CHAPTER 215. SHARED WORK UNEMPLOYMENT COMPENSATION PROGRAM
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 215.001. DEFINITIONS. In this chapter:
(1) "Affected unit" means a unit of two or more employees,
including a department or shift, designated by an employer to
participate in a shared work plan.
(2) "Fringe benefit" means health insurance, a retirement
benefit received under a pension plan, a paid vacation day, a
paid holiday, sick leave, or any other similar employee benefit
provided by an employer.
(3) "Normal weekly hours of work" means the number of hours in a
week that an employee ordinarily works for a participating
employer or an average of 40 hours per week over a two-week pay
period, whichever is less.
(4) "Participating employee" means an employee who works a
reduced number of hours under an approved shared work plan.
(5) "Participating employer" means an employer who has a shared
work plan in effect.
(6) "Shared work benefit" means an unemployment compensation
benefit that is payable to a participating employee.
(7) "Shared work 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 hours
of work.
(8) "Shared work program" means the shared work unemployment
compensation program.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
42, Sec. 1, eff. May 19, 2009.
Sec. 215.002. SHARED WORK UNEMPLOYMENT COMPENSATION PROGRAM.
(a) The commission, under a voluntary shared work unemployment
compensation program designed to reduce unemployment and
stabilize the work force, shall allow participating employees
shared work benefits.
(b) The commission may adopt rules and establish procedures
necessary to administer the shared work program.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
SUBCHAPTER B. SHARED WORK PLAN
Sec. 215.021. APPROVAL REQUIRED FOR EMPLOYER PLAN. (a) Before
an employer may participate in the shared work program, the
commission must approve the employer's shared work plan. The plan
must be submitted in writing to the commission.
(b) If an employee who participates in a shared work plan is
covered by a collective bargaining agreement, the collective
bargaining agent must approve the plan in writing.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 215.022. REQUIREMENTS OF SHARED WORK PLAN. (a) The
commission may approve a shared work plan if:
(1) the plan:
(A) applies to and identifies a specific affected unit;
(B) identifies the employees in the affected unit by name and
social security number;
(C) reduces the normal weekly hours of work for an employee in
the affected unit by at least 10 percent but not more than 40
percent;
(D) applies to at least 10 percent of the employees in the
affected unit; and
(E) describes the manner in which the participating employer
treats the fringe benefits of each employee in the affected unit;
(2) the employer certifies that the implementation of a shared
work plan and the resulting reduction in work hours is in lieu of
temporary layoffs that would:
(A) affect at least 10 percent of the employees in the affected
unit; and
(B) result in an equivalent reduction in work hours; and
(3) the employer agrees to furnish the commission reports
relating to the operation of the plan as requested by the
commission.
(b) A shared work plan may not be implemented to subsidize a
seasonal employer during the off-season or to subsidize an
employer who traditionally has used part-time employees.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 215.023. APPROVAL OR DENIAL OF SHARED WORK PLAN; NOTICE.
(a) The commission shall approve or deny a shared work plan in
writing not later than the 30th day after the date the commission
receives the plan.
(b) If the commission denies the plan, the commission shall give
the employer the reasons for denial.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 215.024. EFFECTIVE DATE OF SHARED WORK PLAN; EXPIRATION OR
TERMINATION. (a) A shared work plan takes effect on the date
the commission approves the plan.
(b) A shared work plan expires on the last day of the 12th
calendar month beginning after the effective date of the plan.
(c) The commission may terminate a shared work plan for good
cause if the plan is not being executed according to the terms
and intent of the shared work program.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 215.025. MODIFICATION OF SHARED WORK PLAN. (a) An
employer may modify a shared work plan to meet changed conditions
if the modification conforms to the basic provisions of the plan
as approved by the commission.
(b) Before implementing a proposed change, the employer must
report the change in writing to the commission.
(c) The commission shall reevaluate a plan that is proposed to
be substantially modified.
(d) If a proposed plan modification is substantial, the
commission may approve the modified plan according to the
requirements of Sections 215.022(a)(1) and (2) or shall deny the
modification subject to Section 215.023.
(e) Approval of a modified plan does not affect the plan's
original expiration date.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 215.026. PARTICIPATING EMPLOYER'S REPORT ON PLAN OPERATION.
A participating employer shall:
(1) monitor and evaluate the operation of its established shared
work plan as requested by the commission; and
(2) report the findings to the commission.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
SUBCHAPTER C. SHARED WORK BENEFITS
Sec. 215.041. EMPLOYEE'S ELIGIBILITY FOR SHARED WORK BENEFITS.
(a) Notwithstanding any other provision of this subtitle, an
individual is unemployed for the purposes of this subtitle in a
week in which the individual works under an approved shared work
plan in effect for that week for less than the individual's
normal weekly hours of work.
(b) An individual is eligible to receive shared work benefits
for a week in which:
(1) the individual is employed as a member of an affected unit
subject to a shared work plan that was approved before that week
and is in effect for that week;
(2) the individual is able to work and is available for
additional hours of work or for full-time work with the
participating employer; and
(3) the individual's normal weekly hours of work have been
reduced by at least 10 percent but not more than 40 percent, with
a corresponding reduction in wages.
(c) The commission may not deny shared work benefits for a week
to an otherwise eligible individual because of a provision of
this subtitle that relates to:
(1) availability for work;
(2) active search for work; or
(3) refusal to apply for or to accept work with an employer
other than the participating employer.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 215.042. SHARED WORK BENEFITS FORMULA. (a) The commission
shall pay an individual who is eligible for shared work benefits
a weekly shared work benefit in an amount equal to the
individual's regular weekly benefit amount for a period of total
unemployment multiplied by the nearest full percentage of
reduction of the individual's wages under the employer's shared
work plan.
(b) The commission shall round to the next highest dollar a
shared work benefit that is not a multiple of one dollar.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 215.043. LIMITATIONS ON BENEFITS. (a) An individual is
not entitled to receive shared work benefits and regular
unemployment compensation benefits that exceed the maximum total
benefits payable to the individual in a benefit year as provided
by Section 207.005.
(b) An individual who receives shared work benefits is not
entitled to receive benefits for partial unemployment under
Section 207.003 for any week in which the individual works as a
participating employee.
(c) The commission may not pay an individual shared work
benefits for a week in which the individual performs paid work
for the participating employer that exceeds the reduced hours
established under a shared work plan.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 215.044. EXTENDED BENEFITS. An individual who has received
all of the shared work benefits and regular unemployment
compensation benefits available in a benefit year is an
individual who has exhausted regular benefits under Section
209.042 and is entitled to receive extended benefits under
Chapter 209 if the individual is otherwise eligible under that
chapter.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.