Vermont Statutes Title 21 Sec. 1452
Terms Used In Vermont Statutes Title 21 Sec. 1452
- Affected unit: means a specific plan, department, shift, or other definable unit consisting of not less than five employees to which an approved short-time compensation plan applies. See
- Commissioner: means the Commissioner of Labor established by this chapter, or his or her authorized representative. See
- compensation: means the money payments payable to an individual, as provided in this chapter, with respect to his or her unemployment. See
- Contributions: means the money payments to the State Unemployment Compensation Fund required by this chapter. See
- Defined benefit plan: means a plan described in 26 U. See
- Defined contribution plan: means a plan described in 26 U. See
- Employer: includes :
- employment: shall include an individual's entire service, performed within, or both within and without, this State if the service is localized in this State. See
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Fringe benefits: means benefits, including health insurance, retirement benefits, paid vacations and holidays, sick leave, and similar benefits that are incidents of employment. See
- Short-time compensation plan: means a plan of an employer under which there is a reduction in the number of hours worked by employees of an affected unit rather than layoffs. See
- State: means the states of the United States of America, the Commonwealth of Puerto Rico, the District of Columbia, and after December 31, 1977, the Virgin Islands. See
- STC: means the unemployment benefits payable to employees in an affected unit under an approved short-time compensation plan as distinguished from the unemployment benefits otherwise payable under the conventional unemployment compensation provisions of this chapter. See
- Unemployment compensation: means the unemployment benefits payable under this chapter other than short-time compensation and includes any amounts payable pursuant to an agreement under any federal law providing for compensation, assistance, or allowances with respect to unemployment. See
§ 1452. Criteria for approval
(a) An employer wishing to participate in an STC program shall submit a Department of Labor electronic application or a signed written short-time compensation plan to the Commissioner for approval. The Commissioner may approve an STC plan only if the following criteria are met:
(1) The plan identifies the specified affected units to which it applies.
(2) The employees in the affected unit or units are identified by name, Social Security number, and by any other information required by the Commissioner.
(3) The plan provides that if the employer provides fringe benefits, including health benefits and retirement benefits under a defined benefit plan or contributions under a defined contribution plan, to any employee whose workweek is reduced under the program, that the benefits will continue to be provided to employees participating in the short-time compensation program under the same terms and conditions as though the workweek had not been reduced. However, reductions in the benefits of short-time compensation plan participants are permitted to the extent that the reductions also apply to nonparticipant employees.
(4) The usual total weekly hours of work for employees in the affected unit or units are reduced by not less than 20 percent and not more than 50 percent.
(5) The plan certifies that the aggregate reduction in work hours is in lieu of layoffs of one or more workers which would have resulted in an equivalent reduction in work hours and which the Commissioner finds would have caused an equivalent dollar amount to be payable in unemployment compensation.
(6) The plan certifies that the STC employer will notify the Department within 24 hours after any layoff of an employee, at which time the Commissioner shall have the right to terminate the STC plan.
(7) The identified workweek reduction is applied consistently throughout the duration of the plan unless otherwise approved by the Department. The plan shall not subsidize seasonal employers during the off-season.
(8) The plan applies to at least 10 percent of the employees in the affected unit, and when determined to be applicable by the Commissioner applies to all affected employees of the unit equally.
(9) The plan will not subsidize seasonal employers during the off-season, nor subsidize employers who have traditionally used part-time employees or intermittent employment.
(10) The employer agrees to maintain records relative to the plan for a period of three years and furnish reports relating to the proper conduct of the plan and agrees to allow the Commissioner or his or her authorized representatives access to all records necessary to verify the plan prior to approval and, after approval, to monitor and evaluate application of the plan.
(11) The plan certifies that the collective bargaining agent or agents for the employees, if any, have agreed to participate in the program. If there is no bargaining unit, the employer specifies how he or she will notify the employees in the affected group and work with them to implement the program once the plan is approved.
(12) The plan describes the manner in which the requirements of this section will be implemented and where feasible how notice will be given to an employee whose workweek is to be reduced and an estimate of the number of layoffs that would have occurred absent the ability to participate in the short-time compensation program and any other information that the U.S. Secretary of Labor determines is appropriate.
(13) The employer certifies that the plan is consistent with employer obligations under applicable State and federal laws.
(b) In the event of any conflict between any provision of sections 1451-1460 of this title, or the regulations implemented pursuant to these sections, and applicable federal law, the federal law shall prevail and the provision shall be deemed invalid. (Added 1985, No. 140 (Adj. Sess.), § 1; amended 2007, No. 104 (Adj. Sess.), § 2; 2011, No. 162 (Adj. Sess.), § E.401.4; 2013, No. 72, § 35b, eff. June 30, 2013.)