West Virginia Code 21A-6B-5 – Eligibility for short-time compensation
(a) An employee is eligible to receive short-time compensation under a work sharing plan with respect to any week only if the employee is monetarily eligible for unemployment benefits, not otherwise disqualified for unemployment benefits, and:
Terms Used In West Virginia Code 21A-6B-5
- Affected unit: means a specific plant, department, shift, or other definable unit of an employing unit that has at least two employees to which an approved short-time compensation plan applies. See West Virginia Code 21A-6B-1
- Commissioner: means the Workforce West Virginia Commissioner, formerly known as the Bureau of Employment Programs' Commissioner, as defined in §. See West Virginia Code 21A-6B-1
- plan: means a plan submitted by an employer to the commissioner for approval to participate in the program. See West Virginia Code 21A-6B-1
- Program: means the short-time compensation program established pursuant to this article. See West Virginia Code 21A-6B-1
- Short-time compensation: 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 unemployment benefits provisions of this chapter. See West Virginia Code 21A-6B-1
(1) During the week, the employee is employed as a member of an affected unit under an approved work sharing plan that was approved prior to that week, and the plan is in effect with respect to the week for which short-time compensation is claimed; and
(2) Notwithstanding any other provisions of this title relating to availability for work and actively seeking work, the employee is available for the employee’s usual hours of work with the short-time compensation employer, which may include, for purposes of this section, participating in training, including employer-sponsored training or training funded under the federal Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, 128 Stat. 1425 (2014) to enhance job skills that is approved by the commissioner.
(b) Notwithstanding any other provision of law, an employee covered by a work sharing plan is deemed unemployed in any week during the duration of that plan if the employee’s remuneration as an employee in an affected unit is reduced based on a reduction of the employee’s usual weekly hours of work under an approved work sharing plan.
(c) The short-term compensation program shall not serve as a subsidy of seasonal employment during the off-season, nor as a subsidy of temporary part-time or intermittent employment.