SB-1267, As Passed Senate, September 20, 2012
September 12, 2012, Introduced by Senators CASWELL, ROBERTSON and COLBECK and referred to the Committee on Reforms, Restructuring and Reinventing.
A bill to amend 1936 (Ex Sess) PA 1, entitled
"Michigan employment security act,"
by amending section 28c (MCL 421.28c), as added by 2012 PA 216.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 28c. (1) An employer that meets all of the following
requirements may apply to the unemployment agency for approval of a
shared-work plan:
(a) The employer has filed all quarterly reports and other
reports required under this act and has paid all obligation
assessments, contributions, reimbursements in lieu of
contributions, interest, and penalties due through the date of the
employer's application.
(b) If the employer is a contributing employer, the employer's
reserve in the employer's experience account as of the most recent
computation date preceding the date of the employer's application
is a positive number.
(c) The employer has paid wages for the 12 consecutive
calendar quarters preceding the date of the employer's application.
(2) An application under this section shall be made in the
manner prescribed by the unemployment agency and contain all of the
following:
(a) The employer's assurance that it will provide reports to
the unemployment agency relating to the operation of its shared-
work plan at the times and in the manner prescribed by the
unemployment agency and containing all information required by the
unemployment agency.
(b) The employer's assurance that it will not hire new
employees in, or transfer employees to, the affected unit during
the effective period of the shared-work plan.
(c) The employer's assurance that it will not lay off
participating employees during the effective period of the shared-
work plan, or reduce participating employees' hours of work by more
than the reduction percentage during the effective period of the
shared-work plan, except in cases of holidays, designated vacation
periods, equipment maintenance, or similar circumstances.
(d) The employer's certification that it has obtained the
approval of any applicable collective bargaining unit
representative and has notified all affected employees who are not
in a collective bargaining unit of the proposed shared-work plan.
(e) A list of the week or weeks within the requested effective
period of the plan during which participating employees are
anticipated to work fewer hours than the number of hours determined
under section 28d(1)(e) due to circumstances listed in subdivision
(c).
(f) The employer's certification that the implementation of a
shared-work
plan is in lieu of temporary layoffs that would affect
at least 15% of the employees in the affected unit and would result
in an equivalent reduction in work hours.
(g) The employer's assurance that it will abide by all terms
and conditions of sections 28b to 28m.
(h) The employer's certification that, to the best of his or
her knowledge, participation in the shared-work plan is consistent
with the employer's obligations under federal law and the law of
this state.
(i) Any other relevant information required by the
unemployment agency.
(3) An employer may apply to the unemployment agency for
approval of more than 1 shared-work plan.
(4)
An employer shall not apply for and the unemployment
agency
shall not approve a shared-work plan that begins more than 5
years
after the effective date of the amendatory act that added
this
section.