LABOR CODE
CHAPTER 215. SHARED WORK UNEMPLOYMENT COMPENSATION PROGRAM
SUBCHAPTER A. GENERAL PROVISIONS
§ 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 40 hours, 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, § 1, eff. Sept. 1, 1993.
§ 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, § 1, eff. Sept. 1, 1993.
SUBCHAPTER B. SHARED WORK PLAN
§ 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, § 1, eff. Sept. 1, 1993.
§ 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, § 1, eff. Sept. 1, 1993.
§ 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, § 1, eff. Sept. 1, 1993.
§ 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, § 1, eff. Sept. 1, 1993.
§ 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, § 1, eff. Sept. 1, 1993.
§ 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, § 1, eff. Sept. 1, 1993.
SUBCHAPTER C. SHARED WORK BENEFITS
§ 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, § 1, eff. Sept. 1, 1993.
§ 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, § 1, eff. Sept. 1, 1993.
§ 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, § 1, eff. Sept. 1, 1993.
§ 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, § 1, eff. Sept. 1, 1993.
