Ariz. Admin. Code § R6-3-1405 - Shared Work
A.
Shared Work Plans
1. Participation. The
Department shall not permit an employee to participate concurrently in more
than 1 shared work plan.
2.
Amendment. Upon written request by the shared work employer, the Department
shall:
a. Approve the transfer of an eligible
employee from 1 approved plan to another approved plan; or
b. Amend the plan to include an eligible
employee who was omitted from the approved plan.
B. Shared Work Employer's
Contribution Rate. When any of the members of a Joint Experience Rating Account
established under the provisions of
R6-3-1712(A)
have an approved shared work plan, the Department shall assign the members a
contribution rate as prescribed in A.R.S. §
23-765.
C. Shared Work Benefits
1. Normal Weekly Hours. In A.R.S. §
23-764, the
phrase "normal weekly hours of work for which the employer would not compensate
the employee" means the number of hours, as defined in A.R.S. §
23-761(3),
less the weekly hours of work for which the employer would compensate the
employee, or for which the employer would compensate the employee had the
employee worked.
a. Normal weekly hours of
work include the hours calculated by a shared work employer converting the
amount of an employee's average weekly earnings to an hourly
equivalent.
b. Weekly hours of work
for which the employer would compensate the employee include, to the nearest
10th of an hour, actual hours of work and other hours for which the employee
has been or will be compensated, such as holiday pay, sick leave pay, and
vacation or annual leave pay.
2. Weekly Certification. For each week of
shared work benefits claimed by an employee in an affected group, the employer
shall, in a format prescribed by the Department, provide and certify the
following information:
a. The hours of work
for which the employer compensated the employee, and
b. Whether the employee refused to accept any
work offered by the employer.
3. Refusal of work. The statutory
disqualification prescribed in A.R.S. §
23-776
applies when the Department determines that a shared work claimant failed to
accept suitable full-time work offered by the shared work employer. The
Department shall determine the suitability of the work offered as prescribed in
A.R.S. §
23-776.
4. Previously assessed disqualification.
Designation of an employee as a participant in an affected group does not
terminate or suspend a previously assessed disqualification. For purposes of
A.R.S. §
23-778,
a weekly shared work claim is a valid claim for benefits.
5. Retirement pay. When retirement pay is
deductible as prescribed in A.R.S. §
23-791,
the Department shall deduct the weekly retirement amount from the computed
shared work benefit amount.
6.
Extended benefits. A shared work claimant is eligible to receive shared work
benefits under the extended benefit program if the claimant meets the
requirements of A.R.S. §
23-634.
7. Backdating. In the manner prescribed in
R6-3-5475(E)(1), the Department shall backdate the effective date of a shared work initial claim
for benefits to an earlier date if the claimant received misinformation about
the filing of a claim from the shared work employer or the Department, except
that the Department shall not backdate the effective date to a date prior to
the effective date of the approved plan showing the claimant as a member of an
affected group.
8. Dual claims. The
Department shall not permit a claimant to receive regular benefits and shared
work benefits concurrently.
9.
Termination of shared work employment. A shared work claimant who terminates
employment with, or is terminated by, the shared work employer is not eligible
for shared work compensation for the calendar week in which the termination
occurred. When a termination occurs, the shared work employer shall enter the
date of termination on the weekly certification.
10. Offset. The Department shall use shared
work benefits to offset any indebtedness to the Department as provided for in
A.R.S. §
23-787.
D. Other Employment. The
Department shall not charge the account of a base-period employer who is not
the shared work employer, but who continues to employ a shared work claimant,
for benefits paid to the claimant, if the base period employer submits written
information of the continued employment within 10 days of the date of the
Department's notice that the claimant has 1st filed a claim for
benefits.
Notes
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