Indiana 2022 Regular Session

Indiana House Bill HB1215 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1215
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 22-4.
7	7	Synopsis: Work sharing unemployment insurance program.
8	8	Establishes a work sharing unemployment insurance program
9	9	(program). Requires an employer that desires to participate in the
10	10	program to submit a work sharing plan for approval by the
11	11	commissioner of the department of workforce development. Establishes
12	12	the work sharing benefit as equal to an affected employee's
13	13	unemployment benefit reduced by a percentage equal to the percentage
14	14	of the employee's normal weekly work hours that the employee works
15	15	under the approved work sharing plan.
16	16	Effective: July 1, 2022.
17	17	Hatfield
18	18	January 6, 2022, read first time and referred to Committee on Employment, Labor and
19	19	Pensions.
20	20	2022 IN 1215—LS 6868/DI 141 Introduced
21	21	Second Regular Session of the 122nd General Assembly (2022)
22	22	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
23	23	Constitution) is being amended, the text of the existing provision will appear in this style type,
24	24	additions will appear in this style type, and deletions will appear in this style type.
25	25	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
26	26	provision adopted), the text of the new provision will appear in this style type. Also, the
27	27	word NEW will appear in that style type in the introductory clause of each SECTION that adds
28	28	a new provision to the Indiana Code or the Indiana Constitution.
29	29	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
30	30	between statutes enacted by the 2021 Regular Session of the General Assembly.
31	31	HOUSE BILL No. 1215
32	32	A BILL FOR AN ACT to amend the Indiana Code concerning labor
33	33	and safety.
34	34	Be it enacted by the General Assembly of the State of Indiana:
35	35	1 SECTION 1. IC 22-4-15-1, AS AMENDED BY P.L.224-2017,
36	36	2 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37	37	3 JULY 1, 2022]: Sec. 1. (a) Regarding an individual's most recent
38	38	4 separation from employment before filing an initial or additional claim
39	39	5 for benefits, an individual who voluntarily left the employment without
40	40	6 good cause in connection with the work or was discharged from the
41	41	7 employment for just cause is ineligible for waiting period or benefit
42	42	8 rights for the week in which the disqualifying separation occurred and
43	43	9 until:
44	44	10 (1) the individual has earned remuneration in employment in at
45	45	11 least eight (8) weeks; and
46	46	12 (2) the remuneration earned equals or exceeds the product of the
47	47	13 weekly benefit amount multiplied by eight (8).
48	48	14 If the qualification amount has not been earned at the expiration of an
49	49	15 individual's benefit period, the unearned amount shall be carried
50	50	16 forward to an extended benefit period or to the benefit period of a
51	51	17 subsequent claim.
52	52	2022 IN 1215—LS 6868/DI 141 2
53	53	1 (b) When it has been determined that an individual has been
54	54	2 separated from employment under disqualifying conditions as outlined
55	55	3 in this section, the maximum benefit amount of the individual's current
56	56	4 claim, as initially determined, shall be reduced by an amount
57	57	5 determined as follows:
58	58	6 (1) For the first separation from employment under disqualifying
59	59	7 conditions, the maximum benefit amount of the individual's
60	60	8 current claim is equal to the result of:
61	61	9 (A) the maximum benefit amount of the individual's current
62	62	10 claim, as initially determined; multiplied by
63	63	11 (B) seventy-five percent (75%);
64	64	12 rounded (if not already a multiple of one dollar ($1)) to the next
65	65	13 higher dollar.
66	66	14 (2) For the second separation from employment under
67	67	15 disqualifying conditions, the maximum benefit amount of the
68	68	16 individual's current claim is equal to the result of:
69	69	17 (A) the maximum benefit amount of the individual's current
70	70	18 claim determined under subdivision (1); multiplied by
71	71	19 (B) eighty-five percent (85%);
72	72	20 rounded (if not already a multiple of one dollar ($1)) to the next
73	73	21 higher dollar.
74	74	22 (3) For the third and any subsequent separation from employment
75	75	23 under disqualifying conditions, the maximum benefit amount of
76	76	24 the individual's current claim is equal to the result of:
77	77	25 (A) the maximum benefit amount of the individual's current
78	78	26 claim determined under subdivision (2); multiplied by
79	79	27 (B) ninety percent (90%);
80	80	28 rounded (if not already a multiple of one dollar ($1)) to the next
81	81	29 higher dollar.
82	82	30 (c) The disqualifications provided in this section shall be subject to
83	83	31 the following modifications:
84	84	32 (1) An individual shall not be subject to disqualification because
85	85	33 of separation from the individual's employment if:
86	86	34 (A) the individual left to accept with another employer
87	87	35 previously secured permanent full-time work which offered
88	88	36 reasonable expectation of continued covered employment and
89	89	37 betterment of wages or working conditions and thereafter was
90	90	38 employed on said job;
91	91	39 (B) having been simultaneously employed by two (2)
92	92	40 employers, the individual leaves one (1) such employer
93	93	41 voluntarily without good cause in connection with the work
94	94	42 but remains in employment with the second employer with a
95	95	2022 IN 1215—LS 6868/DI 141 3
96	96	1 reasonable expectation of continued employment; or
97	97	2 (C) the individual left to accept recall made by a base period
98	98	3 employer.
99	99	4 (2) An individual whose unemployment is the result of medically
100	100	5 substantiated physical disability and who is involuntarily
101	101	6 unemployed after having made reasonable efforts to maintain the
102	102	7 employment relationship shall not be subject to disqualification
103	103	8 under this section for such separation.
104	104	9 (3) An individual who left work to enter the armed forces of the
105	105	10 United States shall not be subject to disqualification under this
106	106	11 section for such leaving of work.
107	107	12 (4) An individual whose employment is terminated under the
108	108	13 compulsory retirement provision of a collective bargaining
109	109	14 agreement to which the employer is a party, or under any other
110	110	15 plan, system, or program, public or private, providing for
111	111	16 compulsory retirement and who is otherwise eligible shall not be
112	112	17 deemed to have left the individual's work voluntarily without
113	113	18 good cause in connection with the work. However, if such
114	114	19 individual subsequently becomes reemployed and thereafter
115	115	20 voluntarily leaves work without good cause in connection with the
116	116	21 work, the individual shall be deemed ineligible as outlined in this
117	117	22 section.
118	118	23 (5) An otherwise eligible individual shall not be denied benefits
119	119	24 for any week because the individual is in training approved under
120	120	25 Section 236(a)(1) of the Trade Act of 1974, nor shall the
121	121	26 individual be denied benefits by reason of leaving work to enter
122	122	27 such training, provided the work left is not suitable employment,
123	123	28 or because of the application to any week in training of provisions
124	124	29 in this law (or any applicable federal unemployment
125	125	30 compensation law), relating to availability for work, active search
126	126	31 for work, or refusal to accept work. For purposes of this
127	127	32 subdivision, the term "suitable employment" means with respect
128	128	33 to an individual, work of a substantially equal or higher skill level
129	129	34 than the individual's past adversely affected employment (as
130	130	35 defined for purposes of the Trade Act of 1974), and wages for
131	131	36 such work at not less than eighty percent (80%) of the individual's
132	132	37 average weekly wage as determined for the purposes of the Trade
133	133	38 Act of 1974.
134	134	39 (6) An individual is not subject to disqualification because of
135	135	40 separation from the individual's employment if:
136	136	41 (A) the employment was outside the individual's labor market;
137	137	42 (B) the individual left to accept previously secured full-time
138	138	2022 IN 1215—LS 6868/DI 141 4
139	139	1 work with an employer in the individual's labor market; and
140	140	2 (C) the individual actually became employed with the
141	141	3 employer in the individual's labor market.
142	142	4 (7) An individual who, but for the voluntary separation to move
143	143	5 to another labor market to join a spouse who had moved to that
144	144	6 labor market, shall not be disqualified for that voluntary
145	145	7 separation, if the individual is otherwise eligible for benefits.
146	146	8 Benefits paid to the spouse whose eligibility is established under
147	147	9 this subdivision shall not be charged against the employer from
148	148	10 whom the spouse voluntarily separated.
149	149	11 (8) An individual shall not be subject to disqualification if the
150	150	12 individual voluntarily left employment or was discharged due to
151	151	13 circumstances directly caused by domestic or family violence (as
152	152	14 defined in IC 31-9-2-42). An individual who may be entitled to
153	153	15 benefits based on this modification may apply to the office of the
154	154	16 attorney general under IC 5-26.5 to have an address designated by
155	155	17 the office of the attorney general to serve as the individual's
156	156	18 address for purposes of this article.
157	157	19 (9) An individual who is an affected employee (as defined in
158	158	20 IC 22-4-44-2(1)) and is subject to the work sharing
159	159	21 unemployment insurance program under IC 22-4-44 is not
160	160	22 disqualified for participating in the work sharing
161	161	23 unemployment insurance program.
162	162	24 As used in this subsection, "labor market" means the area surrounding
163	163	25 an individual's permanent residence, outside which the individual
164	164	26 cannot reasonably commute on a daily basis. In determining whether
165	165	27 an individual can reasonably commute under this subdivision, the
166	166	28 department shall consider the nature of the individual's job.
167	167	29 (d) "Discharge for just cause" as used in this section is defined to
168	168	30 include but not be limited to:
169	169	31 (1) separation initiated by an employer for falsification of an
170	170	32 employment application to obtain employment through
171	171	33 subterfuge;
172	172	34 (2) knowing violation of a reasonable and uniformly enforced rule
173	173	35 of an employer, including a rule regarding attendance;
174	174	36 (3) if an employer does not have a rule regarding attendance, an
175	175	37 individual's unsatisfactory attendance, if good cause for absences
176	176	38 or tardiness is not established;
177	177	39 (4) damaging the employer's property through willful negligence;
178	178	40 (5) refusing to obey instructions;
179	179	41 (6) reporting to work under the influence of alcohol or drugs or
180	180	42 consuming alcohol or drugs on the employer's premises during
181	181	2022 IN 1215—LS 6868/DI 141 5
182	182	1 working hours;
183	183	2 (7) conduct endangering safety of self or coworkers;
184	184	3 (8) incarceration in jail following conviction of a misdemeanor or
185	185	4 felony by a court of competent jurisdiction;
186	186	5 (9) any breach of duty in connection with work which is
187	187	6 reasonably owed an employer by an employee; or
188	188	7 (10) testing positive on a drug test under IC 16-27-2.5.
189	189	8 (e) To verify that domestic or family violence has occurred, an
190	190	9 individual who applies for benefits under subsection (c)(8) shall
191	191	10 provide one (1) of the following:
192	192	11 (1) A report of a law enforcement agency (as defined in
193	193	12 IC 10-13-3-10).
194	194	13 (2) A protection order issued under IC 34-26-5.
195	195	14 (3) A foreign protection order (as defined in IC 34-6-2-48.5).
196	196	15 (4) An affidavit from a domestic violence service provider
197	197	16 verifying services provided to the individual by the domestic
198	198	17 violence service provider.
199	199	18 SECTION 2. IC 22-4-44 IS ADDED TO THE INDIANA CODE AS
200	200	19 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
201	201	20 1, 2022]:
202	202	21 Chapter 44. Work Sharing Unemployment Insurance Program
203	203	22 Sec. 1. This chapter applies after June 30, 2022.
204	204	23 Sec. 2. The following definitions apply throughout this chapter:
205	205	24 (1) "Affected employee" means an individual who has been
206	206	25 continuously on the payroll of an affected unit for at least
207	207	26 sixteen (16) months.
208	208	27 (2) "Affected unit" means a specific plant, department, shift,
209	209	28 or other definable unit of an employing unit:
210	210	29 (A) that has at least two (2) employees; and
211	211	30 (B) to which an approved work sharing plan applies.
212	212	31 (3) "Approved work sharing plan" means a plan that satisfies
213	213	32 the purpose set forth in section 3 of this chapter and has the
214	214	33 approval of the commissioner.
215	215	34 (4) "Intermittent employment" means periodic intervals that
216	216	35 are not continuous during which an individual works for an
217	217	36 employing unit.
218	218	37 (5) "Normal weekly work hours" means the number of hours
219	219	38 that a full-time or part-time employee in the affected unit
220	220	39 works in a week when the unit is operating on a regular basis.
221	221	40 However, the number of hours in a week:
222	222	41 (A) may not exceed forty (40) hours; and
223	223	42 (B) does not include hours of overtime work.
224	224	2022 IN 1215—LS 6868/DI 141 6
225	225	1 (6) "Part-time employee" means an individual who works in
226	226	2 a position in a week for an employing unit in which the
227	227	3 number of scheduled work hours are normally less than the
228	228	4 number of scheduled work hours worked by a full-time
229	229	5 employee. The term does not include a worker who works in
230	230	6 a position that is:
231	231	7 (A) seasonal employment (as determined by the
232	232	8 department under IC 22-4-7-3(b));
233	233	9 (B) temporary employment; or
234	234	10 (C) intermittent employment.
235	235	11 (7) "Payments in lieu of contributions" has the meaning set
236	236	12 forth in IC 22-4-2-32.
237	237	13 (8) "Work sharing benefit" means a benefit payable to an
238	238	14 affected employee for work performed under an approved
239	239	15 work sharing plan, but does not include benefits that are
240	240	16 otherwise payable under this article.
241	241	17 (9) "Work sharing employer" means an employing unit for
242	242	18 which a work sharing plan has been approved.
243	243	19 (10) "Work sharing plan" means a plan of an employing unit
244	244	20 under which:
245	245	21 (A) normal weekly work hours of the affected employees
246	246	22 are reduced instead of a layoff of part or all of the affected
247	247	23 employees; and
248	248	24 (B) the affected employees share the work that remains
249	249	25 after the reduction.
250	250	26 Sec. 3. The work sharing unemployment insurance program
251	251	27 seeks to:
252	252	28 (1) preserve the jobs of employees and the workforce of an
253	253	29 employer during lowered economic activity by a reduction in
254	254	30 work hours or workdays rather than by a layoff of some
255	255	31 employees while other employees continue their normal
256	256	32 weekly work hours or workdays; and
257	257	33 (2) ameliorate the adverse effect of reduction in business
258	258	34 activity by providing benefits for the part of the normal
259	259	35 weekly work hours or workdays in which an employee does
260	260	36 not work.
261	261	37 Sec. 4. (a) An employing unit that meets all the following
262	262	38 requirements is eligible to participate in the work sharing
263	263	39 unemployment insurance program established by this chapter:
264	264	40 (1) The employing unit is subject to this article for wages paid
265	265	41 during a calendar year.
266	266	42 (2) The employing unit's:
267	267	2022 IN 1215—LS 6868/DI 141 7
268	268	1 (A) contribution rate for the calendar year; or
269	269	2 (B) payments in lieu of contributions;
270	270	3 are determined under IC 22-4-10, IC 22-4-11, IC 22-4-11.5, or
271	271	4 IC 22-4-37-3.
272	272	5 (3) The employing unit is not delinquent as determined under
273	273	6 IC 22-4-11-2.
274	274	7 (4) The employing unit had an experience account with a
275	275	8 credit balance on the latest computation date.
276	276	9 (b) An employing unit that:
277	277	10 (1) meets the eligibility requirements under subsection (a);
278	278	11 and
279	279	12 (2) wishes to participate in the work sharing unemployment
280	280	13 insurance program established by this chapter;
281	281	14 shall submit a written work sharing plan to the commissioner.
282	282	15 Sec. 5. (a) Not later than fifteen (15) calendar days after receipt
283	283	16 of a work sharing plan, the commissioner shall give written
284	284	17 approval or disapproval of the work sharing plan to the employing
285	285	18 unit.
286	286	19 (b) The decision of the commissioner to disapprove a work
287	287	20 sharing plan is final and may not be appealed.
288	288	21 (c) An employing unit may not submit a new work sharing plan
289	289	22 less than fifteen (15) calendar days after the date of the
290	290	23 commissioner's disapproval of a work sharing plan in accordance
291	291	24 with subsection (a).
292	292	25 Sec. 6. The commissioner shall approve a work sharing plan
293	293	26 that meets the following requirements:
294	294	27 (1) The work sharing plan must apply to the greater of:
295	295	28 (A) ten percent (10%) of the employees in an affected unit;
296	296	29 or
297	297	30 (B) two (2) employees in an affected unit.
298	298	31 (2) The normal weekly work hours of the affected employees
299	299	32 in the affected unit shall be reduced by at least ten percent
300	300	33 (10%), but the reduction may not exceed fifty percent (50%).
301	301	34 The reduction in normal weekly work hours must be spread
302	302	35 equally among all of the affected employees.
303	303	36 Sec. 7. (a) A work sharing plan must:
304	304	37 (1) identify the affected unit or units to which the work
305	305	38 sharing plan applies;
306	306	39 (2) state:
307	307	40 (A) the reason or reasons resulting in the reduction in
308	308	41 normal weekly work hours under section 6(2) of this
309	309	42 chapter;
310	310	2022 IN 1215—LS 6868/DI 141 8
311	311	1 (B) the expected duration of the reduction in normal
312	312	2 weekly work hours under section 6(2) of this chapter; and
313	313	3 (C) an estimate of the number of layoffs that will be
314	314	4 averted by the employing unit's participation in a work
315	315	5 sharing plan;
316	316	6 (3) specify the effective date of the work sharing plan;
317	317	7 (4) specify an expiration date that is not more than twelve (12)
318	318	8 months after the effective date of the work sharing plan;
319	319	9 (5) identify each employee in the affected unit by:
320	320	10 (A) name;
321	321	11 (B) Social Security number;
322	322	12 (C) the normal weekly work hours of the employee;
323	323	13 (D) the reductions in the number of hours and the amount
324	324	14 of wages proposed for the employee by the work sharing
325	325	15 plan; and
326	326	16 (E) any other information the commissioner requires;
327	327	17 (6) specify that the work sharing plan will not affect the fringe
328	328	18 benefits of any employee in the affected unit, including:
329	329	19 (A) health insurance for hospital, medical, dental, and
330	330	20 similar services;
331	331	21 (B) retirement benefits under benefit pension plans as
332	332	22 defined in the federal Employee Retirement Income
333	333	23 Security Act (29 U.S.C. 1001 et seq.);
334	334	24 (C) holiday and vacation pay;
335	335	25 (D) sick leave; and
336	336	26 (E) other similar benefits that are incidents of
337	337	27 employment;
338	338	28 (7) certify that:
339	339	29 (A) each affected employee has been continuously on the
340	340	30 payroll of the employing unit for at least sixteen (16)
341	341	31 months immediately before the date on which the
342	342	32 employing unit submits the work sharing plan;
343	343	33 (B) the total reduction in normal weekly work hours is in
344	344	34 place of layoffs that would have:
345	345	35 (i) affected at least the number of employees estimated in
346	346	36 subdivision (2)(C); and
347	347	37 (ii) resulted in an equivalent reduction in work hours;
348	348	38 and
349	349	39 (C) the work sharing plan will not serve as a subsidy of:
350	350	40 (i) seasonal employment as determined by the
351	351	41 department as a seasonal determination under
352	352	42 IC 22-4-7-3(b);
353	353	2022 IN 1215—LS 6868/DI 141 9
354	354	1 (ii) temporary employment; or
355	355	2 (iii) intermittent employment;
356	356	3 (8) contain:
357	357	4 (A) the written approval of the collective bargaining agent
358	358	5 for each collective bargaining agreement that covers any
359	359	6 affected employee in the affected unit; or
360	360	7 (B) in the absence of a collective bargaining agreement, a
361	361	8 certification by the employing unit that the proposed work
362	362	9 sharing plan, or a summary of the work sharing plan, has
363	363	10 been made available to each affected employee in the
364	364	11 affected unit; and
365	365	12 (9) include the employing unit's attestation that participation
366	366	13 in a work sharing plan is consistent with the employing unit's
367	367	14 obligations under applicable federal and state laws.
368	368	15 (b) A work sharing plan may include an option that allows an
369	369	16 affected employee to attend work related training or retraining to
370	370	17 enhance job skills (including employing unit sponsored training or
371	371	18 worker training funded under the federal Workforce Innovation
372	372	19 and Opportunity Act of 2014 (29 U.S.C. 3101 et seq.)) during the
373	373	20 affected employee's work hours. The commissioner shall approve
374	374	21 the training or retraining offered under this subsection.
375	375	22 Sec. 8. A work sharing employer shall agree to:
376	376	23 (1) submit reports that are necessary to administer the
377	377	24 approved work sharing plan; and
378	378	25 (2) allow the department to have access to all records
379	379	26 necessary to:
380	380	27 (A) verify the work sharing plan before its approval; and
381	381	28 (B) monitor and evaluate the application of the approved
382	382	29 work sharing plan.
383	383	30 Sec. 9. (a) An approved work sharing plan may be modified if:
384	384	31 (1) the work sharing employer notifies the commissioner in
385	385	32 writing not later than fifteen (15) calendar days after the date
386	386	33 the modification is made whenever the modification is not
387	387	34 substantial; or
388	388	35 (2) whenever the modification is substantial:
389	389	36 (A) the modification meets the requirements for approval
390	390	37 under section 6 of this chapter; and
391	391	38 (B) the commissioner approves the modification.
392	392	39 If the commissioner determines that a modification reported under
393	393	40 subdivision (1) is substantial, the commissioner shall notify the
394	394	41 work sharing employer of the commissioner's determination and
395	395	42 require the work sharing employer to request approval of the
396	396	2022 IN 1215—LS 6868/DI 141 10
397	397	1 modification under subdivision (2).
398	398	2 (b) The commissioner shall not approve a modification of a
399	399	3 work sharing plan that extends the expiration date of the work
400	400	4 sharing plan.
401	401	5 (c) The decision of the commissioner to disapprove a
402	402	6 modification to a work sharing plan is final and may not be
403	403	7 appealed.
404	404	8 Sec. 10. (a) An affected employee is eligible under this chapter
405	405	9 to receive work sharing benefits for each week in which the
406	406	10 commissioner determines that the affected employee is:
407	407	11 (1) able to work; and
408	408	12 (2) available for more hours of work for the work sharing
409	409	13 employer.
410	410	14 (b) An affected employee who is otherwise eligible may not be
411	411	15 denied work sharing benefits for lack of effort to secure full-time
412	412	16 work as set forth in IC 22-4-14-3 or for failure to apply for
413	413	17 available, suitable work as set forth in IC 22-4-15-2 from a person
414	414	18 other than the work sharing employer.
415	415	19 (c) An affected employee shall apply for benefits in accordance
416	416	20 with IC 22-4-17-1.
417	417	21 (d) An affected employee who is otherwise eligible for benefits
418	418	22 is:
419	419	23 (1) considered to be unemployed for the purpose of the work
420	420	24 sharing unemployment insurance program; and
421	421	25 (2) not subject to the requirements of IC 22-4-14-2.
422	422	26 Sec. 11. The unemployment compensation weekly work sharing
423	423	27 benefit due to an affected employee is determined in STEP FIVE
424	424	28 of the following formula:
425	425	29 STEP ONE: Determine the weekly benefit amount that would
426	426	30 be due to the employee under IC 22-4-12-4.
427	427	31 STEP TWO: Subtract the number of the employee's work
428	428	32 hours under the approved work sharing plan from the
429	429	33 number of the employee's normal weekly work hours.
430	430	34 STEP THREE: Divide the STEP TWO result by the number
431	431	35 of the employee's normal weekly work hours.
432	432	36 STEP FOUR: Multiply the number determined in STEP ONE
433	433	37 by the quotient determined in STEP THREE.
434	434	38 STEP FIVE: If the product determined under STEP FOUR is
435	435	39 not a multiple of one dollar ($1), round down to the nearest
436	436	40 lower multiple of one dollar ($1).
437	437	41 Sec. 12. (a) An affected employee may not receive more than
438	438	42 fifty-two (52) weeks of work sharing benefits during each benefit
439	439	2022 IN 1215—LS 6868/DI 141 11
440	440	1 period.
441	441	2 (b) The total amount of benefits payable under IC 22-4-12-4 and
442	442	3 work sharing benefits payable under this chapter may not exceed
443	443	4 the total amount of benefits payable for the benefit period under
444	444	5 IC 22-4-12-4(a).
445	445	6 Sec. 13. During a week in which an affected employee who
446	446	7 otherwise is eligible for benefits does not work for the work
447	447	8 sharing employer:
448	448	9 (1) the individual shall be paid unemployment insurance
449	449	10 benefits in accordance with IC 22-4-12; and
450	450	11 (2) the week does not count as a week for which a work
451	451	12 sharing benefit is received.
452	452	13 Sec. 14. During a week in which an affected employee works for
453	453	14 a work sharing employer under an approved work sharing plan
454	454	15 and also for another employer, the work sharing benefit is
455	455	16 determined under section 11 of this chapter by subtracting (in
456	456	17 STEP TWO) the combined hours worked for the work sharing
457	457	18 employer and the other employer from the affected employee's
458	458	19 normal weekly work hours.
459	459	20 Sec. 15. Work sharing benefits shall be charged to the work
460	460	21 sharing employer's experience balance in the same manner as
461	461	22 unemployment insurance is charged under this article. Employers
462	462	23 liable for payments in lieu of contributions shall have work sharing
463	463	24 benefits attributed to service in their employ in the same manner
464	464	25 as unemployment insurance is attributed under this article.
465	465	26 However, during a period in which the federal government
466	466	27 reimburses the state for work sharing benefits, the state may not:
467	467	28 (1) charge an employer's experience account; or
468	468	29 (2) require payments in lieu of contributions;
469	469	30 for work sharing benefits paid under this article.
470	470	31 Sec. 16. (a) The commissioner may revoke approval of an
471	471	32 approved work sharing plan for good cause, including:
472	472	33 (1) conduct or an occurrence that tends to defeat the intent
473	473	34 and effective operation of the approved work sharing plan;
474	474	35 (2) failure to comply with an assurance in the approved work
475	475	36 sharing plan;
476	476	37 (3) unreasonable revision of a productivity standard of the
477	477	38 affected unit;
478	478	39 (4) violation of a criterion on which the commissioner based
479	479	40 the approval of the work sharing plan; or
480	480	41 (5) failure of the employing unit to comply with the eligibility
481	481	42 requirements under section 4(a) of this chapter for
482	482	2022 IN 1215—LS 6868/DI 141 12
483	483	1 participation in the work sharing unemployment insurance
484	484	2 program.
485	485	3 (b) A work sharing employer may terminate an approved work
486	486	4 sharing plan at any time by notifying the following at least fifteen
487	487	5 (15) calendar days before the termination of the plan:
488	488	6 (1) The commissioner.
489	489	7 (2) One (1) of the following:
490	490	8 (A) The collective bargaining agent for each collective
491	491	9 bargaining agreement that covers any affected employee
492	492	10 in the affected unit.
493	493	11 (B) In the absence of a collective bargaining agreement,
494	494	12 each affected employee in the affected unit.
495	495	13 (c) An affected employee in an affected unit or the collective
496	496	14 bargaining agent representing an affected employee in an affected
497	497	15 unit may request that the commissioner take action to revoke the
498	498	16 approval of an approved work sharing plan.
499	499	17 (d) The commissioner shall give written notice of a revocation
500	500	18 to the work sharing employer specifying:
501	501	19 (1) the date the revocation is effective; and
502	502	20 (2) the reason or reasons for the revocation.
503	503	21 (e) The commissioner's decision to revoke approval of an
504	504	22 approved work sharing plan is final and may not be appealed.
505	505	23 (f) The department shall review the operation of an approved
506	506	24 work sharing plan at least once during the period that the
507	507	25 approved work sharing plan is in effect to ensure that the work
508	508	26 sharing employer is complying with the requirements of the
509	509	27 approved work sharing plan.
510	510	28 Sec. 17. The department may adopt and enforce rules under
511	511	29 IC 4-22-2 that are necessary to carry out this chapter in
512	512	30 accordance with IC 22-4-19-1.
513	513	2022 IN 1215—LS 6868/DI 141