AB1038,48 Section 48 . 108.062 (20) of the statutes is created to read:

AB1038,34,3 108.062 (20) Suspensions of certain provisions. Notwithstanding sub. (2), this subsection, and not sub. (2), applies to work-share plans submitted on or after the effective date of this subsection .... [LRB inserts date], and before December 31, 2020, subject to sub. (19). During that period, prior to implementing a work-share program, an employer shall submit a work-share plan for the approval of the department. In its submittal, the employer shall certify that its plan is in compliance with all requirements under this section. Each plan shall:

AB1038,34,6 (a) Specify the affected positions, and the names of the employees filling those positions on the date of submittal. The plan need not be limited to a particular work unit.

AB1038,34,8 (b) Provide for initial coverage under the plan of at least 2 positions that are filled on the effective date of the work-share program.

AB1038,34,10 (c) Specify the period or periods when the plan will be in effect, which may not exceed a total of 6 months in any 5-year period within the same work unit.

AB1038,34,12 (d) Exclude participation by employees who are employed on a seasonal, temporary, or intermittent basis.

AB1038,34,15 (e) Apply only to employees who have been engaged in employment with the employer for a period of at least 3 months on the effective date of the work-share program and who are regularly employed by the employer in that employment.

AB1038,34,20 (f) Specify the normal average hours per week worked by each employee in the work unit and the percentage reduction in the average hours of work per week worked by that employee, exclusive of overtime hours, which shall be applied in a uniform manner and which shall be at least 10 percent of the normal hours per week of that employee but not more than whichever of the following is greater:

AB1038,34,21 1. Sixty percent of the normal hours per week of that employee.

AB1038,34,23 2. The maximum percent reduction of the normal hours per week of that employee that is permissible under federal law.

AB1038,35,3 (g) Describe the manner in which requirements for maximum federal financial participation in the plan will be implemented, including a plan for giving notice, where feasible, to participating employees of changes in work schedules.

AB1038,35,5 (h) Provide an estimate of the number of layoffs that would occur without implementation of the plan.

AB1038,35,8 (i) Specify the effect on any fringe benefits provided by the employer to the employees who are included in the work-share program other than fringe benefits required by law.

AB1038,35,10 (j) Include a statement affirming that the plan is in compliance with all employer obligations under applicable federal and state laws.

AB1038,35,15 (k) Indicate whether the plan includes employer-sponsored training to enhance job skills and acknowledge that the employees may participate in training funded under the federal Workforce Innovation and Opportunity Act, 29 USC 3101 to 3361, or another federal law that enhances job skills without affecting availability for work, subject to department approval.

AB1038,49 Section 49 . 108.07 (5) of the statutes is renumbered 108.07 (5) (am).

AB1038,50 Section 50 . 108.07 (5) (bm) of the statutes is created to read:

AB1038,35,22 108.07 (5) (bm) 1. The department shall, when processing initial claims for regular benefits, determine whether a claim or plan is related to the public health emergency declared on March 12, 2020, by executive order 72. If a claim is so related, the regular benefits for that claim shall, except as provided in subd. 2., be paid as provided in subd. 3.

AB1038,35,24 2. a. Subdivision 1. applies only with respect to benefits payable for weeks beginning after March 12, 2020, and beginning before December 31, 2020.

AB1038,36,2 b. Subdivision 1. does not apply if the employer fails to timely and adequately provide any information required by the department under s. 108.04 (2) (d).

AB1038,36,6 c. Subdivision 1. does not apply with respect to any benefits paid or reimbursed by the federal government, or any portion thereof, including the portion of any benefits reimbursed by the federal government for reimbursable employers, as defined in s. 108.155 (1) (b).

AB1038,36,9 d. In the case of a claim for regular benefits that is a combined wage claim, as defined in s. 108.04 (13) (g) 1. a., subd. 1. applies only with respect to this state's share of benefits.

AB1038,36,11 e. Subdivision 1. does not apply with respect to work-share benefits under s. 108.062 (6).

AB1038,36,12 f. Subdivision 1. does not apply to benefits chargeable as provided in sub. (7).

AB1038,36,14 3. Charges for benefits to which subd. 1. applies shall, notwithstanding any other provision of this chapter, be paid or reimbursed as follows:

AB1038,36,16 a. For employers subject to the contribution requirements of ss. 108.17 and 108.18, the benefits shall be charged to the fund's balancing account.

AB1038,36,18 b. For reimbursable employers, as defined in s. 108.155 (1) (b), the benefits shall be paid in the manner provided under par. (am) 1.

AB1038,51 Section 51 . 108.14 (8n) (e) of the statutes is amended to read:

AB1038,37,8 108.14 (8n) (e) The department shall charge this state's share of any benefits paid under this subsection to the account of each employer by which the employee claiming benefits was employed in the applicable base period, in proportion to the total amount of wages he or she earned from each employer in the base period, except that if s. 108.04 (1) (f), (5), (7) (a), (c), (cg), (e), (L), (q), (s), or (t), (7m) or (8) (a) or (b), 108.07 (3), (3r), or (5) (b) (am) 2., or 108.133 (3) (f) would have applied to employment by such an employer who is subject to the contribution requirements of ss. 108.17 and 108.18, the department shall charge the share of benefits based on employment with that employer to the fund's balancing account, or, if s. 108.04 (1) (f) or (5) or 108.07 (3) would have applied to an employer that is not subject to the contribution requirements of ss. 108.17 and 108.18, the department shall charge the share of benefits based on that employment in accordance with s. 108.07 (5) (a) and (b) (am) 1. and 2. The department shall also charge the fund's balancing account with any other state's share of such benefits pending reimbursement by that state.