AB1038,43m Section 43m. 108.062 (3r) of the statutes is created to read:

AB1038,32,8 108.062 (3r) Applicability of laws. A work-share program shall be governed by the law that was in effect when the plan or modification was last approved under sub. (3) or (3m), until the program ends as provided in sub. (4).

AB1038,44 Section 44 . 108.062 (4) of the statutes is renumbered 108.062 (4) (a) 1. and amended to read:

AB1038,32,14 108.062 (4) (a) 1. A Except as provided in subd. 2., a work-share program becomes effective on the later of the Sunday of the 2nd week beginning after approval of a work-share plan under sub. (3) or any Sunday after that day specified in the plan.

AB1038,32,18 (b) A work-share program ends on the earlier of the last Sunday that precedes the end of the 6-month period beginning on the effective date of the program or any Sunday before that day specified in the plan unless the program terminates on an earlier date under sub. (5), (14), or (15).

AB1038,45 Section 45 . 108.062 (4) (a) 2. of the statutes is created to read:

AB1038,32,23 108.062 (4) (a) 2. With respect to a work-share plan approved during a period described under sub. (20), the work-share program becomes effective on the later of the Sunday of or after approval of a work-share plan under sub. (3) or any Sunday after that day specified in the plan.

AB1038,46 Section 46 . 108.062 (15) of the statutes is amended to read:

AB1038,33,4 108.062 (15) Involuntary termination. If in any week there are fewer than 20 employees who are included in a work-share program of any employer, the program terminates on the 2nd Sunday following the end of that week. This subsection does not apply to a work-share program to which sub. (20) applies.

AB1038,47 Section 47 . 108.062 (19) of the statutes is renumbered 108.062 (19) (intro.) and amended to read:

AB1038,33,14 108.062 (19) Secretary may waive compliance. (intro.) The secretary may waive compliance with any requirement under this section do any of the following if the secretary determines that waiver of the requirement doing so is necessary to permit continued certification of this chapter for grants to this state under Title III of the federal Social Security Act, for maximum credit allowances to employers under the federal Unemployment Tax Act, or for this state to qualify for full federal financial participation in the cost of administration of this section and financing of benefits to employees participating in work-share programs under this section.:

AB1038,47m Section 47m. 108.062 (19) (a) and (b) of the statutes are created to read:

AB1038,33,16 108.062 (19) (a) Waive compliance with any requirement under this section.

AB1038,33,20 (b) Waive the application of sub. (20), in whole or in part, to the extent necessary for any of the purposes specified in this subsection or, to the extent necessary for any of those purposes, require the continued application of any requirement under sub. (2).

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.