§ 40-2-906. Eligibility.  


Latest version.
  • A.  Notwithstanding any other provisions of the Employment Security Act of 1980, an individual is unemployed and is eligible for shared work benefits in any week in which the individual, as an employee in an affected unit, works for less than the individual's normal weekly hours of work in accordance with an approved shared work plan in effect for that week.  The Oklahoma Employment Security Commission may not deny shared work benefits for any week to an otherwise eligible individual by reason of the application of any provision of this title that relates to availability for work, active search for work or refusal to apply for or accept work with an employer other than the participating employer.  The Oklahoma Employment Security Commission shall not deduct wages paid by the participating employer to the participating employee from the shared work benefit in any week the shared work plan is being implemented for the participating employee.

    B.  An individual is eligible to receive shared work benefits with respect to any week in which the Commission finds that:

    1.  The individual is employed as a member of an affected unit subject to a shared work plan that was approved and is in effect for that week;

    2.  The individual is able to work and is available for additional hours of work or full-time work with the participating employer;

    3.  The individual's normal weekly hours of work have been reduced by at least twenty percent (20%) but not more than forty percent (40%) with a corresponding reduction in wages; and

    4.  The individual's normal weekly hours of work and wages have been reduced as described in paragraph 3 of this subsection for a waiting period of one (1) week which occurs within the period the shared work plan is in effect, which period includes the week for which the individual is claiming shared work benefits.

    C.  The participating employer shall be responsible for the filing of the weekly claims for shared work benefits on behalf of the participating employee.  The participating employer shall provide the Oklahoma Employment Security Commission with the name and social security number of each participating employee along with any other information necessary to complete the claim.  The participating employer shall certify that the participating employee is qualified to receive the shared work benefit.

Added by Laws 2010, c. 344, § 7, eff. July 1, 2010.