Virginia SB 5107: Unemployment compensation; extends date VEC is required to establish, etc., short-time compensation.

Bill Text

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2020 SPECIAL SESSION I

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20200763D 

SENATE BILL NO. 5107 

Senate Amendments in [ ] � August 28, 2020 

A BILL to amend and reenact � 60.2-712 of the Code of 
Virginia and to repeal the third and fourth enactments of Chapter 1261 of the 
Acts of Assembly of 2020, relating to unemployment compensation; short-time 
compensation; sunset repeal; emergency, 

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Patrons Prior to Engrossment--Senator McPike; Delegate: Kory 

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Referred to Committee on Commerce and Labor 

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Be it enacted by the General Assembly of Virginia:

1. That � 60.2-712 of the Code of Virginia is amended 
and reenacted as follows:

 � 60.2-712. (Expires July 1, 2022, or earlier, see Acts 
2020, c. 1261) Application to participate in short-time compensation program.

A. The Commission shall establish and implement a short-time 
compensation program [ by not later than ] January 1, 2021 
2022. The Program shall meet the requirements of 22 U.S.C. � 3306(v) and 
all other applicable federal and state laws.

B. An employer that wishes to participate in the Program shall 
submit to the Commission a signed, written work sharing plan for approval. The 
Commission shall develop an application form to request approval of a plan and 
an approval process. The application shall include:

1. The affected unit covered by the plan, including the number 
of employees in the unit; the percentage of employees in the affected unit 
covered by the plan; identification of each individual employee in the affected 
unit by name, social security number, and the employer's unemployment tax 
account number; and any other information required by the Commission to 
identify plan participants.

2. A description of how employees in the affected unit will be 
notified of the employer's participation in the plan if such application is 
approved, including how the employer will notify those employees in a 
collective bargaining unit as well as any employees in the affected unit who 
are not in a collective bargaining unit. If the employer does not intend to 
provide advance notice to employees in the affected unit, the employer shall 
explain in a statement in the application why it is not feasible to provide 
such notice.

3. A requirement that the employer identify, in the 
application, the usual weekly hours of work for employees in the affected unit 
and the specific percentage by which their hours will be reduced during all 
weeks covered by the plan. The percentage of reduction for which a work sharing 
plan application may be approved shall be not less than 10 percent and not more 
than 60 percent. If the plan includes any week for which the employer regularly 
does not provide work, including incidences due to a holiday or other plant 
closing, then such week shall be identified in the application.

4. Certification by the employer that, if the employer 
provides health benefits and re