Online weekly certification is available - even if the initial application was done via paper. It is convenient, and participating employees will receive benefits faster by avoiding paper mail delays. Please note that if you certify online, plan participants must also certify online.
Q: When will the Shared Work Plan begin?
A: On the date specified on your application form or the first Monday following our approval of the plan, whichever date is later. Submit your application less than one month before the proposed start date but at least one week before the desired plan starting date. A Shared Work Plan cannot be retroactive.
Q: What should employees do once a plan is approved?
A: Employees that do not have an existing Unemployment Insurance claim must file one during their first reduced week under your Shared Work plan in order to start receiving benefits. Employees may file online at www.labor.ny.gov/signin (recommended). They may also use our Tel-Service automated phone system by calling (888) 209-8124. If your employees would like direct deposit of their benefits, they must file online.
Q: How are Shared Work benefits claimed?
A: Employees must certify during the week following their first reduction under Shared Work. Each employee must complete the certification by signing in to their online services account at www.labor.ny.gov/signin, selecting the "Unemployment Services" button, and then selecting "Certify to Claim Your Weekly Benefits Here."
Q: What happens if I don't need the plan in a particular week?
A: You simply do not certify for any week that employees are not reduced.
Q: What if I sent the plan in with a 30% reduction, but I find I need to change it?
A: As long as your reduction falls between 20%-60%, you may change the percentage as your business needs dictate.
Q: How do I notify you that a participant is no longer employed and should be removed from the Shared Work Plan?
A: When you are submitting your weekly certifications, select a status of 'quit', 'discharged' or 'permanently laid off' to notify us that a participant is no longer employed; you will be asked for that participant's last day worked.
Q: Can an employer lay off some workers who were originally in the plan and still keep the remainder in the plan?
A: Yes. Shared Work would still prevent the layoffs of the remaining employees, which is the program's intent, or you could reduce hours and wages of the employees further to avoid any layoffs.
Q: Once the Shared Work Plan is in effect, can an employer hire a replacement for an employee who leaves to work for another employer?
A: Yes. The law only prohibits you from hiring additional employees to work in an affected unit. You can hire replacements for employees who leave the company while the plan is in effect.
Q: If an employer chooses Shared Work, must it apply to the whole business or company?
A: No, you can use Shared Work in one or more departments, shifts, or units. The plan gives you the flexibility to choose the areas involved. You must apply the reductions in hours and wages equally to all of the employees in the chosen unit or department. However, you may reduce the hours and wages of employees in different departments or units by different percentages, if specified in the plan.
Q: How many work units can I create?
A: While you can submit a plan with all of your employees in one unit, we generally recommend creating smaller units specific to particular jobs or shifts. This will allow you the flexibility to reduce or not reduce employees as business cycles demand.
Q: Can Corporate officers be included in the Shared Work plan?
A: Officers of a corporation may be approved to participate in the shared work plan of the business through December 31, 2020. Please contact the Liability and Determination Section at 518-457-2635 for more information.
Q: Can employees who normally work overtime receive Shared Work benefits for a reduction in their overtime hours?
A: No. Shared Work benefits are only for wages lost because of a reduction in the employee's "normal work" hours. "Normal work" hours are normally no more than 40 hours per week.
Q: What effect will Shared Work benefits have on an employer's Unemployment Insurance rate?
A: While Shared Work benefits are normally charged against an employer’s experience rating account, for claims filed between March 30, 2020 and December 27, 2020, Shared Work benefits are federally funded and no charges will be applied to the employer’s account. The additional $600 in weekly benefits paid to eligible Shared Work participants through July 31, 2020 will also be 100% federally funded.
Q: Is an employer required to file reports while the Shared Work Plan is in effect?
A: Yes. You and your participating employees must certify each week. This makes sure that each employee is paid the proper Shared Work benefit amount.
Q: Can employees receive Shared Work benefits if their hours and wages are reduced less than 20% or more than 60%?
A: No. However, those employees may be eligible to receive partial benefits under the regular unemployment insurance program.
Q: If the employer's Shared Work Plan expires but the employees still work a reduced work schedule, can they still receive Shared Work benefits?
A: No. Shared Work benefits are only payable while the plan is in effect. You should make arrangements -- before the plan expiration date -- to apply for a new plan. This will prevent interruption of payments.
Q: Can people in the Shared Work Program have income tax withheld from Shared Work benefits?
A: You can choose to have both federal and New York State income tax withheld from your benefits when you file your Shared Work unemployment insurance claim. If you choose to have taxes withheld, the withholding amount is set at 10% for federal taxes and 2.5% for New York State taxes. Taxes withheld will be reported on a 1099-G statement that is mailed after the end of the year.
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