WorkShare plans may be submitted by any New Hampshire employer whose taxes are currently up to date and who is in good standing with the NH Department of Labor. They must certify that they are averting layoffs to full time or permanent part-time employees by reducing the number of hours worked between 10% - 50% in a specific class unit.
The reduction must be spread equally across all employees in the area and the employer must continue to provide health care benefits currently in place. A plan cannot start prior to 21 calendar days after submission of the plan and the plan cannot exceed 26 weeks, although a new plan can be submitted at the completion of a plan. WorkShare Plan denials can not be appealed; although an employer may submit a new plan for consideration.
Plans will not be approved for seasonal employment during the off season or as a subsidy for intermittent employment.
Upon approval of a WorkShare plan an employee must submit either an initial claim or reopen a claim for unemployment compensation and be approved to receive benefits under RSA 282-A. If approved, they will receive a weekly benefit rate, and a written determination detailing the employers and wages used in the base period to calculate the weekly benefit amount. If after reviewing the determination, the employee does not agree with the weekly benefit rate, they may contact us to provide documentation of missing wage information or have the right to file an appeal.
If the employer has employees covered by a collective bargaining agent or union, the plan must be approved, in writing, by the collective bargaining agent who cover the affected employees.
Per NH law, a waiting week must be served by individuals collecting NH Unemployment Compensation, including WorkShare participants, unless they have already served their week.
Individuals participating in a WorkShare plan are not required to look for new work. They must be able and available for the normal work week with the WorkShare employer and must work all the hours offered by the WorkShare employer in any given week up to the employee's usual weekly hours.
All WorkShare benefits paid under the WorkShare plan will be charged against the WorkShare employer.