Frequently Asked Questions

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What is a WorkShare Plan?
Who may apply for WorkShare?
What are the advantages to the employer?
What are the advantages to the employees?
Who does the plan cover?
When does the plan begin?
How will my company be notified?
Why would my company be rejected from using WorkShare?
What is "good cause"?
Can the employer appeal the Commissioner's decision?
Is there a limit to the size of the employer's workforce?
What are the criteria that need to be met for the plan to be approved for WorkShare?
Can an employer apply for WorkShare if the employees are represented by a collective bargaining agent or union?
When do I need to notify my employees about WorkShare if there is no collective bargaining agent or union?
Can I apply for WorkShare if I am a seasonal employer?
Who is eligible to participate in a WorkShare Plan?
Must the employee serve a Waiting Period?
What other conditions apply to employees collecting WorkShare Benefits?
What is an individual's weekly WorkShare benefit amount?
Who gets charged for WorkShare benefits?
How do I contact the WorkShare Unit?

 

What is a WorkShare Plan?
A WorkShare plan is a plan submitted by an employer to reduce the hours of a group of employees by 10% to 50% in lieu of temporary layoffs of some of the employees.

Who may apply for WorkShare?
All New Hampshire employers whose taxes are currently up to date and who are in good standing with NH Department of Labor are eligible to apply for WorkShare. Interested employers may apply for the Program by visiting the WorkShare web site, by using the NHUIS system "Existing Log-In" or "Register to Maintain your Account Online."

What are the advantages to the employer?

• Avoid layoff
• Retain trained employees
• Maintain moral and productivity
• Respond quickly if business increases

What are the advantages to the employees?

• No layoff
• Keep health insurance
• Collect wages for hours worked plus UI benefits for reduced hours

Who does the plan cover?
The plan can cover the employer's total workforce, a particular shift, or a specific unit. The plan only applies to employees who normally work full time or on a permanent part-time basis.

When does the plan begin?
The plan must meet the requirements of NH law and must be approved in writing by the Commissioner of NH Employment Security before the plan can take affect. The earliest it can take affect is 21 calendar days from receipt of plan.

How will my company be notified?
The Commissioner of NH Employment Security approves or rejects a plan in writing. The Commissioner has 15 business days from date of receipt of plan to accept or reject a plan.

Why would my company be rejected from using WorkShare?
The Commissioner of NH Employment Security may reject a WorkShare Plan or revoke an approved plan for good cause.

What is "good cause"?
Good cause includes, but is not limited to, failure to comply with the assurances given in the plan, unreasonable revision of the productivity standards for the affected unit, conduct or occurrences tending to defeat the intent and effective operation of the plan and violation of any criteria on which approval of the plan is based.

Can the employer appeal the Commissioner's decision?
No. The reasons for rejection and revocation are final and are not appealable. However, the employer may submit another plan for consideration and that determination would be made based upon the new data submitted by the interested employer.

Is there a limit to the size of the employer's workforce?
There is no limit as to the size of the employer; however, the affected unit must have at least two employees in order to participate.

What are the criteria that need to be met for the plan to be approved for WorkShare?

• The plan must identify the affected unit or units and specify the proposed starting date of the plan.
• The employees in the affected unit or units must be identified by name, social security number, the usual weekly hours of work, proposed wage and hour reduction and any other information that the Commissioner requires.
• The usual weekly hours of work for employees in the affected unit or units are reduced by not less than 10% and not more than 50% and the reduction in hours in each affected unit is spread equally among all the employees in the affected unit.
• The plan must certify that the reduction in the normal weekly hours is instead of layoffs and must state the reason for and duration of the work reduction.
• The employer agrees to furnish reports relating to the proper conduct of the plan and agrees to allow the Commissioner or his/her authorized representative access to all records necessary to verify and evaluate the plan.
• The plan can not exceed 26 weeks.

Can an employer apply for WorkShare if the employees are represented by a collective bargaining agent or union?
Yes. In the case of employees represented by a collective bargaining agent or union, the plan must be approved in writing by the collective bargaining agents or unions who cover the affected employees.

When do I need to notify my employees about WorkShare if there is no collective bargaining agent or union?
In the absence of a collective bargaining agent or union, the plan must contain a certification by the employer that he has made the proposed plan or a summary of the plan available to each employee affected by the program.

Can I apply for WorkShare if I am a seasonal employer?
No. The plan will not serve as a subsidy of seasonal employment during the off season, or as a subsidy for intermittent employment.

Who is eligible to participate in a WorkShare Plan?
Employees who are employed full-time or on a permanent part-time basis, and are otherwise eligible for unemployment benefits.

Must the employee serve a Waiting Period?
An employee must serve a waiting week before receiving WorkShare benefits unless a waiting period has already been served on an existing claim.

What other conditions apply to employees collecting WorkShare Benefits?

• The individuals must be able and available for the normal work week with the WorkShare employer.
• The employee must work all the hours offered by the WorkShare employer in any given week up to the employee's usual weekly hours.
• If in any week an individual performs services for a WorkSharing employer and an employer other than the WorkSharing employer, the weekly WorkSharing benefit amount shall be reduced by the amount by which the remuneration received from the non-WorkSharing employer exceeds 30 percent of the maximum benefit rate in effect (or $128).

What is an individual's weekly WorkShare benefit amount?
An individual's weekly WorkShare benefit amount will be the person's regular weekly Unemployment Compensation benefit amount multiplied by the percentage reduction in the individual's weekly hours of work. For example, if a worker is part of a WorkShare plan with reduced hours of 20% and is eligible for a weekly UI benefit amount of $300, their WorkShare benefit amount would be $60 ($300 * 20%).

Who gets charged for WorkShare benefits?
All WorkShare benefits are charged to the account of the WorkShare employer. Employers liable for payments in lieu of contributions (reimbursable employers) will be charged and billed for the full amount of WorkShare benefits paid to their employees.

How do I contact the WorkShare Unit?
NH Employment Security
WorkShare BAU
518 White Mountain Highway
Conway, New Hampshire 03818-4205
Telephone: (603) 528-9360
Fax: (603) 447-5985
WorkShare@nhes.nh.gov