{"data":{"id":"us-ky/krs-341.4161","jurisdiction":"us-ky","citation":"KRS 341.4161","heading":"Shared work compensation plan -- Plan requirements -- Application.","body":"(1) An employer wishing to participate in a shared work program shall submit a signed,\nwritten shared work compensation plan to the secretary for approval.\n(2) The secretary shall approve a shared work unemployment compensation plan if:\n(a) The plan:\n1. Applies to and identifies the specified affected group; and\n2. Includes an estimate of the number of layoffs that might occur absent\nparticipation in the shared work program;\n(b) The employees in the affected group or groups are identified by name, Social\nSecurity number, and by any other information required by the secretary;\n(c) The normal weekly hours of work for employees in the affected group or\ngroups are reduced by not less than ten percent (10%) and not more than forty\npercent (40%);\n(d) Health benefits, retirement benefits, and other fringe benefits will continue to\nbe provided to employees in the affected group or groups as though their work\nweeks had not been reduced. However, if the employer reduces the level of\nbenefits for its employees who are not in the shared work group, the level of\nbenefits may be reduced by a like amount for the employer's shared work\nemployees;\n(e) The plan certifies that the aggregate reduction in work hours is in lieu of all\nlayoffs that would have affected at least ten percent (10%) of the employees\nin the affected group or groups to which the plan applies and that would have\nresulted in an equivalent reduction in work hours;\n(f) During the previous four (4) months, the workforce in the affected group has\nnot been reduced by temporary layoffs of more than ten percent (10%) of the\nworkers;\n(g) 1. The plan applies to at least ten percent (10%) of the  employees in the\naffected group;\n2. If the plan applies to all employees in the affected group, the plan\nprovides equal treatment to all employees of the group; and\n3. If the affected group is divided into subgroups, the plan provides equal\ntreatment to employees within each subgroup;\n(h) 1. The plan contains a certification by the employer that the employer has\nmade the proposed plan available for inspection to each employee in the\naffected group; and\n2. The plan includes:\na. A description of how the plan was made available; and\nb. If advance notice of the plan was not feasible, an explanation of\nwhy advance notice was not feasible;\n(i) The plan includes a certified statement by the employer that the terms and\nimplementation of the shared work plan are con sistent with any obligations\nthe employer has under applicable state and federal law;\n(j) An employee who joins an affected group after the approval of the shared\nwork plan is automatically covered under the previously approved plan,\neffective the week tha t the secretary receives written notice from the shared\nwork employer that the employee has joined;\n(k) The plan shall not serve as a subsidy to seasonal employers during the off\nseason nor as a subsidy to employers who traditionally use part -time\nemployees; and\n(l) The employer agrees to:\n1. Furnish reports, if requested by the secretary, relating to the proper\nconduct of the plan;\n2. Provide the secretary or his or her authorized representatives all records\nnecessary to evaluate the plan for approval; and\n3. Allow the secretary or his or her authorized representatives to evaluate\napplication of the plan after approval.\n(3) The secretary shall create an application through which employers shall submit\nshared work plans for approval.","path":["KRS Chapter 341"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=53249","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:29Z","sha256":"f8bcb4af992f538336b7d8bf66ed09d31e32477450212f6f675a63d9ee35d2e9","source_id":"us-ky","stale":false,"prev":"us-ky/krs-341.416","next":"us-ky/krs-341.4163"},"notice":"GroundRules: Original legal text. Not legal advice."}