PART I 
GENERAL PROVISIONS	

1.3 DEFINITIONS
As used in these regulations, the following words shall have the following meanings:
.23  WORK SHARE PLAN.  THE TERM “WORK SHARE PLAN” SHALL MEAN A PLAN FOR REDUCING UNEMPLOYMENT UNDER WHICH EMPLOYEES WHO ARE MEMBERS OF AN AFFECTED UNIT SHARE THE WORK REMAINING AFTER A REDUCTION IN THEIR NORMAL WEEKLY WORK HOURS RATHER THAN TEMPORARY LAYOFFS.
.24  AFFECTED UNIT.  THE TERM “AFFECTED UNIT” SHALL MEAN A SPECIFIED PLANT, DEPARTMENT, SHIFT, OR OTHER DEFINABLE UNIT TO WHICH A WORK SHARE PLAN APPLIES.

.25  NEGATIVE EXCESS EMPLOYER.  THE TERM “NEGATIVE EXCESS EMPLOYER” SHALL MEAN AN EMPLOYER WHO HAS MORE IN UNEMPLOYMENT BENEFITS CHARGED TO HIS OR HER ACCOUNT AS COMPARED TO UNEMPLOYMENT PREMIUMS PAID AND CREDITED TO HIS OR HER ACCOUNT.

.26  FRINGE BENEFITS.  THE TERM “FRINGE BENEFITS” SHALL MEAN HEALTH INSURANCE, RETIREMENT BENEFITS RECEIVED UNDER A PENSION PLAN, PAID VACATION DAYS, PAID HOLIDAYS, PAID SICK LEAVE, AND ANY OTHER SIMILAR EMPLOYEE BENEFIT THAT IS PROVIDED BY AN EMPLOYER. 

.27  NORMAL WEEKLY HOURS.  THE TERM “NORMAL WEEKLY HOURS” SHALL Mean the NUMBER OF HOURS IN A WEEK THAT AN EMPLOYEE ORDINARILY WORKS FOR A PARTICIPATING EMPLOYER OR FORTY HOURS, WHICHEVER IS LESS.
 
.28 Work Share Benefits.  THE TERM “WORK SHARE BENEFITS” SHALL mean the unemployment benefits payable to employees in an affected unit under an approved Work Share plan as distinguished from the unemployment benefits otherwise payable under the conventional unemployment compensation provisions of the colorado employment security act.

.29  PARTICIPATING EMPLOYER.  THE TERM "PARTICIPATING EMPLOYER" SHALL MEAN AN EMPLOYER WHO HAS A WORK SHARE PLAN IN EFFECT.

.30  pARTICIPATING EMPLOYEE.  THE TERM "PARTICIPATING EMPLOYEE" SHALL MEAN AN EMPLOYEE WHO WORKS A REDUCED NUMBER OF HOURS UNDER A WORK SHARE PLAN.

PART XVIII
SPECIAL PROGRAMS	

18.1  WORK SHARE

18.1.1	STATUTORY REFERENCES.  8-75-201 THROUGH 8-75-209, C.R.S.

18.1.2	Work Share Program.  The Director shall establish a voluntary work share program designed to reduce unemployment and stabilize the workforce by allowing employees WHOSE wages and hours have been reduced to collect unemployment compensation benefits. 

18.1.3	WORK SHARE PLAN APPLICATION.  AN EMPLOYER SEEKING TO PARTICIPATE IN THE WORK SHARE PROGRAM SHALL SUBMIT A SIGNED WRITTEN WORK SHARE PLAN ON FORMS PRESCRIBED BY THE DIVISION TO THE DIRECTOR OR HIS OR HER DESIGNEE FOR APPROVAL.  AS A CONDITION OF APPROVAL, A PARTICIPATING EMPLOYER SHALL AGREE TO FURNISH THE DIRECTOR WITH SUCH REPORTS RELATING TO THE OPERATION OF THE WORK SHARE PLAN AS THE DIRECTOR MAY REQUEST. THE PARTICIPATING EMPLOYER SHALL MONITOR AND EVALUATE THE OPERATION OF THE ESTABLISHED WORK SHARE PLAN. 

18.1.4  CRITERIA FOR WORK SHARE PLAN.  tHE DIRECTOR SHALL DENY A WORK SHARE PLAN IF THE EMPLOYER IS A NEGATIVE-EXCESS EMPLOYER, OR IF THE EMPLOYER HAS SEASONAL STATUS WITH THE DIVISION and any portion of the work share period is during the employer’s OFF-SEASON.

A WORK SHARE PLAN WILL BE APPROVED IF THE FOLLOWING CONDITIONS ARE MET: 

	.1  THE WORK SHARE PLAN APPLIES TO AND IDENTIFIES A SPECIFIC AFFECTED UNIT.
	.2 THOSE EMPLOYEES WITHIN THE AFFECTED UNIT WHO HAVE BEEN DESIGNATED AS WORK SHARE PLAN PARTICIPANTS ARE IDENTIFIED BY NAME AND SOCIAL SECURITY NUMBER.
	.3  THE PLAN APPLIES TO AT LEAST 10 PERCENT OF THE EMPLOYEES IN THE AFFECTED UNIT.
	.4  THE WORK SHARE PLAN REDUCES THE NORMAL WEEKLY HOURS OF WORK FOR THE PARTICIPATING EMPLOYEES IN THE AFFECTED UNIT BY AT LEAST TEN PERCENT AND NOT MORE THAN FORTY PERCENT.  EACH PARTICIPATING EMPLOYEE IN THE AFFECTED UNIT MUST HAVE THE SAME PERCENTAGE OF REDUCED HOURS.
	.5   IF ANY OF THE PARTICIPATING EMPLOYEES UNDER A WORK SHARE PLAN ARE COVERED BY A COLLECTIVE BARGAINING AGREEMENT, THE WORK SHARE PLAN MUST BE APPROVED IN WRITING BY THE PARTICIPATING EMPLOYEES’ COLLECTIVE BARGAINING REPRESENTATIVE.

.6  THE PARTICIPATING EMPLOYER CERTIFIES THAT THE IMPLEMENTATION OF A WORK SHARE PLAN AND THE RESULTING REDUCTION IN WORK HOURS ARE IN LIEU OF TEMPORARY LAYOFFS THAT WOULD AFFECT AT LEAST TEN PERCENT OF ALL EMPLOYEES IN THE AFFECTED UNIT AND WOULD OTHERWISE RESULT IN AN EQUIVALENT REDUCTION IN WORK HOURS.
.7 THE PARTICIPATING EMPLOYER CERTIFIES THAT NO EMPLOYEE PARTICIPATING IN THE WORK SHARE PLAN WILL RECEIVE IN THE AGGREGATE, MORE THAN 18 WEEKS OF WORK SHARE BENEFITS.
.8  IF THE PARTICIPATING EMPLOYER NORMALY PROVIDES FRINGE BENEFITS, THEN THE EMPLOYER MUST CERTIFY THAT FRINGE BENEFITS WILL CONTINUE TO BE PROVIDED TO EMPLOYEES IN AFFECTED UNITS AS THOUGH THEIR NORMAL WEEKLY HOURS OF WORK HAD NOT BEEN REDUCED.
.9  THE PARTICIPATING EMPLOYER CERTIFIES THAT THE EMPLOYER WILL NOT EMPLOY ADDITIONAL EMPLOYEES IN THE AFFECTED UNIT WHILE PARTICIPATING IN THE WORK SHARE PROGRAM.
	.10 THE WORK SHARE PLAN INCLUDES A STRATEGY, DEEMED TO BE A REASONABLE STRATEGY BY THE DIRECTOR THAT RESTORES THE TOTAL NUMBER OF WORK HOURS TO EACH PARTICIPATING EMPLOYEE TO THE AMOUNT OF HOURS WORKED PRIOR TO PARTICIPATION IN THE PROGRAM.

18.1.6  WORK SHARE PLAN APPROVAL OR DENIAL.  THE DIRECTOR SHALL APPROVE OR DENY THE WORK SHARE PLAN IN WRITING NO LATER THAN THIRTY DAYS AFTER THE DATE THE DIVISION RECEIVES THE PLAN.   IF THE DIRECTOR DENIES THE WORK SHARE PLAN, THE EMPLOYER WILL BE NOTIFIED IN WRITING OF THE REASONS FOR THE DENIAL.  THE REASONS FOR THE DENIAL SHALL BE FINAL AND NOT SUBJECT TO APPEAL.  IF DENIED, THE EMPLOYER MAY SUBMIT an amended plan for approval not earlier than seven days after the date of DENIAL.

18.1.7  work share plan modification.  AN EMPLOYER MAY MODIFY A WORK SHARE PLAN TO MEET CHANGED CONDITIONS IF THE MODICATION CONFORMS TO THE BASIC PROVISIONS OF THE PLAN AS originally APPROVED BY THE DIRECTOR.  the director shall approve or deny such modifications without changing the expiration date of the original plan.  AN EMPLOYER CAN SUBMIT A PLAN MODIFICATION FOR A MAXIMUM OF ONE NEW MODIFICATION EVERY 30 DAYS OR NO EARLIER THAN 30 DAYS AFTER THE SUBMISSION OF A PLAN OR PLAN MODIFICATION.
.1 THE EFFECTIVE DATE OF ANY MODIFICATION TO THE ORIGINAL WORK SHARE PLAN WILL BE THE WEEK THE MODIFICATION APPROVAL IS GRANTED.
18.1.8  WORK SHARE PLAN REVOCATION.  The diRECTOR may revoke approval of a WORK SHARE plan for good cause.  The revocation order shall be in writing and shall specify the date the revocation is effective and the reasons.  Good cause shall include, but not be limited to, violation of any criteria upon which approval of the plan was based, unreasonable revision of productivity standards for the affected unit, or other conduct by the employer that may compromise the purpose, intent, and effective operation of the plan.

18.1.9 APPEAL FROM REVOCATION.  ANY EMPLOYER WHO WISHES TO APPEAL A REVOCATION MADE UNDER THE PROVISIONS OF PART 18 OF THE REGULATIONS SHALL FILE A NOTICE OF APPEAL WITH THE DIVISION.  NO APPEAL SHALL BE HEARD UNLESS THE NOTICE OF APPEAL HAS BEEN RECEIVED BY THE DIVISION WITHIN TWENTY CALENDAR DAYS AFTER THE DATE THE NOTICE OF SUCH DETERMINATION IS MAILED OR TRASMITTED BY THE DIVISION TO THE EMPLOYER.  A HEARING MAY BE OBTAINED IN ACCORDANCE WITH 8-76-113, C.R.S., AND REGULATION 11.2.

18.1.10  EMPLOYEE ELIGIBILITY UNDER THE WORK SHARE PLAN 
An individual is eligible to receive work share benefits with respect to any week in which the Director finds that:
.1  The individual is a participating employee in an affected unit subject to a work share plan that was approved before the week in question and is in effect for that week.
.2  The individual is able to work and is available for additional hours of work or full-time work with the participating employer.

.3  The individual’s normal weekly hours of work have been reduced by at least ten percent but not more than forty percent, with a corresponding reduction in wages.
4  An individual who is eligible for work share benefits shall be exempt from the work search requirements REFERENCED in 8-73-107 (G)(i) c.r.S.  In addition, an individual eligible for work share benefits shall not be subject to the provisions of 8-73-103 pertaining to partial unemployment benefits.  oNLY WAGES FROM THE WORK SHARE EMPLOYER SHALL BE USED IN THE CALCULATIONS OF THE WORK SHARE BENEFIT.  Any additional earnings are not subject to the provisions of 8-73-102 (4) c.r.s.
.5  The director shall not pay work share benefits to an individual for any week in which the individual performs work for the participating employer in excess of the reduced hours established under the work share plan, unless there is a corresponding modification to the plan.
.	.6  No individual shall receive work share benefits and regular unemployment compensation benefits in an amount that exceeds the maximum total benefits payable to the claimant in a benefit year in accordance with 8-73-104 c.r.s.
.7  An individual who has received all of the work share benefits and regular unemployment compensation benefits available to him OR HER in a benefit year is an exhaustee for purposes of 8-75-101 Of the c.R.S. and is entitled to receive extended benefits under such sections, provided the claimant is otherwise eligible for such benefits.

.8  If an individual who is eligible to receive Work SHARE benefits has a prior overpayment, which is still outstanding, the DIRECTOR shall offset such overpayment from work SHARE benefits in accordance with 8-81-101 C.R.S.
.9  If an individual who is eligible to receive work SHARE benefits has been identified as having outstanding child support obligations, the DIRECTOR shall reduce the work SHARE benefits in accordance with 8-73-102 C.R.S.
.10  THE WAITING PERIOD OF ONE WEEK IN SECTION 8-73-107 (1) (D) THAT APPLIES TO THE PAYMENT OF BENEFITS FOR TOTAL OR PARTIAL UNEMPLOYMENT SHALL APPLY TO THE PAYMENT OF BENEFITS PURSUANT TO A WORK SHARE PLAN.

18.1.11  WORK SHARE PROGRAM ADMINISTRATION.  THE ADMINISTRATION OF THE WORK SHARE PROGRAM SHALL BE AS FOLLOWS:

.1  A WORK SHARE PLAN SHall be effective on the date it is approved by the DIRECTOR OR THE FIRST WEEK SPECIFIED BY THE EMPLOYER, WHICHEVER IS LATER.
.2  a WORK SHARE PLAN SHALL EXPIRE TWELVE MONTHS OR LESS AFTER THE EFFECTIVE DATE OF THE PLAN, BUT IN NO CASE SHALL EXTEND BEYOND JULY 1, 2013.
.3  aN employer’s chargeability under a work share plan is subject to the provisions of 8-73-108 (3)(e)(i) C.R.s.
.4  AN INDIVIDUAL WHO DOES NOT WORK DURING A WEEK FOR THE WORK SHARE EMPLOYER AND WHO IS OTHERWISE ELIGIBLE FOR BENEFITS SHALL BE PAID REGULAR UNEMPLOYMENT BENEFITS AND THE WEEK SHALL NOT BE COUNTED AS A WEEK FOR WHICH WORK SHARE BENEFITS WERE RECEIVED.