(a) An employee is eligible to receive short-time compensation under a work sharing plan with respect to any week only if the employee is monetarily eligible for unemployment benefits, not otherwise disqualified for unemployment benefits, and:
(1) During the week, the employee is employed as a member of an affected unit under an approved work sharing plan that was approved prior to that week, and the plan is in effect with respect to the week for which short-time compensation is claimed; and
(2) Notwithstanding any other provisions of this title relating to availability for work and actively seeking work, the employee is available for the employees usual hours of work with the short-time compensation employer, which may include, for purposes of this section, participating in training, including employer-sponsored training or training funded under the federal Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, 128 Stat. 1425 (2014) to enhance job skills that is approved by the commissioner.
(b) Notwithstanding any other provision of law, an employee covered by a work sharing plan is deemed unemployed in any week during the duration of that plan if the employees remuneration as an employee in an affected unit is reduced based on a reduction of the employees usual weekly hours of work under an approved work sharing plan.
(c) The short-term compensation program shall not serve as a subsidy of seasonal employment during the off-season, nor as a subsidy of temporary part-time or intermittent employment.
Structure West Virginia Code
Chapter 21A. Unemployment Compensation
Article 6B. Short Time Compensation Program
§21A-6B-2. Application to Participate in Short-Time Compensation Program
§21A-6B-3. Approval and Disapproval of Plan
§21A-6B-4. Effective Date of Plan, Revocation of Plan, and Modification of Plan