09.32.02.06

.06 Claims during Temporary Mass Layoff.

A. Definition. "Mass layoff" means the layoff from work of 25 or more workers in a single establishment for an expected duration of 7 days or more, at the same time, and for the same reason.

B. Advance Knowledge. When the employer has advance knowledge of an expected mass layoff, the employer shall file with the Secretary a notice of the layoff 48 hours before the beginning of the layoff. This notice shall substitute for individual separation notices. The notice shall state:

(1) The date of the layoff;

(2) The reason for the layoff;

(3) The names and Social Security numbers of the employees affected, in Social Security number or alphabetical sequence;

(4) The amount and form of any pension pay to which an employee may be entitled, and whether the employee contributed to the pension;

(5) The amount of any vacation pay, holiday pay, severance pay, or special pay paid or payable by the employer;

(6) Any wage continuation as defined in Regulation .13 of this chapter; and

(7) Each employee's last weekly or hourly pay rate.

C. No Advance Knowledge. When the employer has no advance knowledge of a mass layoff:

(1) Immediately upon the beginning of the layoff, the employer shall notify the Secretary of the layoff, the date of the layoff, and the reason for the layoff; and

(2) Within 48 hours after the beginning of the layoff, the employer shall file with the Secretary the information set forth in §B(3)-----(7) of this regulation.

D. Modified Reporting. When the employer informs the Secretary in writing before the beginning of the mass layoff, the Secretary may adopt a plan modifying reporting requirements for these employees. Under the plan, the Department may distribute applications to the affected employees at offices located in close proximity to the employer or any other location. The Department may take claims directly from the employer on behalf of the employees. These applications, upon completion and return in accordance with the plan, shall constitute the employees' registrations for work and claims for benefits.