Code of the District of Columbia

§ 51–174. Approval and disapproval of a shared work plan.

(a)(1) The Director shall approve or disapprove an application for a shared work plan in writing within 15 calendar days of its receipt and promptly issue a notice of approval or disapproval to the employer.

(2) A decision disapproving the shared work plan shall clearly identify the reasons for the disapproval.

(3) A decision to disapprove a shared work plan shall be final, but the employer may submit another application for a shared work plan not earlier than 10 calendar days from the date of the disapproval.

(b) Except as provided in subsections (c) and (d) of this section, the Director shall approve a shared work plan if the employer:

(1) Complies with the requirements of § 51-173; and

(2) Has filed all reports required to be filed under the employment security law for all past and current periods and:

(A) Has paid all contributions and benefit cost payments; or

(B) If the employer is a reimbursing employer, has made all payments in lieu of contributions due for all past and current periods.

(c) Except as provided in subsection (d) of this section, the Director may not approve a shared work plan:

(1) To provide payments to an employee if the employee is employed by the participating employer on a seasonal, temporary, or intermittent basis;

(2) If the employer's unemployment insurance account has a negative unemployment experience rating;

(3) If the employer's unemployment insurance account is taxed at the maximum tax rate in effect for the calendar year;

(4) For employers who have not qualified to have a tax rate assigned based on actual experience; or

(5) For employees who are receiving or who will receive supplemental unemployment benefits, as that term is defined in section 501(c)(17)(D) of the Internal Revenue Code of 1986, approved August 16, 2954 (68A Stat. 163; 26 U.S.C. § 501(c)(17)(D)), during any period a shared work plan is in effect.

(d) During the effective period of a shared work plan entered into during a public health emergency, subsection (c) of this section shall not apply. During a public health emergency, the Director may not approve a shared work plan:

(1) To provide payments to an employee if the employee is employed by the participating employer on a seasonal, temporary, or intermittent basis;

(2) For employees who are receiving or who will receive supplemental unemployment benefits, as that term is defined in section 501(c)(17)(D) of the Internal Revenue Code of 1986, approved August 16, 1954 (68A Stat. 163; 26 U.S.C. § 501(c)(17)(D)), during any period a shared work plan is in effect; or

(3) For employers that have reported quarterly earnings to the Director for fewer than 3 quarters at the time of the application for the shared work unemployment compensation program.

(e) For the purposes of this section, the term "public health emergency" means the public health emergency declared in the Mayor's order dated March 11, 2020, and any extensions thereof.


(Oct. 15, 2010, D.C. Law 18-238, § 5, 57 DCR 7181; June 8, 2020, D.C. Act 23-328, § 103(c), 67 DCR 7598.)

Section References

This section is referenced in § 51-176.