West Virginia Code § 21A-6B-5

Eligibility for short-time compensation
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(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 uavailability for work and
actively seeking work, the employee is available for the employee's 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 laws, an employee covered by a work sharing plan
is deemed unemployed in any week during the duration of that plan if the employee's
remuneration as an employee in an affecteid unit is reduced based on a reduction of the
employee's usual weekly hours of wgork 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.

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