Section 172-27-1 - DefinitionsA. "Affected unit" means a specified plant, department, shift or other definable unit consisting of 2 or more eligible employees to which a WorkShare plan applies. Employees in the same classification, job title, functional unit, and/or skillset should be in the same unit.B. "Commissioner" means the Commissioner of the Department of Labor or the commissioner's designee.C. "Eligible employee" means an individual who usually works for the eligible employer submitting a WorkShare plan.D. "Eligible employer" means a public or private employer who submits a WorkShare plan that is approved by the Commissioner pursuant to the requirements set forth in this rule.E. "End date" shall coincide with the end of the last full benefit week within the 12th full calendar month after the effective date of the plan, or on the date specified in the plan if that date is earlier, unless the plan is previously revoked by the commissioner.F. "Fringe benefits" includes, but is not limited to, health insurance, retirement benefits, paid vacation and holidays, sick leave and similar advantages that are incidents of employment.G. "Good cause" includes, but is not limited to, failure to comply with assurances given in the WorkShare plan, unreasonable revision of productivity standards for the affected unit, conduct or occurrences tending to defeat the intent and effective operation of the plan and violation of any criteria on which approval of the plan was based.H. "Intermittent employment" means employment that is not continuous but may consist of intervals of weekly work and intervals of no weekly work or annually reoccurring reductions of work at a year- round business that has not been determined seasonal.I. "Seasonal employment" means employment in seasonal industries within the determined seasonal period as set forth in 26 M.R.S. §1198.J. "Substantial change." For the purpose of Subsection 6 of the Law, a change or modification is "substantial" if that modification further reduces the approved plan reduction of work hours more than 10% for more than two weeks or changes the employees named in the approved WorkShare plan. A modification involving substantial change must be reviewed and approved by the department before implementation. No plan modification approval is required for a change that returns the participating employees to full time employment.K. "Usual weekly hours of work" means the usual hours of work for full-time or part-time employees in the affected unit when that unit is operating on its regular basis, not to exceed forty hours and not including hours of overtime work.12-172 C.M.R. ch. 27, § 1