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2005 California Unemployment Insurance Code Sections 12100-12102 CHAPTER 1. GENERAL PROVISIONS
UNEMPLOYMENT INSURANCE CODESECTION 12100-12102
12100. The Legislature finds and declares that the persistence of high levels of unemployment, even during periods of substantial economic growth, is a matter of serious concern to the people of California, and requires a continuing search for solutions. The Legislature further finds that measures undertaken at all levels of government to stimulate employment and to abate unemployment are by and large appropriate and useful, but that the aggregate impact of such measures over the years has fallen short of achieving and maintaining full employment. The Legislature therefore finds it proper and prudent to augment existing efforts by encouraging the development of new measures intended to increase employment opportunities. It is the intent of this legislation to promote experimentation with means of creating employment opportunities through voluntary redistribution of hours of work, permitting more time away from work for those who desire additional leisure while providing employment for those who have no work. It is explicitly not the intent of this legislation to impose any constraints upon participating employers to modify any of their policies governing the operation of their business. 12100.5. Nothing in this division shall be construed to supersede or impair any contrary provisions contained in an existing collective bargaining agreement. 12101. The Employment Development Department shall administer the provisions of this division subject to the provisions of Section 12112. The department shall develop administrative procedures and guidelines necessary to carry out the intent of this division, including, but not limited to, means to monitor and measure program effectiveness. 12102. Definitions: (a) "Leisure sharing" means a job-creation concept in which some full-time workers voluntarily reduce worktime under such circumstances that additional employment opportunities result from the employer's desire to maintain a given level of production. The term leisure sharing is to be distinguished from work sharing or shared work as such terms are used in Sections 978.5 and 1279.5. In the context of this code, leisure sharing refers to the creation of employment opportunities through voluntary reduced worktime conjoined with a maintenance of production, whereas work sharing or shared work refer to the preservation of existing employment opportunities to the extent possible through worktime reductions in the face of diminished production requirements. (b) "Reduced worktime" means a period of worktime less than that established by law or usage in a given work setting to be the standard for full-time. (c) "Reduced workday" means fewer than the standard number of hours for a full-time workday. (d) "Reduced workweek" means fewer than the standard number of days for a full-time workweek. (e) "Reduced workyear" means additional days or weeks off work beyond those normally granted to a full-time worker. (f) "Extended leave" or "sabbatical leave" means a very long continuous leave of absence from work of up to one year, with return rights, when granted, coming usually after a number of years of continuous service with the same employer. (g) "Job sharing," "job pairing," or "twinning" means a form of job structuring in which two or more persons jointly fulfill the responsibilities of one full-time position with some degree of cooperation between them.
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