A mass layoff of more than 6 months which, at its outset, was announced to be a mass layoff of 6 months or less shall be treated as an employment loss under this chapter unless the following:

1. (1) The extension beyond 6 months is caused by business circumstances (including unforeseeable changes in price or cost) not reasonably foreseeable at the time of the initial mass layoff.
2. (2) Notice is given at the time it becomes reasonably foreseeable that the extension beyond 6 months will be required.

81 Del. Laws, c. 312, § 1