§ 28-44-68 - Benefit payments for services with nonprofit organizations and educational institutions and governmental entities.
SECTION 28-44-68
§ 28-44-68 Benefit payments for serviceswith nonprofit organizations and educational institutions and governmentalentities. – Benefits based on service in employment for nonprofit organizations andeducational institutions and governmental entities covered by chapters 42– 44 of this title shall be payable in the same amounts on the same termsand subject to the same conditions as benefits payable on the basis of otherservices subject to chapters 42 – 44 of this title, except that:
(1) With respect to services performed after December 31,1977, in an instructional, research, or principal administrative capacity foran educational institution (including elementary and secondary schools andinstitutions of higher education) benefits shall not be paid based on thoseservices for any week of unemployment commencing during the period between two(2) successive academic years or during a similar period between two (2)regular but not successive terms, or during a period of paid sabbatical leaveprovided for in the individual's contract, to any individual if that individualperforms those services in the first of such academic years (or terms) and ifthere is a contract or a reasonable assurance that such individual will performservices in any such capacity for any educational institution in the second ofthose academic years or terms. Section 28-44-63 shall apply with respect tothose services prior to January 1, 1978.
(2) With respect to services in any other capacity for aneducational institution, including elementary and secondary schools andinstitutions of higher education, compensation payable for weeks ofunemployment beginning on or after April 1, 1984, on the basis of the servicesshall be denied to any individual for any week which commences during a periodbetween two (2) successive academic years or terms if that individual performsthose services in the first of those academic years or terms and there is areasonable assurance that the individual will perform those services in thesecond of those academic years or terms, except that if compensation is deniedto any individual for any week under this subdivision and the individual wasnot offered an opportunity to perform the services for the educationalinstitution for the second of the academic years or terms, the individual shallbe entitled to a retroactive payment of the compensation for each week forwhich the individual filed a timely claim for compensation and for whichcompensation was denied solely by reason of this subdivision.
(3) With respect to any services described in subdivisions(1) and (2) of this section, compensation payable for weeks of unemploymentbeginning on or after April 1, 1984, on the basis of those services shall bedenied to any individual for any week which commences during an established andcustomary vacation period or holiday recess if that individual performs thoseservices in the period immediately before that vacation period or holidayrecess, and there is a reasonable assurance that the individual will performthose services in the period immediately following that vacation period orholiday recess.
(4) With respect to any services described in subdivisions(1) and (2) of this section, compensation payable for weeks of unemploymentbeginning on or after April 1, 1984, on the basis of services in that capacityshall be denied as specified in subdivisions (2) or (3) of this section to anyindividual who performed those services in an educational institution while inthe employ of an educational service agency, and for this purpose the term"educational service agency" means a governmental agency or governmental entitywhich is established and operated exclusively for the purpose of providingthose services to one or more educational institutions.
(a) "Reasonable assurance" means a written agreement by theemployer that the employee will perform services in the same or similarcapacity during the ensuing academic year, term or remainder of a term.Further, reasonable assurance would not exist if the economic terms andconditions of the position offered in the ensuing academic period aresubstantially less than the terms and conditions of the position in the firstperiod.