AB 615, as introduced, Bocanegra. Unemployment insurance: classified employees.
Existing law provides for the payment of unemployment compensation benefits and extended duration benefits to eligible persons who meet specified requirements. Existing law prohibits the payment of unemployment benefits to education employees of a public entity, as defined, including teachers, researchers, and administrators for the period between 2 academic years when there is a reasonable assurance that the employee will perform his or her regular services in the subsequent academic year, except as specified. Existing law similarly prohibits the payment of unemployment benefits to specified education employees of a public entity, other than teachers, researchers, or administrators between 2 academic years, except as specified, but provides a procedure for this 2nd category of educational employees, under certain conditions, to seek payment of retroactive unemployment benefits for the period between 2 academic years.
This bill would delete the prohibition on the payment of unemployment benefits to education employees, other than teachers, researchers, and administrators, as specified, between 2 academic years and would make conforming changes.
Because this bill would expand the categories of people who could receive benefits from the Unemployment Insurance Fund, a continuously-appropriated fund, it would make an appropriation.
Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1253.3 of the Unemployment Insurance
2Code is amended to read:
(a) Notwithstanding any other provision of this
4division, unemployment compensation benefits, extended duration
5benefits, and federal-state extended benefits are payable on the
6basis of service to which Section 3309(a)(1) of the Internal
7Revenue Code of 1954 applies, in the same amount, on the same
8terms, and subject to the same conditions as benefits payable on
9the basis of other service subject to this division, except as provided
10by this section.
11(b) Benefits specified by subdivision (a) based on service
12performed in the employ of a nonprofit organization, or of any
13entity as defined by Section 605, with respect to service in an
14instructional, research, or principal administrative capacity for an
15educational institution
are not payable to any individual with
16respect to any week which begins during the period between two
17successive academic years or terms or, when an agreement provides
18instead for a similar period between two regular but not successive
19terms, during that period, or during a period of paid sabbatical
20leave provided for in the individual’s contract, if the individual
21performs services in the first of the academic years or terms and
22if there is a contract or a reasonable assurance that the individual
23will perform services for any educational institution in the second
24of the academic years or terms.
25(c) Benefits specified by subdivision (a) based on service
26performed in the employ of a nonprofit organization, or of any
27entity as defined by Section 605, with respect to service in any
28other capacity than specified in subdivision (b) for an educational
29institution shall not be payable to any individual with respect to
30any week which commences during a period between two
31successive academic years or terms if the individual performs the
32service in the first of the academic years or terms and there is a
P3 1reasonable assurance that the individual will perform the service
2in the second of the academic years or terms. However, if the
3individual was not offered an opportunity to perform the services
4for an educational institution for the second of the academic years
5or terms, the individual shall be entitled to a retroactive payment
6of benefits for each week for which the individual filed a timely
7claim for benefits and for which benefits were denied solely by
8reason of this subdivision. Retroactive benefits shall be claimed
9in accordance with the department’s procedures which shall specify
10that except where the individual was entitled to benefits based on
11services performed for other than an educational institution, an
12individual who has a reasonable assurance of reemployment may
13satisfy the search for work requirement of subdivision (e) of
14Section 1253, by registering for work pursuant to subdivision (b)
15of Section 1253 during the period between the first and second
16academic terms or years. A claim for retroactive benefits may be
17made no later than 30 days following the commencement of the
18second academic year or term.
19(d)
end delete
20begin insert(c)end insert Benefits specified by subdivision (a) based on service
21performed in the employ of a nonprofit organization, or of any
22entity as defined by Section 605, with respect to services specified
23by subdivision (b)begin delete or (c)end delete, are not payable to any individual with
24respect to any week that commences during an established and
25customary vacation period or holiday recess if the individual
26performs the services in the period immediately before the vacation
27period or holiday recess, and there is a reasonable assurance that
28the individual will perform the services in the period immediately
29following the vacation period or holiday recess.
30(e)
end delete
31begin insert(d)end insert With respect to any services specified by subdivision (b)begin delete or , compensation payable on the basis of services in that capacity
32(c)end delete
33may be denied as specified in subdivision (b)begin delete, (c), or (d)end deletebegin insert or (c)end insert to
34any individual who performed the services in an educational
35institution while in the employ of an educational service agency,
36and for this purpose the term “educational service agency” means
37a governmental agency or governmental entity that is established
38and operated exclusively for the purpose of providing the services
39to one or more educational institutions.
40(f)
end delete
P4 1begin insert(e)end insert Benefits specified by subdivision (a) based on service
2performed in the employ of a nonprofit organization, or of any
3entity as defined by Section 605, are not payable during the periods
4of time, and subject to the same conditions, contained in
5subdivisions (b), (c),begin delete (d), and (h)end deletebegin insert and (g)end insert, if the services are
6provided to, or on behalf of, an educational institution.
7(g)
end delete
8begin insert(f)end insert For purposes of this section, “reasonable assurance” includes,
9but is not limited to, an offer of employment or assignment made
10by the educational institution, provided that the offer or assignment
11is not contingent on enrollment, funding, or program changes. An
12individual who has been notified that he or she will be replaced
13and does not have an offer of employment or assignment to perform
14services for an educational institution is not considered to have
15reasonable assurance.
16(h)
end delete
17begin insert(g)end insert For purposes of this section, if the time for service performed
18during the period of and pursuant to any contract for any academic
19year or term by an individual for any
employing unit as specified
20in subdivision (b)begin delete or (c)end delete constitutes one-half or more of the time
21in total service performed for the employing unit by the individual
22during that same period for remuneration, all the services of the
23individual for the employing unit for that period shall be deemed
24subject to the benefit payment restriction provisions of this section.
25(i)
end delete
26begin insert(h)end insert Any entity as defined by Section 605, with respect to any
27individual performing a service in any other capacity other than
28specified in subdivision (b) for an educational institution, shall
29provide a written statement
indicating the following to the
30individual no later than 30 days before the end of the first of the
31academic years or terms:
32(1) Whether or not there is a reasonable assurance of
33reemployment.
34(2) Whether or not it is stated that the individual has no
35reasonable assurance of reemployment, that the individual should
36file a claim for benefits at the close of the academic year or term.
37(3) If it is stated that the individual has reasonable assurance of
38reemployment, the written statement shall also inform the employee
39that he or she may file a claim for benefits and that the
P5 1determination for eligibility for benefits is made by the
2Employment Development Department and not by the employer.
3(4) If it is stated that the individual has reasonable assurance of
4
reemployment, that the individual shall be entitled to a retroactive
5payment of benefits if the individual is not offered an opportunity
6to perform the services for the educational institution for the second
7of the academic years or terms, if the individual is otherwise
8eligible and he or she filed a claim for each week benefits are
9claimed, and if a claim for retroactive benefits is made no later
10than 30 days following the commencement of the second academic
11year or term.
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