Amount and time period for payment of benefits to educational institution employees
Source:
Section 657.167 — Amount and time period for payment of benefits to educational institution employees, https://www.oregonlegislature.gov/bills_laws/ors/ors657.html.
Notes of Decisions
Where claimant was employed by two academic institutions and after summer recess had assurance of returning to only one, compensation was awardable for the job to which he would not return. Mallon v. Employment Div., 41 Or App 479, 599 P2d 1164 (1979)
Teacher who substitute taught for school district in academic year preceding summer vacation, and who had reasonable assurances that he could substitute teach again in academic year following summer vacation, was not entitled to unemployment compensation benefits for summer vacation months. Johnson v. Employment Division, 59 Or App 626, 651 P2d 1365 (1982)
Employment Appeals Board erred in interpreting “between two successive years” to include unexpected layoff period that preceded principals’ regularly scheduled period of unemployment. Hayes v. Employment Div., 65 Or App 506, 672 P2d 352 (1983)
As used in this section “academic year” means traditional fall through spring sessions of an educational institution. Friedlander v. Employment Division, 66 Or App 546, 676 P2d 314 (1984)
Teacher whose employment at educational institution during traditional academic year preceding summer vacation period was dependent upon minimum class enrollment, and who has reasonable assurance of teaching on same basis in following academic year, is not entitled to unemployment benefits for summer months. Friedlander v. Employment Division, 66 Or App 546, 676 P2d 314 (1984)
There was no assurance of reemployment where claimant was told that if enough students enrolled, needed tutoring and requested him, decision whether to rehire him would be made. Redmond v. Employment Div., 66 Or App 878, 675 P2d 1126 (1984)
Where claimant employed as full-time teacher during first academic year has quantity of service reduced to part-time for second academic year, claimant is entitled to unemployment compensation for summer months; legislative intent of this section is to treat academic employee in same manner as other covered employee. Kelly v. Employment Division, 74 Or App 69, 701 P2d 448 (1985), Sup Ct review denied
Teacher who works as substitute during year before summer recess and has reasonable assurance of working as substitute during year following recess is not qualified for unemployment benefits. Slominski v. Employment Division, 77 Or App 142, 711 P2d 215 (1985)
This section, which limits payment of unemployment benefits to instructional personnel during regularly scheduled vacations, disqualifies from receiving benefits school employee who performed instructional services before scheduled vacation and had reasonable assurance of performing such services after vacation. Dufka v. Employment Div., 87 Or App 254, 742 P2d 624 (1987), Sup Ct review denied
Claimant had “reasonable assurance” of reemployment, as that term is used in this section, to disqualify him from receiving unemployment benefits where he received offer of employment in capacity similar to that of previous year but was still negotiating its terms. Employment Division v. Epstein, 90 Or App 584, 752 P2d 1295 (1988)
Where Employment Appeals Board’s order does not explain how claimant’s not having had previous relationship with school districts before spring affects whether she had or did not have an assurance of re-employment, order fails to articulate rational connection between facts it found and legal conclusions. Mt. Hood Community College v. Employment Div., 101 Or App 314, 790 P2d 1164 (1990)
Claimant who had long history of teaching successive terms without written notification of employer’s intention to reemploy her and whose supervisor told her she could be reasonably assured of temporary work, had reasonable assurance of reemployment and was thus disqualified from receiving unemployment compensation. Armstrong v. Employment Div., 113 Or App 257, 832 P2d 1233 (1992)
Where claimant is employed prior to scheduled break, difference in nature of pre-break employment and former employment forming basis of claim is irrelevant to determining disqualification. Salem-Keizer School Dist. #24J v. Employment Dept., 137 Or App 320, 904 P2d 1082 (1995)
Relevant period for determining disqualification during summer recess is academic year or term preceding summer recess, not week immediately prior to summer recess. Employment Dept. v. Bires, 147 Or App 336, 935 P2d 1214 (1997)
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