Ineligibility for benefits of certain educational institution employees
- exceptions
Source:
Section 657.221 — Ineligibility for benefits of certain educational institution employees; exceptions, https://www.oregonlegislature.gov/bills_laws/ors/ors657.html.
Notes of Decisions
Assurance of public employment is reasonable even if it is subject to availability of funds and consequent effect of a reduction-in-force provision of union contract. Zeek v. Employment Div., 65 Or App 515, 672 P2d 349 (1983)
It was within Employment Appeal Board’s responsibility to determine that traditional academic year is an academic year within meaning of this section, even though it replaced a 12-month school year, and that petitioner, therefore, was assured of returning to work in a “similar capacity.” Zeek v. Employment Div., 65 Or App 515, 672 P2d 349 (1983)
This section, which limits payment of compensation to non-instructional school employees during regularly scheduled school vacations, does not require denial of benefits to employee who has lost full-time position and is performing sporadic part-time work both before and after holiday period. Kautz v. Employment Div., 87 Or App 241, 742 P2d 622 (1987)
Claimant, school employee, was ineligible to receive unemployment benefits during regular school recess where she was employed in noninstructional capacity immediately before recess and was reasonably assured of same work after recess. Employment Division v. Currin, 89 Or App 433, 749 P2d 609 (1988)
“In an institution” means “in an educational institution or an institution of higher education.” Multnomah Education Service Dist. v. Emp. Div., 119 Or App 138, 849 P2d 558 (1993)
Outdoor School, operated by education service district, was educational institution. Multnomah Education Service Dist. v. Emp. Div., 119 Or App 138, 849 P2d 558 (1993)
Assurance that sporadic work would again be available in following academic year did not disqualify claimant from benefits during summer recess because benefits were based on prior employment. Hutchinson v. Employment Div., 126 Or App 717, 870 P2d 847 (1994). But see Salem-Keizer School Dist. #24J v. Employment Dept., 137 Or App 320, 904 P2d 1082 (1995)
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