Unemployment Insurance

Web Library Topic - Reasonable Assurance for Education Employees

Statute

§ 8‑73‑107(3), C.R.S. 2005

(3) For the purpose of this subsection (3), “educational institution” includes the Colorado school for the deaf and the blind; except that such term does not include a headstart program that is not a part of a school administered by a board of education because such headstart employees are not subject to the same employment conditions as other employees of the school. Compensation is payable on the basis of services to which sections 8-70-119, 8-70-125, and 8-70-125.5 apply in the same amount, on the same terms, and subject to the same conditions as compensation payable on the basis of other services subject to articles 70 to 82 of this title; except that:

(a) With respect to services in an instructional, research, or principal administrative capacity for an educational institution, compensation shall not be payable based on such services for any week commencing during the period between two successive academic years or terms (or when an agreement provides instead for a similar period between two regular but not successive terms, during such period) to any individual if such individual performs such services in the first of such academic years or terms and if there is a contract or reasonable assurance that such individual will perform services in any such capacity for any educational institution in the second of such academic years or terms;

(b) With respect to services in any other capacity, for an educational institution compensation payable on the basis of such services shall be denied to any individual for any week which commences during a period between two successive academic years or terms or periods described in paragraph (c) of this subsection (3) if such individual performs such services in the first of such academic years, terms, or periods and there is a reasonable assurance that such individual will perform such services in the second of such academic years, terms, or periods; except that, if compensation is denied to any individual for any week under this paragraph (b) and such individual was not offered, an opportunity to perform such services for the educational institution for the second of such academic years, terms, or periods, such individual shall be entitled to a retroactive payment of the compensation for each week for which the individual filed a timely claim for compensation and for which compensation was denied solely by reason of this paragraph (b);

(c) With respect to any services described in paragraphs (a) or (b) of this subsection (3), compensation payable on the basis of such services shall be denied to any individual for any week which commences during an established and customary vacation period or holiday recess if such individual performs such services in the period immediately before such vacation period or holiday recess and if there is a reasonable assurance that such individual will perform such services in the period immediately following such vacation period or holiday recess;

(d) With respect to any services described in paragraph (a) or (b) of this subsection (3), compensation payable on the basis of services in any such capacity shall be denied as specified in paragraphs (a), (b), or (c) of this subsection (3) to any individual who performed such services in an educational institution while in the employ of an educational service agency. For the purpose of this paragraph (d), the term “educational service agency” means a governmental agency or governmental entity, such as that created by the “Boards of Cooperative Services Act of 1965”, article 5 of title 22, C.R.S., which is established and operated exclusively for the purpose of providing such services to one or more educational institutions.

(e) With respect to any services described in paragraph (a) of this subsection (3), compensation payable on the basis of such services shall be denied to any individual for any week during a period of paid or unpaid sabbatical or other voluntary leave provided for in the individual's contract if such individual performs such services in the academic year or term immediately preceding the beginning of sabbatical or other voluntary leave and if there is a contract or reasonable assurance that such individual will perform such services in the academic year or term following the end of the sabbatical or other voluntary leave;

(f) With respect to services to which section 8-70-140 applies, if such services are provided to or on behalf of an educational institution, benefits shall not be payable under the same circumstances and subject to the same terms and conditions as described in paragraphs (a) to (d) of this subsection (3).

Cases

Herrera v. Industrial Commission, 197 Colo. 23, 593 P.2d 329 (1979)

"[R]easonable assurance" exists where there is "a written, verbal, or implied agreement that the employee will perform services in the same capacity during the ensuing academic year or term."

Board of County Commissioners v. Martinez, 43 Colo. App. 322, 602 P.2d 911 (1979), overruled on other grounds sub nom. Industrial Commission v. Board of County Commissioners, 690 P.2d 839 (Colo. 1984)

The intent of the statute is to preclude unemployment compensation during the summer recess if the employee has reasonable assurance of comparable work in the fall.  Further, Headstart programs are educational institutions for purposes of the unemployment compensation act.

Denver Public Schools v. Industrial Commission, 644 P.2d 83 (Colo. App. 1982)

The employer is not required to show that a substitute teacher was given reasonable assurance of actually working the following academic year, but rather it is enough to show that the claimant was given reasonable assurance of being placed on the substitute teacher list for the following year.

Herrera v. Industrial Claim Appeals Office, 18 P.3d 819 (Colo. App. 2000)

The summer semester is not ordinarily considered an academic term.  Rather, the intent of the statute is to preclude unemployment compensation during the summer recess if the employee has a promise or reasonable assurance of comparable work in the fall.

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