§40-2-209. Benefits for employees of governmental or nonprofit

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employers.

BENEFITS FOR EMPLOYEES OF GOVERNMENTAL OR NONPROFIT EMPLOYERS.

Benefits based on service in employment defined in paragraph

(3)or

(4)of Section 1-210 of this title, including any federally operated educational institutions, shall be payable in the same amount, on the same terms and subject to the same conditions as benefits payable on the basis of other service subject to the Employment Security Act of 1980, except that:

(1)With respect to service performed in an instructional, research or principal administrative capacity for an educational institution, benefits shall not be paid based on services for any week of unemployment commencing during the period between two

(2)successive academic years, or during a similar period between two regular but not successive terms, or during a period of paid sabbatical leave provided for in the individual's contract, to any individual if the individual performs services in the first academic year or term and if there is a contract or a reasonable assurance that the individual will perform services in any such capacity for any educational institution in the second academic year or term;

(2)With respect to services performed in any other capacity for an educational institution, benefits shall not be paid on the basis of services to any individual for any week which commences during a period between two

(2)successive academic years or terms if the individual performs services in the first academic year or term and there is a reasonable assurance that the individual will perform services in any such capacity in the second academic year or

term, except that if compensation is denied to any individual pursuant to this paragraph and the individual was not offered an opportunity to perform services for the educational institution for the second academic year or term, the individual shall be entitled to a retroactive payment of 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 clause;

(3)With respect to any services described in paragraphs

(1)and

(2)of this section, benefits shall not be payable on the basis of services in any capacities to any individual for any week which commences during an established and customary vacation period or holiday recess if the individual performs services in the period immediately before the vacation period or holiday recess, and there is a reasonable assurance that the individual will perform services in any such capacity in the period immediately following the vacation period or holiday recess;

(4)With respect to any services described in paragraphs

(1)and

(2)of this section, benefits shall not be payable on the basis of services in any capacities as specified in paragraphs (1),

(2)and

(3)of this section to any individual who performed services in an educational institution while in the employ of an educational service agency. For purposes of this paragraph, the term "educational service agency" means a governmental agency or governmental entity which is established and operated exclusively for the purpose of providing services to one or more educational institutions;

(5)If services are provided to or on behalf of an educational institution by a private for-profit entity or an entity described in paragraph

(3)or

(4)of Section 1-210 of this title that is not an educational institution or an educational service agency, the employees providing these services shall not be subject to the terms and conditions as described in paragraphs (1), (2),

(3)and

(4)of this section; and

(6)If an individual has employment with an educational institution and has employment with a noneducational employer or employers during the base period of the individual's benefit year, the individual may become eligible for benefits during the between- term denial period, based only on the noneducational employment. Added by Laws 1980, c. 323, § 2-209, eff. July 1, 1980. Amended by Laws 1981, c. 259, § 5, emerg. eff. June 25, 1981; Laws 1982, c. 304, § 4, operative Oct. 1, 1982; Laws 1984, c. 252, § 2, emerg. eff. May 29, 1984; Laws 1986, c. 205, § 3, emerg. eff. June 6, 1986; Laws 2004, c. 102, § 3, eff. Nov. 1, 2004; Laws 2008, c. 132, § 6, eff. Nov. 1, 2008; Laws 2017, c. 345, § 4, eff. July 1, 2017; Laws 2018, c. 14, § 2, eff. Nov. 1, 2018; Laws 2021, c. 424, § 4, eff. Nov. 1, 2021.