12-172-14 Me. Code R. § 4
An individual is not eligible for unemployment benefits for established and customary vacation period or holiday recess periods if such individual performs services immediately before and has written reasonable assurances or a contract and will perform such services immediately following the end of the customary vacation period or holiday recess period. The agency will consider the totality of the circumstances to determine whether reasonable assurance or a contract exists.
If an educational employee is separated from employment with an educational institution during the term, normal unemployment compensation eligibility guidelines apply.
For purposes of subsection 7 of section 1192 of the Employment Security Law (26 M.R.S. § 1192(7)), if an individual has base period wages from more than one educational institution or educational service agency, the agency shall review whether the individual has a contract or written reasonable assurance with all employers in the base period. If a contract or written reasonable assurance exists with individual educational employers, the wages earned on the basis of that employment may not be used to establish monetary eligibility during an established and customary vacation period or holiday recess. Any wages earned from an educational employer that are not subject to contract or written reasonable assurance, or wages from non- educational employers in the base period may be used to establish eligibility for benefits.
If an individual performs services for an educational institution in one capacity, in either a) an instructional, research or principal administrative capacity, or b) any other capacity, in one academic year or term, and is given a contract or written reasonable assurance in the opposite capacity for any educational institution in the next or a subsequent academic year or term, the provisions of subsection 7 of section 1192 of the Employment Security Law (26 M.R.S. § 1192(7)) shall not apply between such academic years or terms.
A contract or written reasonable assurance shall be deemed to be effective on the date on which it is offered. If the contract or written reasonable assurance is offered during a period between academic years or terms, benefits shall not be denied under the provisions of subsection 7 of section 1192 of the Employment Security Law (26 M.R.S. § 1192(7)) for any weeks prior to the week in which the contract or written reasonable assurance was offered.
If an individual working in an instructional, adjunct, research or principal administrative capacity (professional capacity) is denied benefits due to written reasonable assurance or a contract and is later not offered the opportunity to perform such work, benefits may be allowed going forward only. Benefits are allowed going forward from the date that the employer reasonably knew that the work would not be available, not the date that revocation of reasonable assurance or revocation of contract was provided to the claimant. If an individual working in any other capacity (non-professional capacity) is denied benefits due to written reasonable assurance or a contract and is later not offered the opportunity to perform such work, benefits may be allowed going forward, as well as retroactively to the point of denial as long as the claimant filed timely weekly claims for benefits during the period of denial.
The agency will consider the totality of the circumstances to determine whether written reasonable assurance or a contract applies to adjunct faculty. When reviewing the offer of employment after the end of a established and customary vacation period or holiday recess, the department shall consider the following factors to determine whether benefits are payable which include, but are not limited to:
Employment history and patterns for the course or courses offered to determine the probability of the reasonable assurance materializing; The structure of the terms across the academic year established by the educational institution to determine if or when an established and customary vacation period or recess exists; Any contingencies attached to the offer of written reasonable assurance and to what extent they are within the control of the employer as such terms are defined herein; and Whether the adjunct faculty has other (full-time) employment, such that they are not unemployed as set forth in subsection 17 of section 1043 of the Employment Security Law (26 M.R.S. § 1043(17)).An individual who is employed in an instructional capacity by an educational institution for the purpose of replacing a teacher in that same capacity who is temporarily absent shall be termed to be a "substitute teacher." If such an individual has a contract or written reasonable assurance that he will serve as a "substitute teacher" for one or more educational institutions for an academic year or term, or two successive years or terms, he shall be deemed to be subject to the provisions of subsection 7(A) of section 1192 of the Employment Security Law (26 M.R.S. § 1192(7)(A)) and section 4 of this rule and the analysis set forth herein.
For purposes of subsection 7 (B) of section 1192 of the Employment Security Law (26 M.R.S. § 1192(7)), an individual who is employed in a substitute capacity in a non- professional position shall be deemed to be "not offered an opportunity to perform the services for the educational institution for the 2nd of those academic years or terms" when one of the following occurs and benefits may be payable under section 4, subsection 3 of this rule:
12-172 C.M.R. ch. 14, § 4