Or. Admin. Code § 471-030-0074

Current through Register Vol. 63, No. 10, October 1, 2024

Section 471-030-0074 - School Employees

(1) The effective date of this rule shall apply retroactively to September 1, 2021.

(2) An "academic year" is the time frame within 12 months and separated by break periods in which an educational institution, program(s) within an educational institution, or location(s) of an educational institution ordinarily operates to provide courses of study.

(3) The provisions of 657.221 (5) shall apply when the individual performs the majority of their job duties in the occupation while working in the industry classified as educational services.

(4) ORS 657.167 and 657.221 apply when the individual claiming benefits was not unemployed, as defined by ORS 657.100, during the relevant period in the preceding academic year or term. The relevant period is:

(a) The week prior to the holiday or vacation period when the week(s) claimed commenced during a holiday or vacation period.

(b) The prior academic year or term when the week(s) claimed commenced during a customary recess period between academic terms or years, unless there is a specific agreement providing for services between regular, but not successive terms.

(c) The last academic year or term when the week(s) claimed commenced during a recess between non-consecutive academic terms or years when there is a specific agreement providing for services between regular, but not successive terms.

(5) The provisions of ORS 657.167 and 657.221 apply regardless of whether or not the individual performed services only during an academic year or in a year-round position.

(6) When an individual performs services for more than one educational institution, any wages earned by the individual working for an institution for which there is a contract or reasonable assurance are excluded from the determination of the individual's weekly and maximum benefit amount during the period between academic year, term or remainder of a term.

(7) In accordance with ORS 657.660, each educational institution shall provide the Employment Department, annually, the time frames for their break, vacation, or holiday periods. Failure to do so will result in a determination based on the shortest established time frames for similar institutions.

Or. Admin. Code § 471-030-0074

ED 4-2004, f. 7-30-04, cert. ef. 8-1-04; ED 13-2006(Temp), f. 12-1-06, cert. ef. 12-3-06 thru 6-1-07; ED 1-2007, f. & cert. ef. 1-29-07; ED 56-2018, amend filed 04/25/2018, effective4/29/2018; ED 1-2020, amend filed 01/03/2020, effective 1/5/2020; ED 5-2021, temporary amend filed 10/22/2021, effective 10/22/2021 through 4/19/2022; ED 7-2022, amend filed 04/15/2022, effective 4/20/2022

Statutory/Other Authority: ORS 657.610 & 657.100(3)

Statutes/Other Implemented: 657.100(3), ORS 657.221 & 657.167