Section 612.434 - Period between academic years or terms; paid sabbatical leave; services performed in more than one capacity for educational institution1. Except as otherwise provided in subsections 4 and 5, benefits based on service in an instructional, research or principal administrative capacity for any educational institution must be denied to any person for any week of unemployment which begins during the period between two successive academic years, or during a similar period between two regular terms, whether or not successive, or during a period of paid sabbatical leave provided for in the person's contract, if that person performs the service in the first of the academic years or terms and there is a contract or reasonable assurance that the person will be provided employment in any such capacity for an educational institution in the next academic year or term.2. Except as provided in subsection 3, benefits based on service in any other capacity for any educational institution must be denied to any person for any week of unemployment which begins during the period between two successive academic years or terms if the person performed the service in the first of the academic years or terms and there is reasonable assurance that the person will be provided employment to perform that service in the next academic year or term.3. A person who is denied benefits pursuant to subsection 2 and not offered an opportunity to perform the service for the educational institution for the second academic year or term is entitled to retroactive payment of his or her benefits for each week for which the person filed a timely claim that was denied pursuant to subsection 2.4. If a person performs services in more than one capacity for any educational institution, benefits must be denied to the person for any week of unemployment which begins during the period between two successive academic years, or during a similar period between two regular terms, whether or not successive, or during a period of paid sabbatical leave provided for in the person's contract if: (a) The person performs services in any of his or her capacities in the first of the academic years or terms;(b) There is a contract or reasonable assurance that the person will be provided employment in any of his or her capacities with any educational institution in the next academic year or term; and(c) The wages for the employment provided pursuant to paragraph (b) will not be less than 90 percent of the aggregate amount of wages paid for all services performed in all capacities for any educational institution in the first of the academic years or terms.5. If a person performs services in more than one capacity for any educational institution and benefits are not denied to the person pursuant to subsection 4, all of the services performed in all capacities for any educational institution during the first of the academic years or terms must be included to determine the person's eligibility for benefits for any week of unemployment which begins during the period between two successive academic years, or during a similar period between two regular terms, whether or not successive, or during a period of paid sabbatical leave provided for in the person's contract.6. If a person is paid benefits for a week of unemployment based on the services described in subsection 5, the amount of such benefits paid that is based on services performed for which an educational institution provided a contract or reasonable assurance of employment for the academic year or term:(a) If the educational institution has not been given the right to make reimbursements in lieu of contributions pursuant to NRS 612.553, must be charged against the records for experience rating of that educational institution.(b) If the educational institution has been given the right to make reimbursements in lieu of contributions pursuant to NRS 612.553, is required to be reimbursed into the Unemployment Compensation Fund by the educational institution.7. The provisions of this section apply also to services performed while employed by a governmental agency which is established and operated to provide services to educational institutions and which may make reimbursements in lieu of contributions pursuant to NRS 612.553.Added to NRS by 1977, 843; A 1981, 396; 1983, 601; 2021, 1478Amended by 2021, Ch. 279,§7, eff. 7/1/2021.Added to NRS by 1977, 843; A 1981, 396; 1983, 601