Current through Register Vol. 42, No. 11, August 30, 2024
(1) Definitions - the following definitions
will be used in applying the provisions of the Administrative Rule.
(a) Employer Primarily Engaged. An employer
will be considered primarily engaged if seventy-five percent (75%) or more of
the company's employees are performing work for an educational
institution.
(b) Reasonable
Assurance. A written, verbal, or implied agreement that the employee will
perform services during the ensuing academic year or term and the term
"contract" is intended to include tenure status.
(2) Benefits based on service in employment
for a temporary employer contracting with an educational institution may not be
paid during the period between two successive academic years or terms, or
during any vacation or holiday period provided the employee will have
reasonable assurance that he/she will perform services for the educational
institution in the second of such academic years or terms. The employer must be
either primarily (see (1)(a) above) or exclusively engaged in providing
temporary employees work within education institutions on a contract basis to
be eligible for designation under Section
25-4-70(d),
Code of Ala. 1975.
(3) Employer Certification
(a) All employers must certify by written
affidavit that the entity is primarily or exclusively engaged in supplying
employees for educational institutions within the State of Alabama.
(b) The employer must provide documentation
upon request for any issue concerning employment of a temporary employee
(claimant) at an educational institution. The employer must provide: claimant's
name, social security number, dates of employment with the employer, and the
educational institution where the temporary employee (claimant) is working. The
employer must also provide a name and contact information for the educational
institution.
(c) An employer must
notify the Alabama Department of Labor immediately if less than seventy-five
percent (75%) of their temporary employees within the state of Alabama are
engaged in employment with educational institutions. The revocation would
remain in place until such time that the employer resumes activities in which
the entity is primarily engaged in supplying temporary employees to educational
institutions. There will be no relief given for claims filed during the
temporary revocation period.
(4) Temporary Employee/Client Listings
(a) The Alabama Department of Labor may
request the temporary employer to provide a list of all
educational/non-educational employees indicating each employee's place of
employment and type of employment with the educational institution.
(b) Failure to submit a response within 15
days of the written request will result in temporary revocation of the
employer's educational relief status for all employees. The revocation will
remain in effect until all information is submitted to the Alabama Department
of Labor. There will be no relief given for claims filed during the temporary
revocation period.
(5)
Employees who are employed as a temporary educational employee under this rule
will not be held as a temporary employee under the terms of Administrative Rule
480-4-3-.37, Alternative
Staffing.
Author: Thomas Daniel, Director Unemployment
Compensation Director
Statutory Authority:
Code of Ala.
1975, §§
25-4-70(d).
