Code of Maine Rules
12 - Labor
12 172 - Maine Unemployment Insurance Commission
Chapter 14 - Education Institution Employees

Universal Citation: 12 ME Code Rules § 14

12 DEPARTMENT OF LABOR

172 MAINE UNEMPLOYMENT INSURANCE COMMISSION

Chapter 14: EDUCATION INSTITUTION EMPLOYEES

1. Definitions.

For purposes of subsection 7 of section 1192 of the Employ­ment Security Law, the following terms shall have the following meanings:

A. A "contract" means an agreement that an individual will perform services in an instructional, research or principal administrative capacity for any educational institution, as defined in subsection 29 of section 1043 of the Employment Security Law, or for any educational service agency, as defined in paragraph D of subsection 7 of section 1192 of the Employment Security Law. Such contract may be written, oral, express or implied.

B. "Annual written reasonable assurance" means a letter or other form in which an educational institution or educational service agency assures an individual that he or she will perform services for the educational institution or educational service agency in accordance with the conditions contained in such letter or form. When making determinations involving a contract or annual written reasonable assurance, the bureau shall take into consideration the claimant's prior employment history and pattern of employment.

C. "Established and customary vacation periods or holiday recesses" means those vacation periods or recesses which the local authority having control of the school system has customarily included in the school system schedule.

D. "Benefits based on services" means the benefits for which eligibility was determined pursuant to subsection 5 of section 1192 of the Employment Security Law on the basis of wages paid in a claimant's base period by educational institutions or educational service agencies.

2. Wages from educational institutions and educational service agencies.

For purposes of subsection 7 of section 1192 of the Employment Security Law, if an individual has base period wages from more than one educational institution or educational service agency, and if that individual has a contract or annual written reasonable assurance from at least one such educational institution or educational service agency, then benefits shall not be payable based on the services with any educational institution or educational service agency between academic years or terms or during established and customary vacation periods or holiday recesses.

3. Change in capacity of employment.

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 annual 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 shall not apply between such academic years or terms.

4. Effective date of contract or annual written reasonable assurance.

A contract or annual written reasonable assurance shall be deemed to be effective on the date on which it is offered. If the contract or annual 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 for any weeks prior to the week in which the contract or annual written reasonable assurance was offered.

5. Substitute teachers.

An individual who is employed in an instructional capacity by an educational institution for the purpose of replacing a teacher who is temporarily absent shall be termed to be a "substitute teacher." If such an individual has a contract or annual 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 of section 1192 of the Employment Security Law.

6. Other substitute employees.

For purposes of subsection 7 (B) of section 1192 of the Employment Security Law, an individual who is employed in a substitute capacity 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:

A. Whenever, during the academic year or term, evidence is presented that the individual has not worked and will not be offered an opportunity to perform services for the educational institution during the remainder of that academic year or term; or

B. The 2nd of those academic years or terms is completed and the individual did not perform any services for the educational institution during that 2nd academic year or term.

STATUTORY AUTHORITY: 26 M.R.S.A., Section 1082, Subsection 2.

EFFECTIVE DATE:

October 2, 1989

AMENDED:

May 30, 2000

NON-SUBSTANTIVE CORRECTION:

August 29, 2001 - heading for Sec. 2

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