Pennsylvania Code
Title 34 - LABOR AND INDUSTRY
Part II - Bureau of Employment Security
Subpart A - Unemployment Compensation
Chapter 65 - EMPLOYEE PROVISIONS
Subchapter I - BENEFITS BASED ON SERVICE FOR EDUCATIONAL INSTITUTIONS
Section 65.161 - Reasonable assurance

Universal Citation: 34 PA Code ยง 65.161

Current through Register Vol. 54, No. 44, November 2, 2024

(a) For purposes of section 402.1 of the law (43 P.S. § 802.1), a contract or reasonable assurance that an individual will perform services in the second academic period exists only if both of the following conditions are met:

(1) The educational institution or educational service agency provides a bona fide offer of employment for the second academic period to the individual.

(2) The economic terms and conditions of the employment offered to the individual for the second academic period are not substantially less than the terms and conditions of the individual's employment in the first academic period.

(b) For the purposes of subsection (a), an offer of employment is not bona fide if both of the following conditions exist:

(1) The educational institution or educational service agency does not control the circumstances under which the individual would be employed.

(2) The educational institution or educational service agency cannot provide evidence that the individual or similarly situated individuals normally perform services in the second academic period.

(c) For the purposes of subsection (a), economic terms and conditions of employment include wages, benefits and hours of work.

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