Current through Register Vol. 24-18, September 15, 2024
(1)
(a) For
individuals who perform services in a professional capacity, wages and hours
from an educational institution or educational services district will count
towards the individual's base year and benefit year unless the educational
institution or educational services district shows it is highly probable that
the individual meets the three prerequisites in subsection (2) of this section
and the educational institution or educational services district shows it is
highly probable that the individual either has a contract for future work under
subsection (3) of this section or reasonable assurance of future work under
subsection (4) of this section.
(b)
For individuals who perform services in a nonprofessional capacity, wages and
hours from an educational institution or educational services district will
count towards the individual's base year and benefit year unless the
educational institution or educational services district shows it is highly
probable that the individual meets the three prerequisites in subsection (2) of
this section and the educational institution or educational services district
shows it is highly probable that the individual has reasonable assurance of
future work under subsection (4) of this section.
(c) When determining if an individual has a
contract or reasonable assurance of future work, the department will use the
facts as they are known at the time the individual filed his or her weekly
claim.
(2) n order for
there to be a contract or reasonable assurance of future work, the following
three prerequisites must be met:
(a) There is
a written, verbal or implied offer of employment made by an individual with
actual authority to offer employment;
(b) The offer of employment provides that the
employee will perform services in the same capacity during the ensuing academic
year or term (or remainder of the current academic year or term) as in the
first academic year or term; and
(c) The economic conditions of the offer of
employment may not be considerably less in the following academic year or term
(or portion thereof) than in the first academic year or term (or portion
thereof).
(3) A contract
for future work is an agreement that is:
(a)
Enforceable by both the employer and employee;
(b) Noncontingent; and
(c) Provides for compensation for either:
(i) An entire academic year; or
(ii) On an annual basis.
(4) Reasonable assurance for
future work exists if either:
(a)
(i) There are no contingencies in the offer
of employment that are within the employer's control; and
(ii) After giving primary weight to
contingent nature of an offer of employment and considering the totality of the
circumstances, it is highly probable that the contingencies contained in the
offer of employment will be met and there will be a job available for the
claimant in the following academic year or term; or
(b) The individual is tenured or holds tenure
track status, unless advised otherwise by the institution of higher education.
An individual holds tenure track status if he or she is a probationary faculty
employee having an opportunity to be reviewed for tenure.
(5) For the purposes of determining whether
reasonable assurance of future work exists under subsection (4) of this
section, contingencies considered to be in the employer's control include, but
are not limited to, course programming, funding allocation decisions, final
course offerings, and facility availability. Contingencies considered to be
outside of the employer's control include, but are not limited to, enrollment
and the availability of funding from an outside source, such as a
grant.
Statutory Authority:
RCW
50.12.010 and
50.12.040. 02-19-009, §
192-210-015, filed 9/5/02, effective 10/6/02. Statutory Authority:
RCW
50.12.010,
50.12.040 and
50.20.010. 99-18-066, §
192-210-015, filed 8/31/99, effective
10/1/99.
