90 Pa. Commw. 528 | Pa. Commw. Ct. | 1985
Opinion by
Julie Weirieh (petitioner) appeals here from an order of the Unemployment Compensation Board of Review (Board) affirming a referee’s determination that she was ineligible for benefits for the weeks ending June 11, 18 and 25, 1983 pursuant to Section 402.1 (1) of the Unemployment Compensation Law (Law), Act of December 5,1936, Second Ex. Sess., P.L. (1937)
The petitioner had been employed, as a full-time professional teacher by the Johnsonburg* Area School District until May 1981, when she was suspended from her position because of declining enrollment. When school began again in the fall the petitioner accepted employment with the district as a per diem substitute teacher, earning forty dollars per day and averaging two days’ work per week. As a result, she became eligible for partial unemployment benefits, and received such benefits, subject to the appropriate adjustments,
With respect to service performed ... in an instructional . . . capacity for an educational institution, benefits shall not be paid based on such services for any week of unemployment commencing during the period between two successive academic years, or during a similar period between two regular terms ... if such individual performs such services in the first of such academic years or terms and if there is a . . . reasonable assurance that such individual will perform services in any capacity for any educational institution in the second of such academic years or terms.
While the facts are essentially undisputed, the petitioner contends that error was committed in ruling her ineligible pursuant to Section 402.1(1) of the Act.
Section 402.1(3) provides:
With respect to any services described in clause (1) [43 P.S. §802.1(1)] or (2), benefits payable on the basis of such services shall be denied to any individual for any week which commences during an established and customary vacation period or holiday recess if such individual performed such services in the period immediately before such vacation period or . . . recess, and there is a reasonable assurance that such individual will perform such services in the period immediately following such vacation period or holiday recess.
43 P.S. §802.1(3).
In Haynes, we held that a per diem substitute school teacher working one day per week, who had been
The Board urges that Haynes should be limited to its facts and that it is distinguishable as involving a different subsection of the Act. It argues that the only factors to be considered are whether or not the claimant is subject to Section 402.1(1) and whether or not the period of unemployment arises during a break or recess. It cites a number of cases in support, including DeLuca v. Unemployment Compensation Board of Review, 74 Pa. Commonwealth Ct. 80, 459 A.2d 62 (1983). We believe, however, that the cases cited are inapposite to the matter sub judice, inasmuch as the issue raised here, as a result of benefits already having been received, was not presented in any of those cases. Contrary to the Board’s assertion, moreover, we believe that Haynes provides the best guidance in resolving this matter.
A comparison of subsections 402.1(1) concerned here and 402.1(3) involved in Haynes reflects that both utilize similar language to disqualify a claimant from receiving benefits based upon services rendered prior to a school “break” where there is a reasonable assurance that the person will perform services for an educational institution after the break. The primary difference is that 402.1(1) is concerned with the period between terms or academic years, while 402.1(3)
We believe that the result suggested by acceptance of the Board’s position would be contrary to the legislative intent underlying Section 402.1.
The intent of the legislature in passing Section 402.1 was to eliminate the payment of benefits to school employees during summer months and other regularly scheduled vacations, on the rationale that such employees are able to anticipate and prepare for those nonworking periods. The law thus recognizes that these employees are not truly unemployed or suffering from economic insecurity during scheduled recesses.
Haynes at 543, 442 A.2d at 1233.
The petitioner here had already been determined to be unemployed and was already receiving benefits prior to the break. It appears, moreover, that she would again be eligible to receive benefits upon its termination, but not during the break. She was, however, no less unemployed during the break than she had been, either before or afterwards.
We will, therefore, reverse the order of the Unemployment Compensation Board of Review.
Order
And Now, this 24th day of July, 1985, the order of the Unemployment Compensation Board of Review in the above-captioned matter is reversed.
Claimants are provided with a partial benefit credit in the amount of forty percent of their weekly benefit rate, Section 4 (m. 3) of the Act, 43 P.S. §753 (m. 3), and they are entitled to receive unemployment compensation benefits at prescribed rates, less any remuneration which exceeds the partial benefit rate, Section 404(d) of the Act, 43 P.S. §804(d).
The petitioner also contests the determination that she had a reasonable assurance of employment when school resumed. In light of our resolution of this matter, however, we need not address this issue.
In a different contest, we have previously noted that the situation presented where full-time employees receive no benefits during their employment calls for a different approach than where a part-time employee actually received benefits while working the job available. Coffey v. Unemployment Compensation Board of Review, 45 Pa. Commonwealth Ct. 454, 405 A.2d 1012 (1979). Coffey concerned the issue of whether a claimant who had undertaken a part-time job with a school while she was collecting benefits was disqualified from receiving benefits altogether during the school’s summer break pursuant to the requirements that a claimant be available for work, Section 402(a) of the Law, 43 P.S. §802(a).