Determination of Reasonable Assurance
Effective Jan 12, 2018Mass. Register #1356MGL c. 23, § 9J MGL c. 29, § 9J MGL c. 151A, §§ 1, 22, 23, 24, 25, 28a(b), 37, 66, 68Department of Unemployment Assistance
After a claim is filed, the Commissioner or his/her authorized representative shall promptly determine, in accordance with procedures established by the Commissioner and after making such inquiries and investigation as he/she deems necessary whether or not the individual has reasonable assurance of reemployment in the next ensuing academic year or term. If it is determined that there is a reasonable assurance, the written notice to the claimant of the reasonable assurance shall include:
- (a) The period of disqualification. The denial of benefits because of reasonable assurance under M.G.L. c. 151A, § 28A is limited to weeks of unemployment between the academic years or terms.
- (b) An explanation of the claimant's right to a hearing, and the time limits and procedures for requesting such a hearing, and;
- (c) An explanation that if the claimant is not offered an opportunity to perform services in the next ensuing academic year or term he/she will be entitled to retroactive payment for benefits for each week for which he/she has filed, if otherwise eligible.
- (d) If the claimant is denied benefits because of reasonable assurance under M.G.L. c. 151A, §28A, he/she will be instructed that it will not be necessary to continue to report between academic years or terms. He/she will be advised to reopen his/her claim if he/she is not rehired when the next academic year or term begins.