BENEFITS FOR EMPLOYEES OF EDUCATIONAL SERVICE CONTRACTORS.

1. A. As used in this section only:

   1. 1. "Educational service contractor" means a private business entity that has contracted with one or more educational institutions to provide workers on-site or on-campus that are assigned to accomplish tasks deemed necessary by the educational institution; and
   2. 2. "Educational institution" means a school, school system, college or university providing elementary, secondary, career/technology or higher education and which is operated by an entity as defined in paragraph (3) or (4) of Section 1-210 of this title.

2. B. Benefits based on service in employment of an educational service contractor shall be payable in the same amount, on the same terms and subject to the same conditions as benefits payable on the basis of other service subject to the Employment Security Act of 1980, except that:

   1. 1. With respect to service performed in an instructional, research or principal administrative capacity for an educational institution, benefits shall not be paid based on services for any week of unemployment commencing during the period between two (2) successive academic years, during a similar period between two regular but not successive terms or during a period of paid sabbatical leave provided for in the individual's contract, to any individual if the individual performs services in the first academic year or term and if there is a contract or a reasonable assurance that the individual will perform services in any such capacity for any educational institution in the second academic year or term;
   2. 2. With respect to services performed in any other capacity for an educational institution, benefits shall not be paid on the basis of services to any individual for any week which commences during a period between two (2) successive academic years or terms if the individual performs services in any such capacity in the first academic year or term and there is a reasonable assurance that the individual will perform services in the second academic year or term, except that if compensation is denied to any individual under this paragraph and the individual was not offered an opportunity to perform services for the educational institution for the second academic year or term, the individual shall be entitled to a retroactive payment of compensation for each week for which the individual filed a timely claim for compensation and for which compensation was denied solely by reason of this paragraph;
   3. 3. With respect to any services described in paragraphs 1 and 2 of this subsection, benefits shall not be payable on the basis of services in any capacities to any individual for any week which commences during an established and customary vacation period or holiday recess if the individual performs services in the period immediately before the vacation period or holiday recess, and there is a reasonable assurance that the individual will perform services in any such capacity in the period immediately following the vacation period or holiday recess; and
   4. 4. If an individual has employment with an educational service contractor and has employment with a noneducational employer or employers during the base period of the individual’s benefit year, the individual may become eligible for benefits during the between-term denial period, based only on the noneducational employment.

Laws 2017, HB 1621, c. 58, § 1, eff. November 1, 2017; Amended by Laws 2018, HB 2523, c. 14, § 3, eff. November 1, 2018 (superseded document available).