A. As used in this section only:
- 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. "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 Title 40 of the Oklahoma Statutes.
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. 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 capacity for any educational institution in the second academic year or term; and
- 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 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.
Laws 2017, HB 1621, c. 58, § 1, eff. November 1, 2017.