Section 65.161. Reasonable assurance

(a) For purposes of section 402.1 of the law (43 P. S. § 802.1), a contract or reasonable assurance that an individual will perform services in the second academic period exists only if both of the following conditions are met:

(1) The educational institution or educational service agency provides a bona fide offer of employment for the second academic period to the individual.

(2) The economic terms and conditions of the employment offered to the individual for the second academic period are not substantially less than the terms and conditions of the individual’s employment in the first academic period.

(b) For the purposes of subsection (a), an offer of employment is not bona fide if both of the following conditions exist:

(1) The educational institution or educational service agency does not control the circumstances under which the individual would be employed.

(2) The educational institution or educational service agency cannot provide evidence that the individual or similarly situated individuals normally perform services in the second academic period.

(c) For the purposes of subsection (a), economic terms and conditions of employment include wages, benefits and hours of work.

Notation

Notes of Decisions

Substitute Teacher Not Eligible for Unemployment Benefits

School District sought review of order of Unemployment Compensation Board of Review that found substitute teacher eligible for unemployment compensation benefits; even though substitute teacher enjoyed several long-term assignments, district’s offer of per diem employment was the same as previous school year’s offer and therefore, terms and conditions were not substantially less precluding eligibility for unemployment benefits. Carlynton School District v. Unemployment Compensation Board, 929 A.2d 680, 684 (Pa. Cmwlth. 2007).

Long-term substitute school teacher returning in the second academic year as day-to-day substitute with lesser pay and benefits, was entitled to receive unemployment benefits for the summer vacation period between academic years pursuant to regulation providing that for purposes of receiving unemployment benefits, a teacher does not have reasonable assurance of returning to work unless offered, during the second academic year, wages and benefits substantially equivalent to the first year. Slippery Rock Area v. Unemployment Comp., 983 A.2d 1231 (Pa. 2009).

Teacher Unemployed During Break Not Entitled to Unemployment Benefits

A teacher who is unemployed during a break between academic terms and has a reasonable assurance of employment in the next term is not entitled to unemployment compensation when the employer provided a bona fide offer of employment for the second term, with economic terms and conditions not substantially less than those provided in the first term. Glassmire v. Unemployment Compensation Board of Review, 856 A.2d 269, 273 (Pa. Cmwlth. 2004).

Validity

Department of Labor and Industry’s regulation providing that for purposes of receiving unemployment benefits, a teacher does not have ‘‘reasonable assurance’’ of returning to work unless offered, during the second academic year wages and benefits substantially equivalent to the first year was valid and enforceable; regulation was adopted pursuant to delegated legislative power, in accordance with the appropriate administrative procedure, and is reasonable. Slippery Rock Area v. Unemployment Comp., 983 A.2d 1231, 1244-1245 (Pa. 2009).