1253.3
. (a) Notwithstanding any other provision of this division,
unemployment compensation benefits, extended duration benefits, and
federal-state extended benefits are payable on the basis of service
to which Section 3309(a)(1) of the Internal Revenue Code of 1954
applies, 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 this division, except as provided by this section.
(b) Benefits specified by subdivision (a) based on service
performed in the employ of a nonprofit organization, or of any entity
as defined by Section 605, with respect to service in an
instructional, research, or principal administrative capacity for an
educational institution are not payable to any individual with
respect to any week which begins during the period between two
successive academic years or terms or, when an agreement provides
instead for a similar period between two regular but not successive
terms, during that period, or during a period of paid sabbatical
leave provided for in the individual's contract, if the individual
performs services in the first of the academic years or terms and if
there is a contract or a reasonable assurance that the individual
will perform services for any educational institution in the second
of the academic years or terms.
(c) Benefits specified by subdivision (a) based on service
performed in the employ of a nonprofit organization, or of any entity
as defined by Section 605, with respect to service in any other
capacity than specified in subdivision (b) for an educational
institution shall not be payable to any individual with respect to
any week which commences during a period between two successive
academic years or terms if the individual performs the service in the
first of the academic years or terms and there is a reasonable
assurance that the individual will perform the service in the second
of the academic years or terms. However, if the individual was not
offered an opportunity to perform the services for an educational
institution for the second of the academic years or terms, the
individual shall be entitled to a retroactive payment of benefits for
each week for which the individual filed a timely claim for benefits
and for which benefits were denied solely by reason of this
subdivision. Retroactive benefits shall be claimed in accordance with
the department's procedures which shall specify that except where
the individual was entitled to benefits based on services performed
for other than an educational institution, an individual who has a
reasonable assurance of reemployment may satisfy the search for work
requirement of subdivision (e) of Section 1253, by registering for
work pursuant to subdivision (b) of Section 1253 during the period
between the first and second academic terms or years. A claim for
retroactive benefits may be made no later than 30 days following the
commencement of the second academic year or term.
(d) Benefits specified by subdivision (a) based on service
performed in the employ of a nonprofit organization, or of any entity
as defined by Section 605, with respect to services specified by
subdivision (b) or (c), are not payable to any individual with
respect to any week that commences during an established and
customary vacation period or holiday recess if the individual
performs the services in the period immediately before the vacation
period or holiday recess, and there is a reasonable assurance that
the individual will perform the services in the period immediately
following the vacation period or holiday recess.
(e) With respect to any services specified by subdivision (b) or
(c), compensation payable on the basis of services in that capacity
may be denied as specified in subdivision (b), (c), or (d) to any
individual who performed the services in an educational institution
while in the employ of an educational service agency, and for this
purpose the term "educational service agency" means a governmental
agency or governmental entity that is established and operated
exclusively for the purpose of providing the services to one or more
educational institutions.
(f) Benefits specified by subdivision (a) based on service
performed in the employ of a nonprofit organization, or of any entity
as defined by Section 605, are not payable during the periods of
time, and subject to the same conditions, contained in subdivisions
(b), (c), (d), and (h), if the services are provided to, or on behalf
of, an educational institution.
(g) For purposes of this section, "reasonable assurance" includes,
but is not limited to, an offer of employment or assignment made by
the educational institution, provided that the offer or assignment is
not contingent on enrollment, funding, or program changes. An
individual who has been notified that he or she will be replaced and
does not have an offer of employment or assignment to perform
services for an educational institution is not considered to have
reasonable assurance.
(h) For purposes of this section, if the time for service
performed during the period of and pursuant to any contract for any
academic year or term by an individual for any employing unit as
specified in subdivision (b) or (c) constitutes one-half or more of
the time in total service performed for the employing unit by the
individual during that same period for remuneration, all the services
of the individual for the employing unit for that period shall be
deemed subject to the benefit payment restriction provisions of this
section.
(i) Any entity as defined by Section 605, with respect to any
individual performing a service in any other capacity other than
specified in subdivision (b) for an educational institution, shall
provide a written statement indicating the following to the
individual no later than 30 days before the end of the first of the
academic years or terms:
(1) Whether or not there is a reasonable assurance of
reemployment.
(2) Whether or not it is stated that the individual has no
reasonable assurance of reemployment, that the individual should file
a claim for benefits at the close of the academic year or term.
(3) If it is stated that the individual has reasonable assurance
of reemployment, the written statement shall also inform the employee
that he or she may file a claim for benefits and that the
determination for eligibility for benefits is made by the Employment
Development Department and not by the employer.
(4) If it is stated that the individual has reasonable assurance
of reemployment, that the individual shall be entitled to a
retroactive payment of benefits if the individual is not offered an
opportunity to perform the services for the educational institution
for the second of the academic years or terms, if the individual is
otherwise eligible and he or she filed a claim for each week benefits
are claimed, and if a claim for retroactive benefits is made no
later than 30 days following the commencement of the second academic
year or term.