Vermont H 175: An act relating to the beverage container redemption system

Bill Text

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VT LEG #379943 v.1
H.175 1
Introduced by Representatives Casey of Montpelier and Headrick of 2
Burlington 3
Referred to Committee on 4
Date: 5
Subject: Labor; unemployment insurance; eligibility; adjunct faculty 6
Statement of purpose of bill as introduced: This bill proposes to clarify that an 7
individual teaching at an institution of higher education on an adjunct or 8
contingent basis will be eligible to receive unemployment insurance between 9
academic years if the individual does not have a reasonable assurance of future 10
employment with the institution. 11
An act relating to clarifying the right of adjunct faculty to receive 12
unemployment insurance benefits 13
It is hereby enacted by the General Assembly of the State of Vermont: 14
Sec. 1. 21 V.S.A. § 1343 is amended to read: 15
§ 1343. CONDITIONS 16
* * * 17
(c) Benefits are payable on the basis of service in employment as defined in 18
subdivisions 1301(6)(A)(ix) and (x) of this subchapter, in the same amount, on 19

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the same terms, and subject to the same conditions as benefits payable on the 1
basis of other service subject to this chapter, except that: 2
(1) With respect to services performed in an instructional, research, or 3
principal administrative capacity for an educational institution, benefits shall 4
not be payable on the basis of such services for any week of unemployment 5
commencing during the period between two successive academic years or 6
terms (or, when an agreement provides instead for a similar period between 7
two regular but not successive terms, during such period) or during a period of 8
paid sabbatical leave provided for in the individual’s contract, to any 9
individual if the individual performs such services in the first of the academic 10
years or terms and if there is a contract or reasonable assurance that the 11
individual will perform services in any such capacity for any educational 12
institution in the second of the academic years or terms. 13
(2) With respect to services performed in any other capacity for an 14
educational institution, benefits shall not be payable on the basis of such 15
services to any individual for any week of unemployment that commences 16
during a period between two successive academic years or terms if the 17
individual performs such services in the first of the academic years or terms 18
and there is a reasonable assurance that the individual will perform such 19
services for any educational institution in the second of the academic years or 20
terms, except that if benefits are denied to any individual under this 21

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subdivision and the individual was not offered an opportunity to perform such 1
services for the educational institution for the second of the academic years or 2
terms, the individual shall be entitled to a retroactive payment of the benefits 3
for each week for which the individual filed a timely claim for benefits and for 4
which benefits were denied solely by reason of this subdivision. 5
(3) With respect to any services described in subdivision (1) or (2) of 6
this subsection, benefits shall not be payable on the basis of services in any 7
such capacities to any individual for any week that commences during an 8
established and customary vacation period or holiday recess if the individual 9
performs such services in the period immediately before the vacation period or 10
holiday recess, and there is a reasonable assurance that the individual will 11
perform such services in the period immediately following the vacation period 12
or holiday recess. To the extent permitted by federal law, as used in this 13
subdivision, the term “reasonable assurance” means that all of the following 14
requirements shall be met: 15
(A) The educational institution has made an offer of employment in 16
the following academic year or term that is either written, oral, or implied. 17
(B) The offer of employment in the following academic year or term 18
was made by an individual with actual authority to offer employment. 19
(C) The employment offered in the following academic year or term 20
shall be in the same capacity as in the then-current academic year or term. 21

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(D) The economic conditions of the employment offered may not be 1
considerably less in the following academic year or term than in the then-2
current academic year or term. As used in this subdivision (D), “considerably 3
less” means that the individual will earn less than 90 percent of the amount the 4
individual earned in the then-current academic year or term. 5
(E) The offer of employment in the following academic year or term 6
is not contingent upon a factor or factors within the educational institution’s 7
control, such as course programming, allocation of available funding, final 8
cours