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OLR Bill Analysis
sHB 6582
AN ACT CONCERNING UNEMPLOYMENT BENEFITS FOR
ADJUNCT FACULTY.
SUMMARY
By law, Connecticut higher education institutions’ instructional,
research, or principal administrative employees are ineligible to
receive unemployment benefits for weeks of unemployment (1)
between two successive academic years; (2) between two regular
terms, whether or not they are successive; or (3) during a customary
vacation period or holiday recess, if they are likely to be rehired. The
labor commissioner makes this ineligibility determination based on
whether the employee has a contract or a “reasonable assurance” that
he or she will work in any capacity for any educational institution in
the subsequent academic year or term or period following the vacation
or holiday recess.
This bill requires the commissioner to determine on a case-by-case
basis whether there is reasonable assurance for these higher education
employees’ rehiring. It establishes multiple factors that must
collectively be present for the commissioner to find that reasonable
assurance exists.
Lastly, the bill creates new reporting duties for higher education
institutions, requiring them to submit two employee lists to the
Department of Labor (DOL) at the end of an academic year or term to
help inform the commissioner’s reasonable assurance findings.
EFFECTIVE DATE: July 1, 2021
REASONABLE ASSURANCE DETERMINATION
Under the bill, the labor commissioner must find that several factors
are present when finding reasonable assurance that a higher education
employee is likely to be rehired and thereby ineligible to receive 2021HB-06582-R000308-BA.DOCX
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unemployment benefits. These factors are as follows:
1. the higher education institution has made a written, oral, or
implied employment offer to the person for the second
academic year or term or for the period after a customary
vacation period or holiday recess;
2. this offer was made by an employee of the institution who has
the authority to make this offer;
3. this offer is for the same type of services the person provided
and for wages or a salary that equals at least 90% of the amount
paid to the person in the first academic year or term or in the
period before the customary vacation or holiday recess;
4. this offer is not contingent on factors within the institution’s
control, including course programming, available funding
allocation, program modifications, or facility availability; and
5. it is highly probable that the person will provide services in the
same capacity during the second academic year or term or
during the period following a customary vacation period or
holiday recess, including funding availability, past enrollment
levels, the person’s seniority level, and the nature of the
contingencies on the offer.
HIGHER EDUCATION EMP LOYEE LISTS
Under the bill, Connecticut higher education institutions must
submit two employee lists to DOL at least 10 days before the last day
of an academic year or term. The first list must contain the names and
social security numbers of people who (1) served in an instructional,
research, or principal administrative capacity for the institution and (2)
do not have reasonable assurance of providing the same services in the
same capacity during the second academic year or term or after a
customary vacation period or holiday recess.
The second list must contain employees who performed the same
services and do have reasonable assurance of providing these services 2021HB-06582-R000308-BA.DOCX
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in the same capacity during the same period described above.
However, the second list must also describe how the institution
provided reasonable assurance to these employees, including (1)
whether an offer was made in writing, orally, or implied; (2) the nature
of any offer contingencies; and (3) the information about the offer
communicated to the employee.
The bill allows the labor commissioner to consider these two lists
when making reasonable assurance determinations, but it prohibits the
lists from serving as conclusive evidence of reasonable assurance in
any case.
COMMITTEE ACTION
Higher Education and Employment Advancement Committee
Joint Favorable Substitute
Yea 19 Nay 3 (03/22/2021)