Connecticut 2021 Regular Session

Connecticut House Bill HB06582 Compare Versions

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7	7		General Assembly Substitute Bill No. 6582
8	8		January Session, 2021
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14	14		AN ACT CONCERNING UN EMPLOYMENT BENEFITS FOR ADJUNCT
15	15		FACULTY.
16	16		Be it enacted by the Senate and House of Representatives in General
17	17		Assembly convened:
18	18
19	19		Section 1. Subsection (d) of section 31-227 of the general statutes is 1
20	20		repealed and the following is substituted in lieu thereof (Effective July 1, 2
21	21		2021): 3
22	22		(d) (1) Benefits based on service in employment defined in 4
23	23		[subdivisions (1) (C) and (D)] subparagraphs (C) and (D) of subdivision 5
24	24		(1) of subsection (a) of section 31-222 shall be payable in the same 6
25	25		amount, on the same terms and subject to the same conditions as 7
26	26		compensation payable on the basis of other service subject to this 8
27	27		chapter; except that [(1)] (A) with respect to weeks of unemployment 9
28	28		beginning after December 31, 1977, benefits shall not be paid based on 10
29	29		service performed in an instructional, research or principal 11
30	30		administrative capacity for an educational institution for any week of 12
31	31		unemployment commencing during the period between two successive 13
32	32		academic years, or during a similar period between two regular terms, 14
33	33		whether or not successive, or during a period of paid sabbatical leave 15
34	34		provided for in the individual's contract, to any individual if such 16
35	35		individual performs such services in the first of such academic years [(or 17
36	36		terms)] or terms and if there is a contract or a reasonable assurance that 18 Substitute Bill No. 6582
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43	43		such individual will perform services in any such capacity for any 19
44	44		educational institution in the second of such academic years or terms 20
45	45		pursuant to the provisions of subdivisions (2) and (3) of this subsection; 21
46	46		[(2)] (B) with respect to weeks of unemployment beginning after 22
47	47		October 29, 1983, for service performed in any other capacity for an 23
48	48		educational institution, benefits shall not be paid on the basis of such 24
49	49		services to any individual for any week which commences during a 25
50	50		period between two successive academic years or terms if such 26
51	51		individual performs such services in the first of such academic years or 27
52	52		terms and there is a reasonable assurance that such individual will 28
53	53		perform such services in the second of such academic years or terms, 29
54	54		except that if benefits are denied to any individual under this 30
55	55		subdivision and such individual is not offered an opportunity to 31
56	56		perform such services for the educational institution for the second of 32
57	57		such academic years or terms, such individual shall be entitled to a 33
58	58		retroactive payment of benefits for each week for which the individual 34
59	59		filed a timely claim for benefits and for which benefits were denied 35
60	60		solely by reason of this subdivision; [(3)] (C) with respect to weeks of 36
61	61		unemployment beginning after March 31, 1984, for services described in 37
62	62		[subdivisions (1) and (2)] subparagraphs (A) and (B) of this subdivision, 38
63	63		benefits shall not be payable on the basis of such services to any 39
64	64		individual for any week which commences during an established and 40
65	65		customary vacation period or holiday recess if such individual performs 41
66	66		such services in the period immediately before such vacation period or 42
67	67		holiday recess and there is a reasonable assurance that such individual 43
68	68		will perform such services in the period immediately following such 44
69	69		vacation period or holiday recess; [(4)] (D) with respect to weeks of 45
70	70		unemployment beginning after March 31, 1984, for services described in 46
71	71		[subdivisions (1) and (2)] subparagraphs (A) and (B) of this subdivision, 47
72	72		benefits shall not be payable on the basis of such services under the 48
73	73		circumstances prescribed in [subdivisions (1), (2) and (3)] 49
74	74		subparagraphs (A) to (C), inclusive, of this subdivision to any individual 50
75	75		who performed such services in an educational institution while in the 51
76	76		employ of an educational service agency. For purposes of this 52
77	77		subdivision the term "educational service agency" means a 53 Substitute Bill No. 6582
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84	84		governmental agency or governmental entity which is established and 54
85	85		operated exclusively for the purpose of providing such services to one 55
86	86		or more educational institutions. 56
87	87		(2) With respect to the services performed in an instructional, 57
88	88		research or principal administrative capacity, as set forth in 58
89	89		subparagraph (A) of subdivision (1) of this subsection, by an individual 59
90	90		for an institution of higher education in the state, the administrator, as 60
91	91		defined in subsection (c) of section 31-222, shall determine whether such 61
92	92		individual has reasonable assurance of performing such services in the 62
93	93		second of two succeeding academic years or terms pursuant to the 63
94	94		circumstances prescribed in subparagraph (A) of subdivision (1) of this 64
95	95		subsection or in the period immediately following a customary vacation 65
96	96		period or holiday recess pursuant to the circumstances prescribed in 66
97	97		subparagraph (C) of subdivision (1) of this subsection on a case-by-case 67
98	98		basis. Reasonable assurance shall be established if (A) the institution of 68
99	99		higher education has made an offer of employment to such individual 69
100	100		for the second academic year or term or for the period following a 70
101	101		customary vacation period or holiday recess, whether such offer is 71
102	102		written, oral or implied, (B) such offer was made by an employee of the 72
103	103		institution of higher education with authority to make such offer, (C) 73
104	104		such offer is for services in the same capacity as the services the 74
105	105		individual provided in the first academic year or term or in the period 75
106	106		before a customary vacation period or holiday recess, (D) the wages or 76
107	107		salary in such offer are in an amount not less than ninety per cent of the 77
108	108		amount paid to such individual during the first academic year or term 78
109	109		or during the period before a customary vacation period or holiday 79
110	110		recess, (E) such offer is not contingent on factors within the control of 80
111	111		the institution of higher education, including, but not limited to, course 81
112	112		programming, allocation of available funding, program modifications 82
113	113		or facility availability, and (F) it is highly probable that such individual 83
114	114		will provide services in the same capacity during the second academic 84
115	115		year or term or during the period following a customary vacation period 85
116	116		or holiday recess based on the totality of circumstances of the case, 86
117	117		including, but not limited to, availability of funding, past enrollment 87 Substitute Bill No. 6582
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124	124		levels, the individual's level of seniority and the nature of the 88
125	125		contingencies on the offer. 89
126	126		(3) Not later than ten days before the last day of an academic year or 90
127	127		term, each institution of higher education in the state shall submit to the 91
128	128		Labor Department, in the form and manner prescribed by the 92
129	129		administrator, (A) a list of individuals who performed services in an 93
130	130		instructional, research or principal administrative capacity, as set forth 94
131	131		in subparagraph (A) of subdivision (1) of this subsection, for such 95
132	132		institution and who do not have a reasonable assurance of providing 96
133	133		such services in the same capacity during the second academic year or 97
134	134		term or during the period following a customary vacation period or 98
135	135		holiday recess, including such individual's name and Social Security 99
136	136		number, and (B) a list of individuals who performed such services 100
137	137		described in subparagraph (A) of subdivision (1) of this subsection, for 101
138	138		such institution and who have a reasonable assurance of providing such 102
139	139		services in the same capacity during the second academic year or term 103
140	140		or during the period following a customary vacation period or holiday 104
141	141		recess, with a description of the manner in which reasonable assurance 105
142	142		was provided to such individual, including, but not limited to, (i) 106
143	143		whether an offer was made in writing, orally or implied, (ii) the nature 107
144	144		of any contingencies in the offer, and (iii) the information about the offer 108
145	145		communicated to the individual. Such information may be considered 109
146	146		by the administrator, but shall not, on its own, demonstrate conclusive 110
147	147		evidence regarding reasonable assurance in any case. 111
148	148		This act shall take effect as follows and shall amend the following
149	149		sections:
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151	151		Section 1 July 1, 2021 31-227(d)
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153	153		HED Joint Favorable Subst.
154		-	LAB Joint Favorable
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