Institutions of higher education or other educational institution;
period between terms, vacation periods, and holiday recesses
Sec. 7. (a) Benefits based on service in employment defined in
IC 22-4-8-2(i) and IC 22-4-8-2(j) shall be payable in the same
amount, on the terms, and subject to the same conditions as
compensation payable on the basis of other service subject to this
article, unless otherwise specifically provided, subject to the
following exceptions:
(1) With respect to service performed in an instructional,
research, or principal administrative capacity for an educational
institution, benefits may not be paid based on the service for
any week of unemployment commencing during the period
between two (2) successive academic years, or terms, or during
the period between two (2) regular but not successive terms, or
during a period of paid sabbatical leave provided for in the
individual's contract, to any individual if the individual
performs the services in the first of the academic years or terms
and if there is a reasonable assurance that the individual will
perform services in an instructional, research, or principal
administrative capacity for any educational institution in the
second of the academic years or terms.
(2) With respect to services performed in any capacity (other
than those listed in subdivision (1) of this section) for an
educational institution, benefits may not be paid based on the
service of an individual for any week which commences during
a period between two (2) successive academic years or terms if
the individual performs the service in the first of the academic
years or terms and there is reasonable assurance that the
individual will perform the service in the second of the
academic years or terms. However, with respect to weeks of
unemployment beginning on or after January 1, 1984, if
compensation is denied to any individual under this subdivision
and the individual was not offered an opportunity to perform
such services for the educational institution for the second of
the academic years or terms, the individual is entitled to a
retroactive payment of compensation for each week for which
the individual filed a timely claim for compensation and for
which compensation was denied solely by reason of this
subdivision.
(3) With respect to any services described in subdivisions (1) or
(2) of this section, compensation payable for these services
shall be denied to any individual for any week which
commences during an established and customary vacation
period or holiday recess if there is reasonable assurance that the
individual will perform the services in the period immediately
following the vacation period or holiday recess.
(4) With respect to any services described in subdivisions (1)
and (2), benefits shall not be payable on the basis of services in
any such capacities as specified in subdivisions (1), (2), and (3)
to any individual who performed such services in an
educational institution while in the employ of an educational
service agency. For purposes of this subdivision, the term
"educational service agency" means a governmental agency or
governmental entity that is established and operated exclusively
for the purpose of providing such services to one (1) or more
educational institutions.
(b) For purposes of this section, benefits may not be denied during
the period between academic years or terms to any individual having
wage credits earned with other than an educational institution if the
wage credits qualify the individual under section 5 of this chapter
and the individual is otherwise eligible. In these cases, the claim
shall be computed based on the wage credits earned with employers
other than educational institutions reported for the individual during
the base period, in accordance with IC 22-4-12-2 and IC 22-4-12-4.
Benefits paid based on the computation shall be only for weeks of
unemployment occurring between academic years or terms. For any
weeks of unemployment claims other than between academic years
or terms, the claims of these individuals shall be recomputed to
include all base period wages.
(Formerly: Acts 1971, P.L.355, SEC.34.) As amended by Acts 1977,
P.L.262, SEC.22; Acts 1978, P.L.122, SEC.2; Acts 1979, P.L.229,
SEC.3; P.L.227-1983, SEC.8; P.L.129-1984, SEC.2.
Last modified: May 27, 2006