2017 ORS 657.221¹
Ineligibility for benefits of certain educational institution personnel

(1) Benefits based on services performed in other than an instructional, research or principal administrative capacity for an educational institution or institution of higher education shall be payable to an individual 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 chapter. However:

(a) Benefits shall not be paid on the basis of such services for any week of unemployment that commences during a period between two successive academic years or terms if the individual performs such services in the first academic year or term and there is a reasonable assurance that the individual will perform any such services in the second academic year or term for any institution; except that

(b) If benefits are denied to an individual for any week under paragraph (a) of this subsection and such individual was not offered an opportunity to perform such services for the institution for the second of such academic years or terms, such individual shall be entitled, if otherwise eligible, to 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 paragraph (a) of this subsection.

(2) With respect to the application of this section, the following shall apply:

(a) An employee who terminates an employee-employer relationship by electing not to accept an offer of work for a subsequent academic year or term, other than by reason of labor negotiations or a labor dispute in progress, shall be deemed to have voluntarily left work. The effective date of such leaving shall be the date the individual notifies the institution of the election not to accept the offer of work for the subsequent period, except that if such individual continues to work under the terms of a previously existing contract or agreement, the effective date of leaving shall be the last day worked for the institution.

(b) In the event the institution does not extend to the individual an offer of work or provide a reasonable assurance the individual is expected to return to work for the institution following the period between the academic years or terms, the separation from work shall be considered an involuntary leaving or layoff.

(3) With respect to any services described in subsection (1) of this section, compensation payable on the basis of such services shall be denied to any individual for any week that commences during an established and customary vacation period or holiday recess if such individual performs such services in the period immediately before such vacation period or holiday recess, and there is reasonable assurance that such individual will perform such services or any services described in ORS 657.167 (Amount and time period for payment of benefits to educational institution employees) (1) in the period immediately following such vacation period or holiday recess.

(4) With respect to any services described in subsection (1) of this section, benefits based on such services shall be denied as specified in subsections (1) and (3) of this section to any individual who performed such services in an institution while in the employ of an education service district established by ORS chapter 334, providing 50 percent or more of the individual’s time is in the performance of services in such institution.

(5) The provisions of subsections (1), (3) and (4) of this section shall only apply to service performed for an educational institution or institution of higher education operated by:

(a) A nonprofit employing unit;

(b) This state;

(c) A political subdivision; or

(d) An Indian tribe. [1973 c.715 §6; 1975 c.284 §2; 1977 c.241 §3; 1981 c.60 §2; 1983 c.343 §1; 1983 c.528 §3; 1983 c.538 §1; 1985 c.226 §3; 1985 c.748 §2; 2001 c.572 §9; 2005 c.218 §13; 2016 c.15 §1; 2017 c.308 §1]

Notes of Decisions

Assurance of public employ­ment is reasonable even if it is subject to availability of funds and consequent effect of a reduc­tion-in-force pro­vi­sion of union contract. Zeek v. Employ­ment Div., 65 Or App 515, 672 P2d 349 (1983)

It was within Employ­ment Appeal Board’s responsibility to determine that tradi­tional academic year is an academic year within meaning of this sec­tion, even though it replaced a 12-month school year, and that peti­tioner, therefore, was assured of returning to work in a “similar capacity.” Zeek v. Employ­ment Div., 65 Or App 515, 672 P2d 349 (1983)

This sec­tion, which limits pay­ment of compensa­tion to non-instruc­tional school employees during regularly scheduled school vaca­tions, does not require denial of benefits to employee who has lost full-time posi­tion and is performing sporadic part-time work both before and after holiday period. Kautz v. Employ­ment Div., 87 Or App 241, 742 P2d 622 (1987)

Claimant, school employee, was ineligible to receive unemploy­ment benefits during regular school recess where she was employed in noninstruc­tional capacity immediately before recess and was reasonably assured of same work after recess. Employ­ment Division v. Currin, 89 Or App 433, 749 P2d 609 (1988)

“In an institu­tion” means “in an educa­tional institu­tion or an institu­tion of higher educa­tion.” Multnomah Educa­tion Service Dist. v. Emp. Div., 119 Or App 138, 849 P2d 558 (1993)

Outdoor School, operated by educa­tion service district, was educa­tional institu­tion. Multnomah Educa­tion Service Dist. v. Emp. Div., 119 Or App 138, 849 P2d 558 (1993)

Assurance that sporadic work would again be available in following academic year did not disqualify claimant from benefits during summer recess because benefits were based on prior employ­ment. Hutchinson v. Employ­ment Div., 126 Or App 717, 870 P2d 847 (1994). But see Salem-Keizer School Dist. #24J v. Employ­ment Dept., 137 Or App 320, 904 P2d 1082 (1995)

Chapter 657

Notes of Decisions

An individual who performs services for remunera­tion is an employee, and per­son or organiza­tion for whom services are performed is an employer under terms of Employ­ment Division Law even if remunera­tion is paid indirectly rather than directly unless employer shows that some statutory exclusion applies. Lectro Lift, Inc. v. Morgan, 14 Or App 316, 513 P2d 526 (1973)

Mere act of incorporating as professional corpora­tion does not, by itself, create employer-employee rela­tionship for purposes of this chapter. Peterson v. Employ­ment Division, 82 Or App 371, 728 P2d 95 (1986)

Determina­tion of whether claimant is qualified for benefits is made by reference to ORS 657.150 (Amount of benefits) and 657.155 (Benefit eligibility conditions), which require determina­tion of amount of work that claimant performed in “employ­ment” as defined in ORS chapter 657, which, in turn means that exclusions from “employ­ment” set out in ORS 657.040 (Employment) through 657.094 (Employment) must be considered. May Trucking Co. v. Employ­ment Dept., 251 Or App 555, 284 P3d 553 (2012)

Atty. Gen. Opinions

Determining employer of musicians’ group, (1972) Vol 35, p 1306

1 Legislative Counsel Committee, CHAPTER 657—Unemployment Insurance, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors657.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 657, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano657.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.