ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

March 07, 2023

Eligibility of a school district employee for unemployment insurance benefits for the period between two successive academic years

With respect to eligibility of employees of a school district for unemployment insurance benefits between "two successive academic years, the Appellate Division, citing Labor Law §590(1), said "[a] professional employed by an educational institution is precluded from receiving unemployment insurance benefits for the period between two successive academic years when he or she has received a reasonable assurance of continued employment." Further, said the court, "A reasonable assurance has been interpreted as a representation by the employer that substantially the same economic terms and conditions will continue to apply to the extent that the claimant will receive at least 90% of the earnings received during the first academic period."

A school bus driver [Claimant] had worked for the employer [School District] for over 30 years. Starting March 16, 2020, as a result of the COVID-19 pandemic, Claimant was not required to work but continued to receive her regular salary for the remainder of the 2019-2020 school year, ending on June 19, 2020. On June 3, 2020, Claimant received a letter from the School District informing her that it wished to retain her in the same position during the 2020-2021 school year, which she signed and returned to the School District. 

Despite this letter, prior to the end of the 2019-2020 school year, Claimant filed claims for unemployment insurance benefits. From June 21, 2020 until August 23, 2020, Claimant received unemployment insurance benefits, as well as federal pandemic unemployment compensation and lost wage assistance pursuant to the Coronavirus Aid, Relief and Economic Security Act of 2020 [the CARES Act]. 

The Unemployment Insurance Appeal Board [Board], among other things, sustained the initial determination finding that Claimant was not totally unemployed during the week ending June 21, 2020 and that she was ineligible for Pandemic Unemployment Assistance [PUA] benefits.* Claimant appealed the Board's determination.

The Appellate Division noted that, considering the letter assuring Claimant of the continued applicability of the collective bargaining agreement as well as the testimony concerning Claimant's seniority and the continued need for busing, there was substantial evidence supporting the Board's finding that the School District provided Claimant with a reasonable assurance of continued employment.

Addressing Claimant's eligibility for PUA benefits for the period between academic terms outside of her contract, the Appellate Division opined "substantial evidence supports the Board's finding that Claimant was ineligible for such benefits."

* Citing Matter of Barnett [Broome County Community Coll.—Commissioner of Labor], 182 AD3d 763, the Appellate Division observed that factual issues are for the Unemployment Insurance Appeal Board to determine and, as such, its decision will be upheld if supported by substantial evidence.

Click HERE to access the Appellate Division's decision posted on the Internet.

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com