In order for classified employees who do not work during the summer to be held ineligible for unemployment benefits, Unemployment Insurance Code Section 1253.3 requires that districts give or send these employees a “letter of reasonable assurance” no later than 30 days prior to the last day of the academic year or term. The Code requires very specific language. The attached sample letters comply with Code requirements.
Letter No. 1 is a sample letter for classified employees who work less than 12 months.
Letter No. 2 is a sample letter for categorical, special, or federally- funded classified employees who work less than 12 months.
Letter No. 3 is a sample letter for classified substitutes to be used if the college district has a classified substitute list.
If an employee receives a letter of reasonable assurance and later files a claim for unemployment insurance with the Employment Development Department (“EDD”), the district will have to produce a copy of the letter of reasonable assurance that was given to that employee. We recommend scanning or saving a copy of every letter of reasonable assurance given to each employee so it can later be produced to EDD if necessary.
Community College Districts should also be aware that if the economic terms and conditions of an employee’s work change significantly (more than 20% reduction in income) after the recess between academic terms, the notice of reasonable assurance does not bar the employee from collecting unemployment insurance. For instance, if the likely number of days a regular substitute is likely to work decreases by more than 20%, that substitute may be eligible for unemployment benefits for the summer.
Please contact our office with questions regarding this Legal Update or any other legal matter.
Legal Update written by Steven P. Reiner, Assistant General Counsel.
The information in this Legal Update is provided as a summary of law and is not intended as legal advice. Application of the law may vary depending on the particular facts and circumstances at issue. We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.
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All rights reserved. However, SCLS grants permission to any current SCLS client to use, reproduce, and distribute this Legal Update in its entirety for the client’s own non-commercial purposes.
 Unemployment Insurance Code Sec. 1253.3, subd. (h) refers to the “end of the academic year or term” not the last day of service for the employee.