Classified Employees – Notification of Reasonable Assurance of Employment (CCD)

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.

LEGAL UPDATE

April 5, 2017

To:  Superintendents/Presidents/Chancellors, Member Community College Districts

From: Steven P. Reiner, Assistant General Counsel or Frank Zotter, Jr., Senior Associate General Counsel

Subject: Classified Employees – Notification of Reasonable Assurance of Employment

Memo No. 10-2017 (CC)

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Classified Employees

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.[1]  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 for 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.

General

Community College Districts should 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.

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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