CASBO Conference 2013 Unemployment Insurance Do they qualify
for the race?
Slide 2
Agenda Tell me something I dont know
Slide 3
Unemployment insurance provides weekly payments to those who
suffer loss of work through no fault of their own. Qualifying for
UI benefits I did nothing wrong
Slide 4
Unemployment Insurance is Available to: Former employees
Part-time employees Intermittent, substitute employees Those with
no Reasonable Assurance
Slide 5
Employees are Eligible if : They do not have reasonable
assurance. Their work year is reduced. They are on a list to be
called for work during a recess period.
Slide 6
Reasonable Assurance Reasonable assurance (RA) is a written,
verbal, or implied agreement that the school employee will perform
same or similar services during the next academic year, term, or
remainder of a term. The economic terms and conditions must be
substantially the same as those conditions in the previous school
year or term.
Slide 7
RA Notification is NOT required for: Instructional Teachers
Research Principal Administrative Principal Vice Principal Head
Nurse
Slide 8
Classified Employees (less than 12 months) with Reasonable
Assurance RA letter must be issued 30 days prior to the end of term
and must state the following: Employee has RA Employee may file a
UI claim EDD determines eligibility (not the district) Potential
rights to retroactive benefits
Slide 9
Classified Employees Include (but not limited to) Instructional
Aides Clerical Workers Food Service Workers Hourly Yard Duty
Librarians Classified Substitutes Maintenance Workers Counselors
Transportation Workers
Slide 10
Best Practices EVERYONE* gets RA 30 days prior to the end of
your school year CUIAB P-B 501 and * ALL less than 12 month
classified employees and certificated employees.
Slide 11
Per UI Code 1253.3, RA letter must state: Employee does not
have Reasonable Assurance Employee should file a UI claim Sample
letters included in your packet Classified Employees without
RA
Slide 12
Substitute Teachers Sub Teacher should get RA letter stating:
They have reasonable assurance of returning to work in the next
year or term. The have RA at the close of all holidays and recess
periods during the year. Their services will not be needed during
any scheduled recess, unless notified in writing.
Slide 13
Pit stop
Slide 14
MISCONDUCT
Slide 15
Section 1256 ~ Section 1256 ~ California Unemployment Insurance
Code 1256 Provides that An individual is disqualified for
Unemployment Insurance (UI) benefits ifhe or she left his or her
most recent work voluntarily without good cause orhas been
discharged for misconduct connected with his or her most recent
work.
Slide 16
Good Cause A real, substantial, or compelling reason, that
would cause a reasonable person genuinely desirous of retaining
employment to leave work under the same circumstances.
Slide 17
Examples of Good Cause Compelling family reasons Leaving work
to accompany spouse or registered domestic partner Protection from
domestic violence Sexual harassment Breach of contract
Slide 18
Leaving work Without Good Cause Job dissatisfaction Resentment
toward supervisor Dissatisfaction with wages, hours, etc. In
anticipation of termination Incarceration Conviction
Slide 19
our Elements of Misconduct A material duty owed by the claimant
to the employer under the contract of employment. A substantial
breach of that duty. The breach is a willful or wanton disregard of
that duty. Evinces (proves) a disregard of the employers interests
(tends to injure the employer). 4
Slide 20
Constructive Quit A claimant is said to have constructively
quit his or her job when, although discharged by the employer, the
claimant set in motion the chain of events which resulted in the
employer's having no reasonable alternative except to terminate him
or her.
Slide 21
Control UI costs Get in the drivers seat Submit timely
responses to claims and appeals. Get answers from Benefit
Determination Guide available online. Maintain good records,
educate management on unemployment by providing an electronic copy
of the Claims Management Handbook for School Employers (on EDDs
website) they may actually appreciate the information.
Slide 22
Slide 23
How many checkered flags were featured in this presentation?
476476
Slide 24
QUESTIONS www.edd.ca.gov In search box type: Benefit
Determination Guide Select a topic Q & A
Slide 25
Internet Resource Guide Employment Development Department
www.edd.ca.govwww.edd.ca.gov Ordering EDD forms & Publications
www.edd.ca.gov/Forms/default.asp www.edd.ca.gov/Forms/default.asp
DE 3450SEF Claims Mgmt. Handbook for School Employers DE 2320 For
Your Benefit handbook for Employees EDD UI Benefit Determination
Guide www.edd.ca.gov/UIBDG/www.edd.ca.gov/UIBDG/ CA Legal
Information www.legalinfo.ca.govwww.legalinfo.ca.gov CA
Unemployment Ins. Code
www.leginfo.ca.gov/calaw.htmlwww.leginfo.ca.gov/calaw.html CA
Unemployment Ins. Appeals Board
www.cuiab.ca.govwww.cuiab.ca.gov
