§ 8-909. Employees of governmental entities or charitable, educational or religious organizations

   (a) In general. -- Subject to the provisions of this section, benefits based on service in covered employment under § 8-208(a) and 8-212(c) of this title shall be payable in the same amount, on the same terms, and subject to the same conditions as benefits payable on the basis of other service in covered employment.

(b) Educational institutions; services performed in instructional, research, or principal administrative capacity. --

   (1) With respect to services performed in an instructional, research, or principal administrative capacity for an educational institution, benefits may not be paid based on those services for any week of unemployment that begins during:

      (i) a period between 2 successive academic years;

      (ii) a similar period between 2 regular but not successive terms; or

      (iii) a period of contractually provided paid sabbatical leave.

   (2) This subsection applies only to any individual who:

      (i) performs the services in an instructional, research, or principal administrative capacity in the first of 2 academic years or terms; and

      (ii) has a contract or reasonable assurance that the individual will perform the services in an instructional, research, or principal administrative capacity for any educational institution in the second of the 2 academic years or terms.

(c) Educational institutions; services performed in instructional, research, or principal administrative capacity -- Services performed in other capacities. --

   (1) With respect to services performed for an educational institution in any capacity other than instructional, research, or principal administrative, benefits may not be paid on the basis of the services for any week of unemployment that begins during a period between 2 successive academic years or terms.

   (2) This subsection applies to any individual who:

      (i) performs the services described in this subsection in the first of 2 academic years or terms; and

      (ii) has a reasonable assurance that the individual will perform the services in the second of the 2 successive academic years or terms.

   (3) Before July 1 of each year, each educational institution shall provide the Department with the name and Social Security number of each individual who has a reasonable assurance of performing covered employment described under this subsection in the next academic year.

   (4) If an individual whose name and Social Security number are required to be submitted to the Department under paragraph (3) of this subsection is not given an opportunity to perform the services for the educational institution for the next successive year or term, the individual shall be eligible for benefits retroactively if the individual:

      (i) files a timely claim for each week;

      (ii) was denied benefits solely under this subsection; and

      (iii) is otherwise eligible for benefits.

(d) Educational institutions; services performed in instructional, research, or principal administrative capacity -- Vacations and holidays. --

   (1) With respect to services described in subsections (b) and (c) of this section, an individual may not be eligible for benefits based on the services for any week that begins during an established and customary vacation period or holiday recess.

   (2) This subsection applies to any individual who:

      (i) performs the services in the period immediately before the vacation period or holiday recess; and

      (ii) has a reasonable assurance that the individual will perform the services in the period immediately following the vacation period or holiday recess.

(e) Educational service agencies. --

   (1) In this subsection, "educational service agency" means a governmental entity that is established and operated exclusively to provide educational service to one or more educational institutions.

   (2) If any service described in subsection (b) or (c) of this section is performed by an individual in an educational institution while in the employ of an educational service agency, the individual is subject to subsections (b), (c), and (d) of this section and benefits may not be paid if not allowed under subsection (b), (c), or (d) of this section.

(f) Services provided on behalf of educational institutions. -- If any service described in subsection (a) of this section is provided by an individual to or on behalf of an educational institution, the individual is subject to subsections (b), (c), and (d) of this section and benefits may not be paid if not allowed under subsections (b), (c), and (d) of this section.

HISTORY: 1993, ch. 192, § 3; 1994, ch. 3, § 1; 1995, ch. 3, § 1.