Unemployment Insurance Do they qualify for the race?

1. Unemployment InsuranceDo they qualify for the race? CASBO Conference 2013

2. Agenda Tell me something I don’t know

3. Qualifyingfor UI benefits Unemployment insurance provides weekly payments to those who suffer loss of work through no fault of their own. I did nothing wrong

4. Unemployment Insurance is Available to: • Former employees • Part-time employees • Intermittent, substitute employees • Those with no Reasonable Assurance

5. Employeesare 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.

6. ReasonableAssurance • 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.

7. RA Notification is NOT required for: • Instructional – Teachers • Research • Principal Administrative • Principal • Vice Principal • Head Nurse

8. Classified Employees (less than 12 months)withReasonable 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

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

10. Best Practices EVERYONE* gets RA 30 days prior to the end of your school yearCUIAB P-B 501 *ALL less than 12 month classified employees and certificated employees.

11. Classified Employees withoutRA 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

12. SubstituteTeachers 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.

13. Pit stop

14. MISCONDUCT

15. ~Section 1256~California Unemployment Insurance Code 1256 Provides that “An individual is disqualified for Unemployment Insurance (UI) benefits if…he or she left his or her most recent work voluntarily without good cause or…has been discharged for misconduct connected with his or her most recent work.”

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.

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

18. Leaving workWithout Good Cause • Job dissatisfaction • Resentment toward supervisor • Dissatisfaction with wages, hours, etc. • In anticipation of termination • Incarceration • Conviction

19. 4 our Elementsof 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 employer’s interests” (tends to injure the employer).

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.

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 EDD’s website) they may actually appreciate the information.

23. How many checkered flags were featured in this presentation? 4 7 6

24. QUESTIONS www.edd.ca.gov In search box type: Benefit Determination Guide Select a topic Q & A

25. Internet Resource Guide • Employment Development Department www.edd.ca.gov • Ordering EDD forms & Publications 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/ • CA Legal Information www.legalinfo.ca.gov • CA Unemployment Ins. Code www.leginfo.ca.gov/calaw.html • CA Unemployment Ins. Appeals Board www.cuiab.ca.gov