For education employees in Ohio, the rules governing unemployment benefits during breaks between academic terms can be complex. Understanding these "between-terms" provisions is crucial for teachers, administrative staff, and other education workers who may find themselves without work during summer breaks or other periods.

The Basic Rule: No Benefits Between Terms

Ohio law generally prohibits unemployment benefits for education employees during periods between academic terms if certain conditions are met. This includes summer breaks, holiday recesses, and other gaps between semesters or quarters. The legislative intent is not to "subsidize the vacation periods of those who know well in advance that they may be laid off for certain specified periods."

Two Categories of Educational Employees

The law distinguishes between two types of education workers, each with different rules.

Professional staff, including teachers, professors, researchers, and principal administrators, are not eligible for benefits between terms if they worked in the first academic term and have a contract or reasonable assurance for the next term. These employees cannot receive retroactive benefits if the promised employment doesn't materialize.

Non-professional staff, such as support personnel and other non-instructional employees, follow similar rules but with one crucial difference: they may be eligible for retroactive benefits if the promised employment doesn't happen. These employees must file for retroactive benefits within four weeks after the term ends.

What Constitutes "Reasonable Assurance"?

For unemployment purposes, reasonable assurance requires a genuine offer from someone with hiring authority, employment in the same capacity as the previous term, and economic conditions that provide at least 90% of the previous compensation. The Department of Labor has defined reasonable assurance as a "moderate guarantee" rather than an absolute certainty.

Key Factors Determining Reasonable Assurance

The state must find it "highly probable" that no contingencies are within the employer's control, that a job will be available in the next term, and that any contingencies will likely be met. Contingencies like enrollment, outside funding, and seniority are generally not considered within employer control. However, course programming, facility availability, and discretionary offer retractions are viewed as employer-controlled.

Special Situations

Employees with base period employment from both educational and non-educational employers may qualify for benefits based solely on the non-educational work during disqualification periods. For those working at multiple schools, reasonable assurance must be provided by all employers to trigger disqualification. If only some employers provide assurance, the state examines whether overall compensation meets the 90% threshold.

Graduate students, if covered by unemployment insurance, receive the same treatment as other education employees. Service providers working for private companies at educational institutions are not subject to between-terms provisions.

Documentation Requirements

Educational institutions must provide written statements explaining how reasonable assurance was given. These statements help inform but don't conclusively establish reasonable assurance. The statement should describe whether the offer was written, oral, or implied, and what information about contingencies was communicated.

Important Deadlines

County boards of developmental disabilities must notify employees by April 30th if they won't be rehired for the following academic year. School districts, except municipal school districts, must provide notification by June 1st. Non-professional staff seeking retroactive benefits must file within four weeks after the term ends.

Need Help with Your Education Employment Claim?

Navigating between-terms unemployment rules can be challenging. If you're an education employee denied benefits or unsure about your eligibility, an experienced unemployment attorney can help evaluate your situation and protect your rights through the appeals process. Understanding these provisions is essential for education workers to make informed decisions about their unemployment benefits during breaks in the academic calendar.

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