Ala. Admin. Code r. 480-4-3-.38

Current through Register Vol. 42, No. 8, May 31, 2024

Section 480-4-3-.38 - Temporary Employment within Educational Institutions

(1) Definitions - the following definitions will be used in applying the provisions of the Administrative Rule.

(a) Employer Primarily Engaged. An employer will be considered primarily engaged if seventy-five percent (75%) or more of the company's employees are performing work for an educational institution.

(b) Reasonable Assurance. A written, verbal, or implied agreement that the employee will perform services during the ensuing academic year or term and the term "contract" is intended to include tenure status.

(2) Benefits based on service in employment for a temporary employer contracting with an educational institution may not be paid during the period between two successive academic years or terms, or during any vacation or holiday period provided the employee will have reasonable assurance that he/she will perform services for the educational institution in the second of such academic years or terms. The employer must be either primarily (see (1)(a) above) or exclusively engaged in providing temporary employees work within education institutions on a contract basis to be eligible for designation under Section 25-4-70(d), Code of Ala. 1975.

(3) Employer Certification

(a) All employers must certify by written affidavit that the entity is primarily or exclusively engaged in supplying employees for educational institutions within the State of Alabama.

(b) The employer must provide documentation upon request for any issue concerning employment of a temporary employee (claimant) at an educational institution. The employer must provide: claimant's name, social security number, dates of employment with the employer, and the educational institution where the temporary employee (claimant) is working. The employer must also provide a name and contact information for the educational institution.

(c) An employer must notify the Alabama Department of Labor immediately if less than seventy-five percent (75%) of their temporary employees within the state of Alabama are engaged in employment with educational institutions. The revocation would remain in place until such time that the employer resumes activities in which the entity is primarily engaged in supplying temporary employees to educational institutions. There will be no relief given for claims filed during the temporary revocation period.

(4) Temporary Employee/Client Listings

(a) The Alabama Department of Labor may request the temporary employer to provide a list of all educational/non-educational employees indicating each employee's place of employment and type of employment with the educational institution.

(b) Failure to submit a response within 15 days of the written request will result in temporary revocation of the employer's educational relief status for all employees. The revocation will remain in effect until all information is submitted to the Alabama Department of Labor. There will be no relief given for claims filed during the temporary revocation period.

(5) Employees who are employed as a temporary educational employee under this rule will not be held as a temporary employee under the terms of Administrative Rule 480-4-3-.37, Alternative Staffing.

Ala. Admin. Code r. 480-4-3-.38

Adopted by Alabama Administrative Monthly Volume XXXIV, Issue No. 07, April 29, 2016, eff. 5/27/2016.

Author: Thomas Daniel, Director Unemployment Compensation Director

Statutory Authority:Code of Ala. 1975, §§ 25-4-70(d).