430 Mass. Reg. 4.96

Current through Register 1523, June 7, 2024
Section 4.96 - Opportunity to Perform Service
(1) An opportunity to perform suitable services must be offered by the educational institution or educational service agency, from which the individual was given reasonable assurance. The offer shall be in writing and must be given by the end of the second full week from the beginning of the academic year or term to those individuals who are not currently employed at that time by the educational institution or educational service agency. Such individuals must begin performing services by the end of the fourth full week from the beginning of the academic year or term.
(2) An offer of short term employment shall not constitute an opportunity to perform services.
(3) Substitute employees will be considered to be offered an opportunity to perform services if they are assured that they will be recalled under the same terms and conditions as in the most recently completed academic year or term. Such individuals shall be exempt from the definition of short term employment.
(4) A claimant will not be entitled to retroactive benefits when the offer of an opportunity to perform services is prevented because of the individual's own action which precludes his/her reemployment.
(5) Whether or not an opportunity to perform services was offered to the individual will be based on the facts in each case.

430 CMR 4.96