State Codes and Statutes

Statutes > Virginia > Title-60-2 > Chapter-6 > 60-2-615

§ 60.2-615. Benefits based on employment by state or political subdivision,certain hospitals, educational institutions and charitable, etc.,organizations.

Benefits based on service in employment defined in subsection A of § 60.2-213shall be payable in the same amount on the same terms and subject to the sameconditions as benefits payable on the basis of other service subject to thistitle, except that:

A. 1. Benefits based on service in an instructional, research, or principaladministrative capacity for an educational institution shall not be paid toan individual for any week of unemployment commencing during the periodbetween two successive academic years or terms, or during a similar periodbetween two regular but not successive terms, or during a period of paidsabbatical leave provided for in the individual's contract, if the individualperforms such services in the first of such academic years or terms and ifthere is a contract or a reasonable assurance that such individual willperform services in any such capacity for any educational institution in thesecond of such academic years or terms.

2. The provisions of this subsection relating to the denial of benefits shallapply to an individual who performs such services on a part-time orsubstitute basis.

B. 1. Benefits based on service in any capacity, other than an instructional,research, or principal administrative capacity, for an educationalinstitution shall not be paid to any individual for any week which commencesduring a period between two successive academic years or terms if suchindividual performs such services in the first of such academic years orterms and there is a reasonable assurance that such individual will performsuch services in the second of such academic years or terms.

2. The provisions of this subsection relating to the denial of benefits shallapply to an individual who performs such services on a part-time orsubstitute basis.

3. If compensation is denied to any individual for any week which occursduring the period between academic years or terms under this subsection andsuch individual was not offered an opportunity to perform such services forthe educational institution for the second of such academic years or terms,such individual shall be entitled to a retroactive payment of thecompensation for each week for which the individual filed a timely claim forcompensation and for which compensation was denied solely by reason of thissubsection.

C. Benefits based on services performed in an educational institution whileemployed by an educational service agency shall not be payable to anyindividual who provided such services under the same circumstances andsubject to the same terms and conditions as described in subsections A, B andE of this section. For purposes of this subsection "educational serviceagency" means a governmental agency or governmental entity which isestablished and operated exclusively for the purpose of providing suchservices to one or more educational institutions.

D. Benefits based on services provided to or on behalf of an educationalinstitution while employed by a governmental entity or nonprofit organizationshall not be payable to any individual who provided such services under thesame circumstances and subject to the same terms and conditions as describedin subsections A, B, C and E of this section.

E. For services described in subsections A and B of this section,compensation payable on the basis of such services shall be denied to anyindividual for any week which commences during an established and customaryvacation period or holiday recess if such individual performs such servicesin the period immediately before such vacation period or holiday recess, andthere is a reasonable assurance that such individual will perform suchservices in the period immediately following such vacation period or holidayrecess.

(1971, Ex. Sess., c. 235, § 60.1-52.3; 1977, c. 330; 1979, c. 652; 1981, c.328; 1983, c. 14; 1984, cc. 204, 458; 1985, c. 152; 1986, c. 480.)

State Codes and Statutes

Statutes > Virginia > Title-60-2 > Chapter-6 > 60-2-615

§ 60.2-615. Benefits based on employment by state or political subdivision,certain hospitals, educational institutions and charitable, etc.,organizations.

Benefits based on service in employment defined in subsection A of § 60.2-213shall be payable in the same amount on the same terms and subject to the sameconditions as benefits payable on the basis of other service subject to thistitle, except that:

A. 1. Benefits based on service in an instructional, research, or principaladministrative capacity for an educational institution shall not be paid toan individual for any week of unemployment commencing during the periodbetween two successive academic years or terms, or during a similar periodbetween two regular but not successive terms, or during a period of paidsabbatical leave provided for in the individual's contract, if the individualperforms such services in the first of such academic years or terms and ifthere is a contract or a reasonable assurance that such individual willperform services in any such capacity for any educational institution in thesecond of such academic years or terms.

2. The provisions of this subsection relating to the denial of benefits shallapply to an individual who performs such services on a part-time orsubstitute basis.

B. 1. Benefits based on service in any capacity, other than an instructional,research, or principal administrative capacity, for an educationalinstitution shall not be paid to any individual for any week which commencesduring a period between two successive academic years or terms if suchindividual performs such services in the first of such academic years orterms and there is a reasonable assurance that such individual will performsuch services in the second of such academic years or terms.

2. The provisions of this subsection relating to the denial of benefits shallapply to an individual who performs such services on a part-time orsubstitute basis.

3. If compensation is denied to any individual for any week which occursduring the period between academic years or terms under this subsection andsuch individual was not offered an opportunity to perform such services forthe educational institution for the second of such academic years or terms,such individual shall be entitled to a retroactive payment of thecompensation for each week for which the individual filed a timely claim forcompensation and for which compensation was denied solely by reason of thissubsection.

C. Benefits based on services performed in an educational institution whileemployed by an educational service agency shall not be payable to anyindividual who provided such services under the same circumstances andsubject to the same terms and conditions as described in subsections A, B andE of this section. For purposes of this subsection "educational serviceagency" means a governmental agency or governmental entity which isestablished and operated exclusively for the purpose of providing suchservices to one or more educational institutions.

D. Benefits based on services provided to or on behalf of an educationalinstitution while employed by a governmental entity or nonprofit organizationshall not be payable to any individual who provided such services under thesame circumstances and subject to the same terms and conditions as describedin subsections A, B, C and E of this section.

E. For services described in subsections A and B of this section,compensation payable on the basis of such services shall be denied to anyindividual for any week which commences during an established and customaryvacation period or holiday recess if such individual performs such servicesin the period immediately before such vacation period or holiday recess, andthere is a reasonable assurance that such individual will perform suchservices in the period immediately following such vacation period or holidayrecess.

(1971, Ex. Sess., c. 235, § 60.1-52.3; 1977, c. 330; 1979, c. 652; 1981, c.328; 1983, c. 14; 1984, cc. 204, 458; 1985, c. 152; 1986, c. 480.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-60-2 > Chapter-6 > 60-2-615

§ 60.2-615. Benefits based on employment by state or political subdivision,certain hospitals, educational institutions and charitable, etc.,organizations.

Benefits based on service in employment defined in subsection A of § 60.2-213shall be payable in the same amount on the same terms and subject to the sameconditions as benefits payable on the basis of other service subject to thistitle, except that:

A. 1. Benefits based on service in an instructional, research, or principaladministrative capacity for an educational institution shall not be paid toan individual for any week of unemployment commencing during the periodbetween two successive academic years or terms, or during a similar periodbetween two regular but not successive terms, or during a period of paidsabbatical leave provided for in the individual's contract, if the individualperforms such services in the first of such academic years or terms and ifthere is a contract or a reasonable assurance that such individual willperform services in any such capacity for any educational institution in thesecond of such academic years or terms.

2. The provisions of this subsection relating to the denial of benefits shallapply to an individual who performs such services on a part-time orsubstitute basis.

B. 1. Benefits based on service in any capacity, other than an instructional,research, or principal administrative capacity, for an educationalinstitution shall not be paid to any individual for any week which commencesduring a period between two successive academic years or terms if suchindividual performs such services in the first of such academic years orterms and there is a reasonable assurance that such individual will performsuch services in the second of such academic years or terms.

2. The provisions of this subsection relating to the denial of benefits shallapply to an individual who performs such services on a part-time orsubstitute basis.

3. If compensation is denied to any individual for any week which occursduring the period between academic years or terms under this subsection andsuch individual was not offered an opportunity to perform such services forthe educational institution for the second of such academic years or terms,such individual shall be entitled to a retroactive payment of thecompensation for each week for which the individual filed a timely claim forcompensation and for which compensation was denied solely by reason of thissubsection.

C. Benefits based on services performed in an educational institution whileemployed by an educational service agency shall not be payable to anyindividual who provided such services under the same circumstances andsubject to the same terms and conditions as described in subsections A, B andE of this section. For purposes of this subsection "educational serviceagency" means a governmental agency or governmental entity which isestablished and operated exclusively for the purpose of providing suchservices to one or more educational institutions.

D. Benefits based on services provided to or on behalf of an educationalinstitution while employed by a governmental entity or nonprofit organizationshall not be payable to any individual who provided such services under thesame circumstances and subject to the same terms and conditions as describedin subsections A, B, C and E of this section.

E. For services described in subsections A and B of this section,compensation payable on the basis of such services shall be denied to anyindividual for any week which commences during an established and customaryvacation period or holiday recess if such individual performs such servicesin the period immediately before such vacation period or holiday recess, andthere is a reasonable assurance that such individual will perform suchservices in the period immediately following such vacation period or holidayrecess.

(1971, Ex. Sess., c. 235, § 60.1-52.3; 1977, c. 330; 1979, c. 652; 1981, c.328; 1983, c. 14; 1984, cc. 204, 458; 1985, c. 152; 1986, c. 480.)