Current through November 25, 2024
Section DWD 132.04 - Educational employees: reasonably similar terms and conditions(1) SCOPE. Under s. 108.04(17) (a) to (i), Stats., a claimant is ineligible for benefits based upon services provided to or on behalf of an educational institution for weeks of unemployment which occur between academic years or terms or during an established and customary vacation period or holiday recess if the claimant performed the services in the first such year or term or in the year or term immediately before the vacation period or holiday recess and if there is reasonable assurance that the claimant will perform such services for any educational institution in the year or term immediately following the academic year, term, vacation period or holiday recess.(2) STANDARD. Except as provided under sub. (3), the terms and conditions of the employment for which the claimant receives assurance from an educational institution under s. 108.04(17) (a) to (i), Stats., for the academic year or term immediately following the weeks of unemployment which occurred between academic years or terms or during an established and customary vacation period or holiday recess are reasonably similar if all of the following apply: (a) The claimant will earn at least 90% of the amount the claimant earned in the academic year or term which preceded the weeks of unemployment.(c) The employment involves substantially the same skill level and knowledge as the employment in the academic year or term which preceded the weeks of unemployment.(3) EFFECT ON ELIGIBILITY.(a) If the employment for which the claimant receives assurance is not reasonably similar under sub. (2), the claimant is eligible for benefits based on services provided to or on behalf of an educational institution between academic years or terms or during established and customary vacation periods or holiday recesses under s. 108.04(17) (a) to (i), Stats., if otherwise qualified.(b) If the employment for which the claimant receives assurance is reasonably similar under sub. (2), the claimant is not eligible for benefits based on services to or on behalf of an educational institution between academic years or terms or during established and customary vacation periods or holiday recesses under s. 108.04(17) (a) to (i), Stats.Wis. Admin. Code Department of Workforce Development DWD 132.04
Cr. Register, August, 1987, No. 380, eff. 9-1-87; r. (3); renum. (3) to be (4) and am., Register, July, 1993, No. 451, eff. 8-1-93.Amended by, CR 18-033: am. (1), (2) (intro.), (a), r. (2) (b) Register May 2019 No. 761, eff. 6/1/2019Amended by, CR 22-010: am. (1), (2) (intro.), (3) Register June 2022 No. 798, eff. 7/1/2022