Associate Faculty Benefits

Applying for unemployment insurance… it is your legal right.

Disclaimer

The suggestions made in this presentation are just that, suggestions. Use your best judgment when applying for Unemployment Insurance.

Since when have Associate Faculty qualified for unemployment benefits?

“As a result of the 1989 Cervisi decision, lecturers who do not have "reasonable assurance" of returning to work can receive unemployment compensation during breaks in employment.”

Source: California Faculty Association

http://calfac.org/unemployment.html

But I’m in the class schedule…

“Virtually all appointment offers to lecturers are contingent upon meeting minimum enrollment, funding levels, or program continuation. Such contingent offers do not constitute "reasonable assurance" of reemployment as defined in the state unemployment code.”

Source: California Faculty Association

http://calfac.org/unemployment.html

But my department chair said…

“Don't assume that a statement from your department chair that you will teach in the fall is a firm offer of employment not contingent upon budget and enrollment.

The only way that you do NOT qualify for unemployment benefits is if you currently have an appointment letter that states that you will be employed in the fall and which also explicitly states that your appointment is NOT contingent upon budget and enrollment.”

Source: California Faculty Associationhttp://calfac.org/unemployment.html

According to EDD…

“Regardless of whether you are a professional, nonprofessional or school supportive employee (of a public or nonprofit school), if the offer of work is contingent on there being sufficient funding or enrollment, you would not be considered to have reasonable assurance for the next school year or term.”

Source: Education Development Departmenthttp://www.edd.ca.gov/uirep/uischemp.htm

When can I receive unemployment benefits?

“Most lecturers, including those on three-year contract, are eligible to receive unemployment insurance during breaks–including summer–in their employment.”

Source: California Faculty Association

http://calfac.org/unemployment.html

What is a recess period?

“EDD defines a recess period as the period of time between terms, or within terms when classes are not usually scheduled. Examples of recess periods include summer vacation, off-track weeks and holiday recess such as Christmas or Spring breaks.”

Source: Education Development Department

http://www.edd.ca.gov/uirep/uischemp.htm

How do I get started?

“Apply as soon as you have finished your duties with the University (i.e., turned in your grades). (The ending date of your contract is not legally determinative as to when you are unemployed and therefore when you are eligible for benefits.) Don't delay applying, because eligibility for payments begins the day you apply, regardless of how long you may have already been unemployed.”

Source: California Faculty Associationhttp://calfac.org/unemployment.html

Three ways to apply

1. File by Internet

2. File by Telephone

3. File by Mail/Fax

The Job Market in Eureka is also available for drop-in support.

Suggestions for the application…

Question 22a-g

22. Are you a member of a union?

22a. Union Name

22b. Union Number

22c. Telephone number of Union

22d. Does your union look for work for you?

22e. Does your union control your hiring?

22f. Are you registered with your union as out of work?

22g. Are you going to receive strike benefits?

Suggestion: Contact Danny Walker for this information.

Question 25f, 25g

Telephone number of last employer:

Suggestion: Payroll Department at 707-476-4129. They will be in communication with EDD eventually anyway to process the paperwork.

What is the full name (first and last) of the person who was your immediate supervisor:

Suggestion: Your department or division chair

Question 27

Last Date Worked:Suggestion: The day you turned in your grades or the last day of your contract, whichever comes first.

27a.

What are your gross wages for your last week of work?

Suggestion: According to the Payroll Department, you should take your total contract amount and divide by 16 weeks. That is your last week of pay regardless of whether or not you actually worked that week.

Question 28

Reason no longer working:

Suggestion: Laid Off/Lack of Work

Question 28a

Please provide a brief explanation (for reason no longer working):

Suggestions:a. you do not currently have an appointment letter or contract;b. your appointment letter is usually sent at the end of the summer;c. your appointment letter is conditional upon budget and enrollment;d. your current appointment letter states that after your appointment ends, no further employment is implied (if your appointment letter states this).

Source: California Faculty Associationhttp://calfac.org/unemployment.html

Question 29

Do you expect to return to work for a former employer?

Suggestion: Either yes or no may apply.

Question 30

Do you have a date to start work?

Suggestion: Either yes or no may be applicable depending on situation.

Question 31, 31a

Are you an employee of a school, educational institution, or training facility?

Suggestion: Yes

Are you returning to work for the next school session?Suggestion: Either yes or no may apply.

Question 31b

Has your employer given you reasonable assurance, either verbal, written, or implied, of returning to work for the next school session?

Suggestion: No

Question 33

List the names of all of the employers you worked for in the last 18 months, the dates you worked for each employer, the wages you earned from each, and how you were paid. Please also indicate the employer you worked for longest by selecting the radio button next to that employer.

Suggestion: List all employment, not just CR. Provide weekly income (total contract divided by 16 weeks) for your CR Associate Faculty wages.

Question 34a

How long did you work for that employer?

Suggestion: It’s not clear the best way to answer this question so use your best judgment.

Question 37

Is your usual occupation seasonal?

Suggestion: No

Question 41

Are you available for immediate full-time work in your usual occupation?

Suggestion: Either yes or no may apply. However, if CR (or another school) offered you a full-time teaching position, would you take it?

Question 42

If No on Item 41, are you available for immediate part-time work in your usual occupation?

Suggestion: EDD defines part-time as anything less than 40 hours a week, so this may apply to many associate faculty who also have other ongoing employment.

Post-Application Suggestions

Work Requirement

“You are required to look for work each week that you are certifying for benefits by contacting employers who hire workers in your usual occupation. Failure to look for work in any week may affect your eligibility to receive benefits. We advise that you keep a record of your work search dates and employer contact information for future use and potential eligibility interviews.”

Source: EDDhttp://www.edd.ca.gov/uirep/uiapp.htm

Suggestion: You are required to LOOK and make contacts, not apply. Don’t feel pressured to apply for work outside of your occupation (ie McDonalds) just because it’s a job.

Bi-Weekly Form

“Claimants complete and submit a form for each week they wish to claim benefits. The forms are usually for two weeks at a time and claimants must certify that they have met eligibility requirements for each week benefits are claimed.”

Source: EDD, Step 7http://www.edd.ca.gov/uirep/uicp.htm

Suggestion: Make sure you send it in on the date specified, not early. Also, you only need to fill in the back side of the form if you fill in the bubble on the front side that states you actually applied for employment.

If You Are Denied

One reason why…

“Upon receiving your claim, EDD will contact the campus to confirm your employment status and to ask if you have "reasonable assurance" of returning to work. In some cases, department secretaries, department chairs or personnel office representatives assume that lecturers will be rehired, even if an offer was conditional or there is no written appointment as yet, and tell EDD that you will be returning.”

California Faculty Associationhttp://calfac.org/unemployment.html

If you are denied…

“If this happens, it is very important to file an appeal. If you are denied benefits, you will be notified in writing. The notification will explain your right to appeal and give instructions on how to appeal, including time lines.”

California Faculty Association

http://calfac.org/unemployment.html

Again,

Applying for unemployment insurance is your legal right.