AUTHORITY: Implementing and authorized by Sections 211.1, 211.2, 612, 1700 and 1701 of the Unemployment Insurance Act [820 ILCS 405].

SOURCE: Adopted at 10 Ill. Reg. 5109, effective March 13, 1986; amended at 11 Ill. Reg. 19101, effective November 4, 1987; amended at 18 Ill. Reg. 4154, effective March 3, 1994; amended at 43 Ill. Reg. 6555, effective May 14, 2019; emergency amendment at 44 Ill. Reg. 12671, effective July 10, 2020, for a maximum of 150 days; amended at 44 Ill. Reg. 17668, effective October 23, 2020.

SUBPART A: GENERAL PROVISIONS

 

Section 2915.1  Definitions

 

All other terms in this Part shall have the meaning set forth in definitions, Section 200 through 247 of the Unemployment Insurance Act [820 ILCS 405], hereinafter referred to as "the Act".

 

"Act" means the Unemployment Insurance Act, [820 ILCS 405].

 

"Educational institution" under Section 211.1 or 211.2 of the Act  has for its primary function the presentation of formal instruction and normally maintains a regular faculty and curriculum and normally has a regularly enrolled body of pupils or students in attendance at the place where its educational activities are regularly conducted.

 

"Educational service agency" has the meaning given to it in Section 612 of the Act .

 

"Instructional service" is performed for an educational institution or educational service agency either on a full-time or part-time basis and consists of teaching in formal classroom or seminar situations, tutoring, or lecturing for the purpose of imparting knowledge, or counseling, advising, or otherwise determining curriculum, courses, and academic pursuits for students.

 

"Principal administrative capacity" is a service performed by individuals who are officers of the educational institution or educational service agency, and perform the duties of president, members of the board of directors, business managers, deans and associate deans, university public relations directors, comptrollers, development officers, chief librarians, registrars, superintendents or principals or others not given such official titles but actually serving in a similar principal administrative capacity.  The duties performed by the individual rather than the title held determine whether or not the individual may be considered to be in a principal administrative capacity.

 

"Reasonable assurance" is an inference or expectation based upon a sequence of previous conduct, practice, or course of dealing, within an industry or field of service that is fairly to be regarded as establishing a common basis of understanding that the individual working in one year, term, or season, or prior to a vacation period or holiday recess may be expected, under normal conditions, to have continued employment in the next year, term, or season, after an "off-term" or "off-season" interruption, or at the conclusion of the vacation period or holiday recess.

 

"Research service" for an educational institution, educational service agency or educational unit consists of careful and systematic study and investigation in a field of science or knowledge, undertaken to establish facts or principles.  The work performed is in a predominantly intellectual field or artistic endeavor that is varied in character and requires the constant exercise of discretion and judgment in performance.  The work further requires advanced knowledge in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study.  It does not include individuals who provide supportive services for research, such as typists and clerks.

 

(Source:  Amended at 43 Ill. Reg. 6555, effective May 14, 2019)

 

Section 2915.2  Services in Instructional, Research or Principal Administrative Capacity and Other Capacities

 

a)         For purposes of Section 612 of the Act, examples of services performed in an instructional, research or principal administrative capacity include, but are not limited to, services as a teacher, school principal, assistant school principal, dean, assistant dean, researcher, guidance counselor, social worker, head school registered nurse or licensed practical nurse, tutor, sports coach, athletic director, and substitute teacher.

 

b)         For purposes of Section 612 of the Act, examples of services that are not performed in an instructional, research or principal administrative capacity include, but are not limited to, services as a teacher's aide, primarily clerical staff, custodian, assistant or auxiliary librarian, cafeteria worker, assistant registered nurse or licensed practical nurse, groundskeeper, or school bus driver.

 

c)         For purposes of Section 612 of the Act, if an individual's employment during an academic year or term entails performing services that are in an instructional, research or principal administrative capacity, as well as performing services that are in other than an instructional, research or principal administrative capacity, if more than 50% of the individual's services during that academic year or term are in an instructional, research or principal administrative capacity, then all of the services of the individual during that academic year or term shall be deemed to be performed in an instructional, research or principal administrative capacity; but if 50% or more of the individual's services during that academic year or term are in other than an instructional, research or principal administrative capacity, then all of the services of the individual during that academic year or term shall be deemed to be performed in other than an instructional, research or principal administrative capacity. However, if the employer reports the wages performed in an instructional, research or principal administrative capacity separately, then the foregoing shall not apply.

 

EXAMPLE 1:  Employee X is an individual with a license to teach. Employer Z is a public school system in Illinois. For the 2019-2020 school year, Z hires X to work as a teacher's aide. During the first semester of the 2019-2020 school year, X performs all her services as a teacher's aide. During the second semester of the 2019-2020 school year, 80% of X's time and services are spent working as a teacher's aide, and 20% of X's time and services are spent working in the position of a substitute teacher, teaching one class per day. During each of the semesters of the 2019-2020 school year, since 50% or more of X's services are performed in other than an instructional, research or principal administrative capacity, then for both semesters of the 2019-2020 school year, all of X's services are deemed to be performed in other than an instructional, research or principal administrative capacity.

 

EXAMPLE 2:  The same facts as EXAMPLE 1 except that the employer reports X's wages as a teacher separately from her wages as a teacher's aide. In this case, the provisions of Section 612 of the Act shall be applied separately for the teaching and non-teaching wages.

 

(Source:  Added at 44 Ill. Reg. 17668, effective October 23, 2020)

 

Section 2915.5  Ineligibility Between Academic Years Or Terms, Vacation Period Or Holiday Recess

 

a)         When an individual has employment in an educational institution or educational service agency in the first of two successive academic years or terms or prior to a vacation period or holiday recess, the individual shall be ineligible to receive benefits during the intervening period between academic years or terms, or during the vacation period or holiday recess, under the conditions provided in Sections 2915.10 and 2915.15.

 

b)         The ineligibility between academic years or terms, or during vacation periods or holiday recesses, stated in subsection (a) applies only when the claim for benefits is based on wages received from an educational institution or an educational service agency.  Benefits will be paid with respect to weeks of unemployment between academic years or terms, or during vacation periods or holiday recesses, if the claimant has sufficient wages for insured work in non-educational employment during the applicable base period if the individual is otherwise eligible.

 

c)         The ineligibility stated in subsection (a) applies to employees of an educational service agency only when their services are primarily provided at the facilities of an educational institution.

 

(Source:  Amended at 11 Ill. Reg. 19101, effective November 4, 1987)

 

Section 2915.10  Ineligibility Of Academic Personnel

 

a)         Where the service of an individual in an educational institution described in Section 2915.1, or for an educational service agency, during the first of two successive years or academic terms, or prior to a vacation period or holiday recess is performed in any capacity, such individual shall be ineligible for benefits during the intervening period:

 

1)         Between two successive academic years; or,

 

2)         Between two regular terms, whether or not successive; or,

 

3)         On paid sabbatical leave provided in the individual's contract; or,

 

4)         During the period of an established and customary vacation period or holiday recess;

 

b)         If there is a contract or a reasonable assurance, as defined in Section 2915.1, that the individual will perform services in any such capacity in the second of such academic years or terms, or at the conclusion of the vacation period or holiday recess, for any educational institution or educational service agency.

 

Section 2915.15  Period Between Academic Years Or Terms, Vacation Period Or Holiday Recess

 

a)         The intervening period between two academic years or terms, whether or not successive, is the time span when an individual is not required either by contract or customary practice in educational institutions or educational service agencies to perform the services assigned to him.  Such period is usually defined by the beginning and end of classes.

 

b)         The period of an established and customary vacation period or holiday recess includes Christmas break or any other religious holiday season or spring vacation when they occur during the academic year or term.

 

Section 2915.20  Presumption Of Reasonable Assurance Of Continued Employment

 

The reasonable assurance referred to in Section 2915.10 shall be presumed if such individual has a written, verbal, or implied agreement that covers or extends into the second academic year or term, or after the vacation period or holiday recess, to perform for any educational institution or educational service agency, academic or non-academic services.  Continuation of service in the second academic year or term or after the vacation period or holiday recess is implied if there has been a pattern of such continuation from one academic year or term to another or following vacation periods or holiday recesses over a number of years or when the individual has not been given a notice of termination by the educational institution or educational service agency providing employment in the first of the two academic years or terms or prior to the vacation period or holiday recess.

 

Section 2915.25  Rebuttal Of The Presumption Of Reasonable Assurance Of Continued Employment

 

The individual employed by the educational institution or educational service agency must establish by a preponderance of the evidence that such individual no longer has a reasonable assurance of continued employment, in order to be eligible for benefits under this Part.  Such evidence may include a written notice of dismissal from the employer, a written statement under oath or such other evidence which tends to show that the presumption provided in Section 2915.20 is without basis.  In the event, however, that the educational institution or educational service agency files a protest to the claim and gives additional assurance that the individual will continue to be employed in the next academic year or term or following the vacation period or holiday recess, then the presumption of reasonable assurance of continued employment remains unless and until the educational institution or educational service agency either gives a definite notice of termination or does not receive such individual back to work, whichever occurs first, or until the individual presents additional evidence to rebut the employer's statement.

 

Example:  Notices of dismissal are routinely sent out to employees at the end of the academic year or term, simply as a precaution on the chance that the budget may not be approved.  The individual submits this notice in evidence when filing a claim for benefits, but the educational institution affirmatively asserts in its response to the notice that a claim for benefits has been filed that the individual still has a reasonable assurance of continued employment.  Such individual shall be denied benefits because the presumption of his returning to work remains in effect.

 

Section 2915.30  Date Benefit Ineligibility Ceases to Apply

 

a)         If the individual overcomes the presumption of reasonable assurance of continued employment provided in Section 2915.20, the ineligibility to receive benefits set forth in Section 2915.10 shall cease to apply to that individual, effective with the week for which the individual filed a claim for benefits, if it has been found by the Department, in any proceeding, that, as of that week, the individual had no reasonable assurance of continued employment.

 

b)         If the additional assurance given by the educational institution or educational service agency described in Section 2915.25 fails to result in continued employment, the presumption becomes no longer effective from the date specified by the educational institution or educational service agency in its subsequent notice of dismissal to the individual or from the date the individual was scheduled to report back to work but the educational institution or educational service agency fails to take him or her back to service, whichever occurs first.  Except as provided in subsection (c), the ineligibility to receive benefits provided in Section 612 of the Act  and Section 2915.10 of this Part shall cease to apply to that individual on the date the presumption is determined to have become no longer effective.

 

c)         Notwithstanding subsections (a) and (b), if reasonable assurance fails to materialize and the individual was previously employed in a position other than that of one in an instructional, administrative or research capacity, the individual, who has filed his or her claim in accordance with 56 Ill. Adm. Code 2720.110 through 2720.125, shall be entitled to a retroactive payment of benefits if he or she is otherwise eligible for benefits.

 

(Source:  Amended at 43 Ill. Reg. 6555, effective May 14, 2019)

 

Section 2915.35  Benefits to Insured Workers in Educational Institutions

 

Benefits based on wages for services performed by an individual in the employ of an educational institution or educational service agency operated by a governmental entity or nonprofit organization provided in Sections 211.1 and 211.2 of the Act, respectively, shall be payable in the same amount, on the same terms, and subject to the same conditions, as any other benefits payable under the Act, except that the individual may be ineligible for benefits for the intervening period between academic years or terms as provided in Section 2915.5.

 

(Source:  Amended at 43 Ill. Reg. 6555, effective May 14, 2019)

 

Section 2915.40  Ineligibility of Employees Working in One Capacity for an Academic Employer Who Cross Over Within Years or Terms to Work in Another Capacity for the Same Type of Academic Employer

 

a)         For the purposes of this Part, an individual can perform services for an academic employer in either or both of two capacities:  professional or non-professional.  "Professional" means services performed in an instructional, research, or principal administrative capacity.  "Non-professional" means all other services.

 

b)         For the purposes of this Part, there are two types of academic employers.  The first type is an educational institution, as well as an institution of higher education and an institution of higher learning.  The second type is an educational service agency.

 

c)         If an individual performs services for one type of academic employer in one capacity during the period before a vacation period or holiday recess within an academic year or term, and there is a reasonable assurance that the individual will perform services in a different capacity for the same type of academic employer for the period immediately subsequent to the vacation period or holiday recess, the individual shall be ineligible for benefits under Section 612 of the Act during the vacation period or holiday recess.

 

EXAMPLE:  If a teacher employed by an educational institution receives assurance that at the end of the Christmas holidays his employment with that educational institution will continue in January but in the capacity of a security guard rather than as a teacher, the individual has crossed over from one capacity to another and shall be ineligible for benefits under Section 612 of the Act during that period.

 

(Source:  Amended at 43 Ill. Reg. 6555, effective May 14, 2019)

 

Section 2915.43  Eligibility of Employees Working for an Academic Employer Who Cross Over Within an Academic Year or Term to Work for a Non-Academic Employer or for Another Type of Academic Employer

 

If an individual crosses over from an academic employer(see Section 2915.40(b)) a non-academic employer, or from one type of academic employer to another, following a vacation period or holiday recess within an academic year or term, the ineligibility imposed by Section 612 of the Act does not apply. This is true no matter in what capacity the individual performs services after the vacation period or holiday recess within an academic year or term for the subsequent employer.

 

EXAMPLE:  If a teacher employed by an educational institution receives assurance that at the end of the Christmas holidays his services as a teacher will continue in January in the employ of an educational service agency, the ineligibility imposed by Section 612 of the Act does not apply because the services performed immediately subsequent to the vacation period are not performed for the same type of academic employer.

 

(Source:  Amended at 43 Ill. Reg. 6555, effective May 14, 2019)

 

Section 2915.45  Eligibility of Employees Working for One Type of Academic Employer Who Cross Over Between Years or Terms to Work for Another Type of Academic Employer

 

Whenever an individual performs services in the employ of one type of academic employer during an academic year or term and there is reasonable assurance that the individual will perform services in the employ of another type of academic employer for a subsequent academic year or term, the individual shall not be ineligible under Section 612 of the Act during the period between the two academic years or terms.

 

EXAMPLE:  If a teacher employed by an educational institution receives assurance that at the end of the academic year his employment will continue for the next year for an educational service agency, the individual shall not be ineligible during that period under Section 612 of the Act.

 

(Source:  Amended at 43 Ill. Reg. 6555, effective May 14, 2019)

 

Section 2915.47  Eligibility of Employees Working in One Capacity Who Cross Over Between Years or Terms to Work in Another Capacity

 

Whenever an individual performs services in one capacity during an academic year or term and there is reasonable assurance that the individual will perform the services in a different capacity for a subsequent academic year or term, the individual shall not be ineligible under Section 612 of the Act during the period between the two academic years or terms.

 

EXAMPLE:  If a typist receives assurance that at the end of the academic year his employment will continue for the next year but in the capacity of a teacher, the individual shall not be ineligible during that period under Section 612 of the Act.

 

(Source:  Amended at 43 Ill. Reg. 6555, effective May 14, 2019)