Senate Bill S4123

                                 BILL NUMBER:  S4123A

 TITLE OF BILL :
An act to amend the labor law, in relation to unemployment insurance
benefits for professional employment by certain education institutions


 PURPOSE :
This legislation will ensure that professionals employed in two-year
and four-year colleges who are not given reasonable assurance of
continued employment will be eligible for unemployment insurance
during periods of unemployment.

 SUMMARY OF PROVISIONS :
The bill adds a new paragraph (d) to Labor Law section 590(10) to
clarify that employees performing in a principal, administrative,
research or instructional position at two-year and four-year colleges
and universities in New York are presumed not to have reasonable
assurance of continued employment when their positions are conditioned
on enrollment, funding or program changes. They would be eligible for
unemployment benefits during periods of unemployment unless their
employer provides sufficient documentation to overcome this
presumption. An employer's letter stating that employment is
conditional would not constitute prima facie evidence of reasonable
assurance.

              

 JUSTIFICATION :
Unemployment insurance is intended to help workers during periods of
unemployment when they lack income through no fault of their own.
Currently, however, many part-time faculty members at colleges and
universities in New York are unable to receive unemployment benefits
when they become unemployed between semesters if their employer claims
they have a "reasonable assurance" of continued employment, but do not
re-hire them when the next semester starts. This leaves many faculty
in a state of limbo as to whether they will have a job when the new
semester starts since their employer's decision often depends upon
contingent factors such as enrollment, funding, and programmatic
changes. It is not uncommon for employers to initially provide
part-time faculty with a letter of intent that their jobs will
continue the following semester, but then notify them very close to
the start of the new semester that their employment will not be
continue. For many adjunct faculty, the few courses they teach are
their sole source of income.

The current law provides an incentive for colleges and universities to
wait as long as possible to officially disclose to faculty that they
will not be employed for the upcoming semester in order to avoid
paying unemployment insurance costs. As a result, faculty are only
eligible for unemployment insurance benefits from the time they are
officially notified of their nonrenewal for the next semester. By
comparison, other workers who are similarly out of work for months at
a time - such as construction workers and actors are eligible for
benefits during periods of seasonal unemployment. Other jurisdictions
such as California and Washington state allow their faculty employees
to collect benefits during periods when they are not working.

This bill will help to ensure that faculty members are treated
equitably under the current law as other workers who have no
reasonable assurance of future employment. It is reasonable and just
to afford these benefits to faculty who have no control over their
contract employment and therefore have "no reasonable assurance" of
continued employment.

 LEGISLATIVE HISTORY :
2007-2008: A.2515 Reported to Ways & Means; S.4845 Referred to Labor
2006: S.4830-A Advanced to 3rd reading; A.8201-B Reported to Rules
 FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.