S T A T E O F N E W Y O R K
________________________________________________________________________
5860
2025-2026 Regular Sessions
I N A S S E M B L Y
February 24, 2025
___________
Introduced by M. of A. VALDEZ -- read once and referred to the Committee
on Labor
AN ACT to amend the labor law, in relation to unemployment benefits
based on employment with certain educational institutions; and to
repeal certain provisions of such law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The opening paragraph of subdivision 10 of section 590 of
the labor law, as amended by chapter 734 of the laws of 2004, is amended
to read as follows:
Benefits based on professional employment with educational insti-
tutions, including the state university of New York, the city university
of New York and any public community colleges. If a claimant was
employed in an instructional, research, or principal administrative
capacity by an institution of education, including the state university
of New York, the city university of New York and any public community
colleges, or performed services in such an institution in such capacity
while employed by an educational service agency, the following shall
apply to any week commencing during the period between two successive
academic years or terms, or during a similar period between two regular
but not successive terms when the contract provides therefor instead,
provided the claimant has a contract to perform SERVICES, or there is a
reasonable assurance that the claimant will perform SERVICES, [services]
in such capacity for any such institution or institutions for both of
such academic years or such terms, and to any week commencing during an
established and customary vacation period or holiday recess, not between
such academic terms or years, provided the claimant performed services
for such institution immediately before such vacation period or holiday
recess and there is a reasonable assurance that the claimant will
perform any services described in this subdivision or subdivision eleven
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09293-01-5
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of this section in the period immediately following such vacation period
or holiday recess:
§ 2. Subdivision 11 of section 590 of the labor law is REPEALED and a
new subdivision 11 is added to read as follows:
11. (A) FOR PURPOSES OF SUBDIVISION TEN OF THIS SECTION, A "CONTRACT
TO PERFORM SERVICES" SHALL REFER ONLY TO AN ENFORCEABLE, NON-CONTINGENT
AGREEMENT THAT PROVIDES FOR COMPENSATION: FOR THE ENTIRE ACADEMIC YEAR;
OR ON AN ANNUAL BASIS, PROVIDED, HOWEVER, THAT THE CONTRACT TERMS
DESCRIBING COMPENSATION NEED NOT BE EXPRESSED SPECIFICALLY AS AN ANNUAL
SALARY. A "CONTRACT TO PERFORM SERVICES" MUST SATISFY ALL OF THE
FOLLOWING CONDITIONS:
(1) THE EDUCATIONAL INSTITUTION HAS MADE A WRITTEN, ORAL OR IMPLIED
OFFER OF EMPLOYMENT, WHICH MUST BE GENUINE, TO THE CLAIMANT FOR EITHER
THE SECOND ACADEMIC YEAR OR TERM OR FOR THE PERIOD FOLLOWING AN ESTAB-
LISHED OR CUSTOMARY VACATION PERIOD OR HOLIDAY RECESS;
(2) SUCH OFFER WAS MADE BY AN EMPLOYEE OF THE EDUCATIONAL INSTITUTION
WITH AUTHORITY TO MAKE SUCH OFFER;
(3) SUCH OFFER IS FOR SERVICES IN THE SAME CAPACITY AS THE SERVICES
THE CLAIMANT PERFORMED FOR THE EDUCATIONAL INSTITUTION IN THE PRIOR
ACADEMIC YEAR OR TERM OR IN THE PERIOD BEFORE AN ESTABLISHED OR CUSTOM-
ARY VACATION PERIOD OR HOLIDAY RECESS; AND
(4) THE WAGES OR SALARY IN SUCH OFFER ARE IN AN AMOUNT NOT LESS THAN
NINETY PERCENT OF THE AMOUNT PAID TO THE CLAIMANT DURING THE FIRST
ACADEMIC YEAR OR TERM OR DURING THE PERIOD BEFORE AN ESTABLISHED OR
CUSTOMARY VACATION PERIOD OR HOLIDAY RECESS.
(B) FOR PURPOSES OF SUBDIVISION TEN OF THIS SECTION, A DETERMINATION
THAT THERE IS A "REASONABLE ASSURANCE" SHALL REQUIRE MEETING ALL OF THE
REQUIREMENTS SET FORTH IN SUBPARAGRAPHS ONE THROUGH FOUR OF PARAGRAPH
(A) OF THIS SUBDIVISION AND THE FOLLOWING CONDITIONS:
(1) SUCH OFFER IS NOT CONTINGENT ON FACTORS WITHIN THE CONTROL OF SUCH
EDUCATIONAL INSTITUTION INCLUDING, BUT NOT LIMITED TO, COURSE PROGRAM-
MING, ALLOCATION OF AVAILABLE FUNDING, PROGRAM MODIFICATIONS, OR FACILI-
TY AVAILABILITY; AND
(2) BASED ON THE TOTALITY OF THE CIRCUMSTANCES, IT IS HIGHLY PROBABLE
THAT THERE IS A JOB AVAILABLE FOR THE CLAIMANT IN THE SAME CAPACITY
DURING THE SECOND ACADEMIC YEAR OR TERM OR DURING THE PERIOD FOLLOWING
AN ESTABLISHED OR CUSTOMARY VACATION PERIOD OR HOLIDAY RECESS, INCLUD-
ING, BUT NOT LIMITED TO, AVAILABILITY OF FUNDING, ENROLLMENT LEVELS, THE
CLAIMANT'S LEVEL OF SENIORITY, BUDGETING AND ASSIGNMENT PRACTICES AT THE
EDUCATIONAL INSTITUTION, THE NUMBER OF OFFERS MADE IN RELATION TO THE
NUMBER OF POTENTIAL ASSIGNMENTS, THE PERIOD OF STUDENT REGISTRATION, AND
ANY OTHER CONTINGENCIES IN THE OFFER. WHEN CONSIDERING WHETHER FUNDING
SHALL BE AVAILABLE, THE FOLLOWING CRITERIA SHALL BE CONSIDERED: (I) THE
HISTORY OF THE EDUCATIONAL INSTITUTION'S FUNDING, AND THE LIKELIHOOD
THAT THE EDUCATIONAL INSTITUTION WILL RECEIVE SUCH FUNDING, FOR A
SPECIFIC COURSE; AND (II) THE CLAIMANT'S LIKELIHOOD OF RECEIVING AN
ASSIGNMENT.
(C) REASONABLE ASSURANCE SHALL BE DETERMINED ON A CASE-BY-CASE BASIS
BY THE TOTAL WEIGHT OF EVIDENCE RATHER THAN THE EXISTENCE OF ANY ONE
FACTOR. PRIMARY WEIGHT SHALL BE GIVEN TO THE CONTINGENT NATURE OF AN
OFFER OF EMPLOYMENT BASED ON ENROLLMENT, FUNDING AND PROGRAM CHANGES;
PROVIDED, HOWEVER, THAT IN ANY UNEMPLOYMENT INSURANCE PROCEEDING, A
WRITTEN LETTER FROM AN EDUCATIONAL INSTITUTION TO A CLAIMANT WHICH MAKES
EMPLOYMENT CONDITIONAL SHALL NOT BE PRIMA FACIE EVIDENCE OF REASONABLE
ASSURANCE TO BE USED TO DENY A CLAIM FOR UNEMPLOYMENT. THE EDUCATIONAL
INSTITUTION SHALL SUPPLY SPECIFIC DOCUMENTATION TO SUPPORT ITS OBJECTION
A. 5860 3
THAT IT HAS PROVIDED A CONTRACT TO PERFORM SERVICES AND/OR REASONABLE
ASSURANCE. IF THE EDUCATIONAL INSTITUTION FAILS TO SUPPLY SUCH SPECIFIC
DOCUMENTATION, THE OBJECTION SHALL BE DEEMED INVALID.
(D) (1) THE PROVISIONS OF SUBDIVISION TEN OF THIS SECTION SHALL NOT BE
INTERPRETED, IMPLEMENTED, OR OTHERWISE CONSTRUED IN ANY WAY TO APPLY TO
SERVICES IN A NONPROFESSIONAL CAPACITY.
(2) FOR THE PURPOSES OF THIS SUBDIVISION AND SUBDIVISION TEN OF THIS
SECTION:
(I) "PROFESSIONAL CAPACITY" SHALL STRICTLY APPLY TO SERVICES PERFORMED
IN AN INSTRUCTIONAL, RESEARCH, OR PRINCIPAL ADMINISTRATIVE CAPACITY WITH
EDUCATIONAL INSTITUTIONS, INCLUDING THE STATE UNIVERSITY OF NEW YORK,
THE CITY UNIVERSITY OF NEW YORK AND ANY PUBLIC COMMUNITY COLLEGE.
(II) "SERVICES IN A NONPROFESSIONAL CAPACITY" SHALL APPLY TO SERVICES
IN ANY CAPACITY OTHER THAN A PROFESSIONAL CAPACITY AND ENCOMPASSES ANY
SERVICES OTHER THAN AN INSTRUCTIONAL, RESEARCH, OR PRINCIPAL ADMINISTRA-
TIVE CAPACITY, REGARDLESS OF THE LEGAL OR EDUCATIONAL REQUIREMENTS TO
PERFORM SUCH SERVICES.
§ 3. This act shall take effect immediately.