Wage credits usage by applicants employed by institutions of higher education clarification

A bill for an act

relating to higher education; clarifying when wage credits may be used by applicants

employed by institutions of higher education; amending Minnesota Statutes 2024,

section 268.085, subdivision 7.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 268.085, subdivision 7, is amended to read:

Subd. 7.

School employees; between terms denial.

(a) Wage credits from employment

with an educational institution or institutions may not be used for unemployment benefit

purposes for any week during the period between two successive academic years or terms

if:

(1) the applicant had employment for an educational institution or institutions in the

prior academic year or term; and

(2) there is a reasonable assurance that the applicant will have employment for an

educational institution or institutions in the following academic year or term.

This paragraph applies to the period between two regular but not successive terms if

there is an agreement for that schedule between the applicant and the educational institution.

This paragraph does not apply if the subsequent employment is substantially less

favorable than the employment of the prior academic year or term, or the employment prior

to the vacation period or holiday recess.

(b) Paragraph (a) does not apply to any week during the period between two successive

academic years or terms if an applicant worked in a capacity other than instructional, research,

or principal administrative capacity.

(c) Paragraph (a) applies to a vacation period or holiday recess if the applicant was

employed immediately before the vacation period or holiday recess, and there is a reasonable

assurance that the applicant will be employed immediately following the vacation period

or holiday recess, including applicants who worked in a capacity other than instructional,

research, or principal administrative capacity.

(d) This subdivision applies to employment with an educational service agency if the

applicant performed the services at an educational institution or institutions. "Educational

service agency" means a governmental entity established and operated for the purpose of

providing services to one or more educational institutions.

(e) This subdivision applies to employment with Minnesota, a political subdivision, or

a nonprofit organization, if the services are provided to or on behalf of an educational

institution or institutions.

(f) Paragraph (a) applies beginning the Sunday of the week that there is a reasonable

assurance of employment.

(g) Employment and a reasonable assurance with multiple education institutions must

be aggregated for purposes of application of this subdivision.

(h) If all of the applicant's employment with any educational institution or institutions

during the prior academic year or term consisted of on-call employment, and the applicant

has a reasonable assurance of any on-call employment with any educational institution or

institutions for the following academic year or term, it is not considered substantially less

favorable employment.

(i) A "reasonable assurance" may be written, oral, implied, or established by custom or

practice.
new text begin
For purposes of this subdivision, reasonable assurance does not exist for an applicant

employed in an instructional or research capacity by an institution of higher education

unless:

new text end

new text begin

(1) the offer of employment for the following academic year or term is written and not

contingent on enrollment, funding, or program changes; or

new text end

new text begin

(2) the educational institution executes a contract providing that if the applicant is not

employed in the following academic year or term, the institution must pay the applicant an

amount equal to 50 percent of the amount the applicant would have earned in the following

academic term had the employment not been terminated.

new text end

(j) An "educational institution" is a school, college, university, or other educational entity

operated by Minnesota, a political subdivision or instrumentality thereof, or a nonprofit

organization.

(k) An "instructional, research, or principal administrative capacity" does not include

an educational assistant.

new text begin

EFFECTIVE DATE.

new text end

new text begin

This section is effective July 1, 2026, and applies to determinations

of eligibility made on or after that date.

new text end