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The department has filed a temporary rule to change eligibility requirements for unemployment insurance benefits for employees of educational institutions. The temporary change in the rule is being filed to make sure an element of Oregon’s definition of the term “reasonable assurance” is consistent with new federal requirements. The term “reasonable assurance” means whether or not it is likely an employee working for an educational institution will be returning to work after a break.

On December 22, 2016, the U.S. Department of Labor issued Unemployment Insurance Program Letter (UIPL) 5-17. The letter specifies one of the requirements for “reasonable assurance” is that employees working for educational institutions who voluntarily quit work for good cause do not have reasonable assurance to return to work. Oregon’s rule currently indicates the opposite, that even employees who quit for good cause still have reasonable assurance that they will be returning to work. The department determines whether an employee voluntarily quit work for good cause according to OAR 471-030-0038(4) and (5).

This change will enable employees who worked for educational institutions, and who are receiving benefits after having quit their job, to continue being able to receive unemployment insurance benefits during school breaks. The department is pursuing a temporary rule at this time to ensure individuals who may qualify for benefits under the new definition can take advantage of the change prior to any upcoming break or school recess periods such as spring break or summer recess. The department intends to make this rule permanent within the next 180 days and will provide advance notice of that future rulemaking to “interested parties” who have asked to be notified of our rulemaking. To be added to our “interested parties” list, click here, create an account, and select Administrative Rules as the Subscription Topic.

Attached you will find copies of the Temporary Administrative Rules Worksheet, Statement of Need and Justification for Temporary Rule, and the temporary rule. This information as well as an overview and other details can be viewed on the Oregon website: http://www.oregon.gov/EMPLOY/Agency/Pages/OED%20Administrative%20Rules.aspx.


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