News & Information

CCH® UNEMPLOYMENT INSURANCE — 6/30/16

California appellate court holds that summer term is not considered “academic term” within meaning of statute

In an appeal from a writ of administrative mandate, the court affirmed a ruling that denied benefits during the summer to claimants who were members of a teacher’s union. The claimants were substitute teachers and paraprofessionals and had received reasonable assurance of employment for the next school year beginning in the fall. The court agreed with the trial court’s interpretation of the statute, concluding that the statutory language unambiguously provides that public school employees who are employed in the spring term, and have received reasonable assurance of reemployment for the following fall term, are not eligible to receive benefits during the intervening summer, regardless of whether their school district offers a summer session. The court concluded that summer school is not an academic term within the meaning of the statute’s reference to academic years or terms. In the separate companion appeal, the court also affirmed the ruling that invalidated an Appeals Board precedent benefit decision, which would have permitted public school employees to receive unemployment benefits during summer months provided certain conditions were met (United Educators of San Francisco AFT/CFT, AFL-CIO, NEA/CTA v. UIAB, Cal. App. Ct., First District, DIVISION ONE. No. A142858, June 6, 2016).