An Act To Provide Equity for Seasonal Public School Employees Concerning Unemployment
Maine Legislature, Session 126, LD 1329
Committee: Labor, Commerce, Research and Economic Development
Sponsors: PATRICK, HERBIG, GERZOFSKY, HASKELL, JACKSON, MILLETT, TUTTLE, BROOKS, CAREY
Amends: 26 MRSA §1192

Legislative Document 
No. 1329 
S.P. 460 
In Senate, April 3, 2013 
An Act To Provide Equity for Seasonal Public School Employees 
Concerning Unemployment 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator PATRICK of Oxford. 
Cosponsored by Representative HERBIG of Belfast and 
Senators: GERZOFSKY of Cumberland, HASKELL of Cumberland, JACKSON of Aroostook, 
MILLETT of Cumberland, TUTTLE of York, Representatives: BROOKS of Winterport, 
CAREY of Lewiston. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  26 MRSA §1192, sub-§7, ¶B, as amended by PL 1983, c. 13, §7, is 
repealed. 
Sec. 2.  26 MRSA §1192, sub-§7, ¶C, as amended by PL 1977, c. 585, §2, is 
further amended to read: 
C.    With respect to weeks of unemployment beginning after December 31, 1977, 
benefits shall must be denied to any individual for any week which that commences 
during an established and customary vacation period or holiday recess if such 
individual performs any services described in paragraphs paragraph A or B services 
in any other capacity in the period immediately before such vacation period or 
holiday recess, and there is annual written reasonable assurance that such individual 
will perform any such services in the period immediately following such vacation 
period or holiday recess.  This paragraph does not apply to an individual who is 
employed in a capacity other than an instructional, research or principal 
administrative capacity with respect to any week that commences during a period 
between 2 successive academic years or terms; and 
Sec. 3.  26 MRSA §1192, sub-§7, ¶D, as enacted by PL 1979, c. 515, §14, is 
amended to read: 
D.    With respect to weeks of unemployment beginning after June 30, 1979, benefits 
shall must be denied to an individual who performed services in an educational 
institution while in the employ of an educational service agency for any week which 
that commences during a period described in paragraphs paragraph A, B and C if that 
individual performs any services described in paragraphs paragraph A or B in the first 
of these periods, as specified in the applicable paragraph, and there is a contract or a 
reasonable assurance as applicable in the appropriate paragraph, that the individual 
will perform these services in the 2nd of these periods, as applicable in the 
appropriate paragraph and benefits must be denied to such an individual for any week 
that commences during a period described in paragraph C if that individual performs 
any services described in paragraph A or any other services in the first of these 
periods and there is reasonable assurance that the individual will perform these 
services in the 2nd of these periods. For purposes of this paragraph the term 
"educational service agency" means a governmental agency or governmental entity 
which that is established and operated exclusively for the purposes of providing these 
services to one or more educational institutions. 
SUMMARY 
This bill allows school employees, except those that work in an instructional, 
research or principal administrative capacity, to collect unemployment benefits during 
months they are not employed.