Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 2 - ELIGIBILITY AND DISQUALIFICATION FOR BENEFITS › Section 12-5-39 - Denial of benefits to employees of educational institutions and governmental agencies during specific periods

Current through June,
				2024
(a) As used in
				section
				383-29(b),
				Hawaii Revised Statutes, and this section:
(1) Individuals employed in an
				"instructional" capacity include persons engaged in teaching students in formal
				classrooms, and individuals who teach in less formal arrangements, such as
				tutorial relationships and direction of students in independent research and
				learning;
(2) Individuals employed
				in a "research" capacity include those who direct a research project and the
				staff directly engaged in gathering, correlating, and evaluating information
				and making findings. The individuals who provide supportive services for the
				research, such as typists, clerks, and electricians engaged in wiring the
				information processing equipment under the direction of the research staff, are
				not included in this term;
(3)
				Individuals employed in a "principal administrative" capacity include officers
				of the institution (such as the president), the board of directors, business
				managers, deans, associate deans, public relations directors, comptrollers,
				development officers, chief librarians, registrars, and individuals who,
				although they may lack official titles, actually perform in similar functions.
				The duties performed by the individual rather than the title that person holds
				shall determine whether or not that person is included in this term;
(4) "Service in any other capacity" includes
				all other services performed by employees of an educational institution or
				governmental agency such as the school secretary, office clerical staff, school
				lunch aides, cafeteria workers, school health aides, school security aides, and
				individuals who provide supportive services;
(5) "Professional capacity" includes the
				individuals engaged in instructional, research, and principal administrative
				capacities;
(6) "Nonprofessional
				capacity" includes the individuals engaged in performing "services in any other
				capacity" in an educational institution or governmental agency;
(7) "Institution of education" means an
				institution that:
(A) Offers an organized
				course of study or training designed to transfer knowledge, skills,
				information, doctrines, attitudes or abilities from, by or under the guidance
				of an instructor or teacher to participants, trainees, or students. Such course
				of study or training may be academic, technical, trade, or preparation for
				gainful employment in a recognized occupation; and
(B) Is approved, licensed or issued a permit
				to operate as a school by the State Department of Education, Board of
				Education, or other government agency that is authorized within the State to
				approve, license or issue permits for the operation of schools such as private,
				public, profit making, and non-profit institutions, whether the institutions
				are pre-schools, primary schools, secondary schools, preparatory or vocational
				schools, colleges, universities, junior or community colleges, or similar
				institutions within or without the State;
(8) "Sabbatical leave" includes any paid
				leave whether for professional improvement or other leave, where both the leave
				and the individual's resumption of work upon termination of the leave are
				provided for in the contract;
(9)
				"Established and customary vacation or recess for a holiday" includes the
				Christmas or spring break, or similar periods within an academic year or term,
				when that period has been placed on the school calendar for that school
				year;
(10) "Governmental agency,"
				as used in this section and section
				383-29(b),
				Hawaii Revised Statutes, includes an educational service agency and any
				federal, state, county, or other type of governmental agency which is
				established and operated exclusively for the purpose of providing
				instructional, research, or principal administrative services, or any other
				services to one or more educational institutions;
(11) The "contract" which an individual has
				with an institution of education or governmental agency may be written, oral,
				implied, or expressed. In some cases, the contract may be merely a notice of
				appointment or reappointment or a letter indicating that the individual's
				services have been accepted. Generally, as long as there is a mutual commitment
				between an individual and a particular institution, the individual's services
				shall be considered covered by a contract;
(12) "Reasonable assurance" means a written,
				oral, implied agreement that the individual will perform services or provides
				the individual with a realistic expectation of employment in an institution of
				education or governmental agency in an instructional, research, principal
				administrative, or any other capacity during the ensuing academic year or term.
				Notification from the institution of education or governmental agency to the
				individual of reemployment for the next academic year or term shall constitute
				reasonable assurance, provided there are sufficient facts to show that the
				individual can realistically expect to be reemployed during the ensuing
				academic year or term, including, but not limited to:
(A) The existence of a job opening;
(B) The nature and effect of any factors,
				such as:
(i) Future enrollment;
(ii) Availability of funding;
(iii) Vacancies due to absences of regular
				employees; or
(iv) The individual=s
				past employment with an institution of education or governmental
				agency;
(C) The
				employer=s practice or procedure in assignment and offering work to its
				employees; and
(D) Any other
				factors to be considered in determining realistic expectation for reemployment;
				and
(13) "Opportunity to
				perform such services" means an actual chance to perform these services for an
				institution of education or a governmental agency in the academic year or the
				term that follows. The offer shall specify the conditions under which the offer
				of work was made to the individual and upon which reasonable assurance was
				previously given. If it is established that the offer was not bona fide, as may
				be indicated by a dismissal shortly after the individual begins performance of
				the required service, the individual may be eligible for retroactive payment of
				benefits.