TEXAS UNEMPLOYMENT COMPENSATION LAW

TEXAS UNEMPLOYMENT COMPENSATION LAW
A. Sources of Law, Organization, and Websites
The Texas Unemployment Compensation Act is found at TEX. LABOR CODE ANN.
CHAPTER 201.
The “Texas Workforce Commission” (referred to herein as “TWC”) is the state agency
that administers the act pursuant to TEX. LABOR CODE ANN. CHAPTER 301. Prior to 1995,
the agency that administered the act was called the “Texas Employment Commission,” and the
older case law will refer to it (or TEC) rather than the Texas Workforce Commission or TWC.
Pursuant to TEX. LABOR CODE ANN. §§301.061 and 302.002, the TWC has enacted rules and
regulations, and the rules and regulations for unemployment insurance may be found at 40 TEX.
ADMIN. CODE Chapter 815. UNEMPLOYMENT INSURANCE.
TWC has a detailed website at http://www.twc.state.tx.us. You will need to make sure
that you have Adobe Acrobat Reader to access many of the items in the website. When you
open the website, it will have a map of Texas surrounded by boxes with various headings that are
interactive links to the website. Click on the heading that says “JOB SEEKERS AND
EMPLOYEES”. When you click on this heading, it will take you to a table of contents and the
topics are also interactive links to the site. Click on the heading that says “Unemployment Claim
and Appeals Information,” and it will take you to the table of contents for “Unemployment
Claim and Appeals Information,” which is located at the following address:
http://www.twc.state.tx.us/customers/jsemp/jsempsub2.html. Another helpful part of the website
is the table entitled “Laws: Statutes and Rules” located at
http://www.twc.state.tx.us/customers/rpm/rpmsub1.html and the headings are interactive links to
the laws and rules.
The website includes a complete copy of the above mentioned rules, and the index to the
rules may be found in a table located at http://www.twc.state.tx.us/twcinfo/rules/twcrules.html.
The unemployment compensation rules are found in Chapter 815 in the table and may be
accessed in either PDF (requires Adobe Acrobat to read) or Word 97 format. In addition to the
rules, the TWC Appeals Manual, which describes the appeals process and states the procedures
for the handling of appeals, may be found at http://www.twc.state.tx.us/ui/appl/app_man1.html.
The TWC Appeals Policy and Precedent Manual, which contains digest paragraphs of case
holdings made or approved by the Commission and designated by the Commission to stand as
precedent, is available online also at http://www.twc.state.tx.us/ui/appl/app_manual.html.

207.041. SERVICES IN EDUCATIONAL INSTITUTIONS: "reasonable assurance that the individual will perform services

 § 207.041. SERVICES IN EDUCATIONAL INSTITUTIONS.  (a)
Benefits are not payable to an individual based on services
performed in an instructional, research, or principal
administrative capacity for an educational institution for a week
beginning during the period between two successive academic years
or terms or under an agreement providing for a similar period
between two regular but not successive terms if:
  (1)  the individual performed the services in the first
of the academic years or terms;  and
  (2)  there is a contract or reasonable assurance that
the individual will perform services in that capacity for any
educational institution in the second of the academic years or
terms.
 (b)  Benefits are not payable to an individual based on
services performed for an educational institution in a capacity
other than a capacity described by Subsection (a) for a week that
begins during a period between two successive academic years or
terms if:
  (1)  the individual performed the services in the first
of the academic years or terms;  and
  (2)  there is a reasonable assurance that the
individual will perform the services in the second of the academic
years or terms.
 (c)  Notwithstanding Subsection (b), if benefits are denied
to an individual for any week under Subsection (b) and the
individual is not offered an opportunity to perform services for
the educational institution for the second of the academic years or
terms, the individual is entitled to a retroactive payment of the
benefits for each week that:
  (1)  the individual filed a timely claim for benefits; 
and                
  (2)  the benefits were denied solely because of
Subsection (b).            
 (d)  Benefits are not payable to an individual based on
services performed for an educational institution for a week that
begins during an established and customary vacation period or
holiday recess if:
  (1)  the individual performed the services in the
period immediately before the vacation period or holiday recess; 
and
  (2)  there is a reasonable assurance that the
individual will perform the services in the period immediately
following the vacation period or holiday recess.
 (e)  Benefits are not payable as provided under this section
to an individual based on services performed in an educational
institution if the individual performed the services while employed
by an educational service agency.  For the purposes of this
subsection, "educational service agency" means a governmental
agency or other governmental entity that is established and
operated exclusively to provide services to one or more educational
institutions.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. 

TPU 105.00: Substitute teachers may have reasonable

600 EDUCATIONAL INSTITUTION PERSONNEL HEARINGS

7. The following is current Commission policy, Appeal No. 82-4799-10-0782 (TPU 105.00), with regard to substitute teachers:

8. The following are some factors the Hearing Officer should keep in mind when deciding whether or not a substitute teacher had reasonable assurance of being called the next year or term:

1. The Hearing Officer should find out how long the claimant has been on a substitute teacher list for this employer and how many times they have been called.
   
   
2. The Hearing Officer should also determine the total number of people on the past substitute list and the probable number of people on the next year's list.
   
   
3. The method the employer uses in determining what people will be called from the substitute list should be explored.
   

APPEALS POLICY AND PRECEDENT MANUAL

TOTAL AND PARTIAL UNEMPLOYMENT

TPU 105.00

TPU 105.00 CONTRACT OBLIGATION.
INCLUDES CASES IN WHICH THE CLAIMANT'S CONTRACTS
OR AGREEMENTS HAVE AN EFFECT ON DETERMINING HIS
UNEMPLOYMENT STATUS.

Appeal No. 82-4799-10-0782. Substitute teachers may have reasonable
assurance of continued employment within the meaning of
Section 3(f) (now codified as Section 207.041) of the Act. In determining
whether such reasonable assurance exists with regard to
substitute teachers, the following criteria should be utilized:
The school district must furnish to the Commission
written statements which provide facts that the substitute
teacher has been asked to continue in the
same capacity for the following academic year. Simply
placing the substitute teacher on a list for the following
year does not establish reasonable assurance.
It must be shown that both parties expect the relationship
to resume at the beginning of the following
year. The assurance must also be based on past experience
with regard to the number of substitutes
needed in the past.