SF 4806
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/26/2026 09:17 a.m.
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A bill for an act
relating to higher education; clarifying when wage credits may be used by applicants
employed by institutions of higher education; amending Minnesota Statutes 2024,
section 268.085, subdivision 7.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 268.085, subdivision 7, is amended to read:
Subd. 7.
School employees; between terms denial.
(a) Wage credits from employment
with an educational institution or institutions may not be used for unemployment benefit
purposes for any week during the period between two successive academic years or terms
if:
(1) the applicant had employment for an educational institution or institutions in the
prior academic year or term; and
(2) there is a reasonable assurance that the applicant will have employment for an
educational institution or institutions in the following academic year or term.
This paragraph applies to the period between two regular but not successive terms if
there is an agreement for that schedule between the applicant and the educational institution.
This paragraph does not apply if the subsequent employment is substantially less
favorable than the employment of the prior academic year or term, or the employment prior
to the vacation period or holiday recess.
(b) Paragraph (a) does not apply to any week during the period between two successive
academic years or terms if an applicant worked in a capacity other than instructional, research,
or principal administrative capacity.
(c) Paragraph (a) applies to a vacation period or holiday recess if the applicant was
employed immediately before the vacation period or holiday recess, and there is a reasonable
assurance that the applicant will be employed immediately following the vacation period
or holiday recess, including applicants who worked in a capacity other than instructional,
research, or principal administrative capacity.
(d) This subdivision applies to employment with an educational service agency if the
applicant performed the services at an educational institution or institutions. "Educational
service agency" means a governmental entity established and operated for the purpose of
providing services to one or more educational institutions.
(e) This subdivision applies to employment with Minnesota, a political subdivision, or
a nonprofit organization, if the services are provided to or on behalf of an educational
institution or institutions.
(f) Paragraph (a) applies beginning the Sunday of the week that there is a reasonable
assurance of employment.
(g) Employment and a reasonable assurance with multiple education institutions must
be aggregated for purposes of application of this subdivision.
(h) If all of the applicant's employment with any educational institution or institutions
during the prior academic year or term consisted of on-call employment, and the applicant
has a reasonable assurance of any on-call employment with any educational institution or
institutions for the following academic year or term, it is not considered substantially less
favorable employment.
(i) A "reasonable assurance" may be written, oral, implied, or established by custom or
practice.new text begin For purposes of this subdivision, reasonable assurance does not exist for an applicant
employed in an instructional or research capacity by an institution of higher education
unless:
new text end
new text begin
(1) the offer of employment for the following academic year or term is written and not
contingent on enrollment, funding, or program changes; or
new text end
new text begin
(2) the educational institution executes a contract providing that if the applicant is not
employed in the following academic year or term, the institution must pay the applicant an
amount equal to 50 percent of the amount the applicant would have earned in the following
academic term had the employment not been terminated.
new text end
(j) An "educational institution" is a school, college, university, or other educational entity
operated by Minnesota, a political subdivision or instrumentality thereof, or a nonprofit
organization.
(k) An "instructional, research, or principal administrative capacity" does not include
an educational assistant.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2026, and applies to determinations
of eligibility made on or after that date.
new text end