This bill amends Section 51-1-5 of the New Mexico Unemployment Insurance law to clarify the definition of "reasonable assurance" for employees of educational institutions. The new language specifies that "reasonable assurance" requires a written, oral, or implied offer of employment for the following academic year or term from an individual with the authority to make such offers. Additionally, the employment must be in a similar or higher capacity than the previous position, with compensation not less than ninety percent of the claimant's earnings in the current academic year. The offer must also not be contingent on factors within the educational institution's control, such as course programming or funding decisions.

The bill also includes provisions that ensure benefits are not denied to individuals who have been offered employment under these conditions, and it applies to all educational institutions operating in New Mexico. Furthermore, it establishes that if an individual is denied benefits due to a lack of reasonable assurance but was not offered an opportunity to perform services in the subsequent academic year, they are entitled to retroactive benefits for the weeks they filed claims. Overall, the bill aims to provide clearer guidelines for determining eligibility for unemployment benefits for educational employees during periods of unemployment between academic terms.

Statutes affected:
introduced version: 51-1-5