This bill amends Section 51-1-5 of the New Mexico Unemployment Compensation Law to define "reasonable assurance" specifically for employees of educational institutions. The new legal language clarifies that "reasonable assurance" requires a reasonable expectation of employment in a similar or higher capacity for the following academic year or term, based on several criteria. These criteria include the necessity for a written, oral, or implied offer of employment from an authorized individual, the employment being substantially the same or in a higher position than previous employment, and the offered compensation being at least 90% of the claimant's previous earnings. Additionally, the offer must not be contingent on factors within the educational institution's control.

The bill also specifies that the provisions regarding "reasonable assurance" apply to all educational institutions operating in New Mexico, whether public or private, for-profit or nonprofit. Furthermore, it ensures that individuals who are in training approved by the division will not be denied benefits, and it establishes that benefits will not be payable for services performed by aliens unless they meet specific residency criteria. Overall, the bill aims to provide clearer guidelines for determining eligibility for unemployment benefits for educational employees while ensuring that those in training or with valid employment offers are not unfairly denied assistance.

Statutes affected:
introduced version: 51-1-5