Title 56 IDES RULES Part 2915
R-174 (05/11)
c) The ineligibility stated in subsection (a) applies to employees of an educational service agency only when their
services are primarily provided at the facilities of an educational institution.
(Source: Amended at 11 Ill. Reg. 19101, effective November 4, 1987)
Section 2915.10 Ineligibility Of Academic Personnel
a) Where the service of an individual in an educational institution described in Section 2915.1, or for an educational
service agency, during the first of two successive years or academic terms, or prior to a vacation period or holiday
recess is performed in any capacity, such individual shall be ineligible for benefits during the intervening period:
1) Between two successive academic years; or,
2) Between two regular terms, whether or not successive; or,
3) On paid sabbatical leave provided in the individual's contract; or,
4) During the period of an established and customary vacation period or holiday recess;
b) If there is a contract or a reasonable assurance, as defined in Section 2915.1, that the individual will perform
services in any such capacity in the second of such academic years or terms, or at the conclusion of the vacation
period or holiday recess, for any educational institution or educational service agency.
Section 2915.15 Period Between Academic Years Or Terms, Vacation Period Or Holiday Recess
a) The intervening period between two academic years or terms, whether or not successive, is the time span when an
individual is not required either by contract or customary practice in educational institutions or educational service
agencies to perform the services assigned to him. Such period is usually defined by the beginning and end of classes.
b) The period of an established and customary vacation period or holiday recess includes Christmas break or any other
religious holiday season or spring vacation when they occur during the academic year or term.
Section 2915.20 Presumption Of Reasonable Assurance Of Continued Employment
The reasonable assurance referred to in Section 2915.10 shall be presumed if such individual has a written, verbal, or
implied agreement that covers or extends into the second academic year or term, or after the vacation period or holiday
recess, to perform for any educational institution or educational service agency, academic or non-academic services.
Continuation of service in the second academic year or term or after the vacation period or holiday recess is implied if
there has been a pattern of such continuation from one academic year or term to another or following vacation periods or
holiday recesses over a number of years or when the individual has not been given a notice of termination by the
educational institution or educational service agency providing employment in the first of the two academic years or
terms or prior to the vacation period or holiday recess.
Section 2915.25 Rebuttal Of The Presumption Of Reasonable Assurance Of Continued Employment
The individual employed by the educational institution or educational service agency must establish by a preponderance
of the evidence that such individual no longer has a reasonable assurance of continued employment, in order to be
eligible for benefits under this Part. Such evidence may include a written notice of dismissal from the employer, a
written statement under oath or such other evidence which tends to show that the presumption provided in Section
2915.20 is without basis. In the event, however, that the educational institution or educational service agency files a
protest to the claim and gives additional assurance that the individual will continue to be employed in the next academic
year or term or following the vacation period or holiday recess, then the presumption of reasonable assurance of
continued employment remains unless and until the educational institution or educational service agency either gives a
definite notice of termination or does not receive such individual back to work, whichever occurs first, or until the
individual presents additional evidence to rebut the employer's statement.
Example: Notices of dismissal are routinely sent out to employees at the end of the academic year or term, simply as
a precaution on the chance that the budget may not be approved. The individual submits this notice in evidence
when filing a claim for benefits, but the educational institution affirmatively asserts in its response to the notice that
a claim for benefits has been filed that the individual still has a reasonable assurance of continued employment. Such
individual shall be denied benefits because the presumption of his returning to work remains in effect.
