                                 CODE OF VIRGINIA

BENEFITS BASED ON EMPLOYMENT BY STATE OR POLITICAL SUBDIVISION, CERTAIN
HOSPITALS, EDUCATIONAL INSTITUTIONS AND CHARITABLE, ETC., ORGANIZATIONS (§
60.2-615)

Benefits based on service in employment defined in subsection A of § 60.2-213
shall be payable in the same amount on the same terms and subject to the same
conditions as benefits payable on the basis of other service subject to this
title, except that:

A. 1. Benefits based on service in an instructional, research, or principal
administrative capacity for an educational institution shall not be paid to an
individual for any week of unemployment commencing during the period between two
successive academic years or terms, or during a similar period between two
regular but not successive terms, or during a period of paid sabbatical leave
provided for in the individual&#8217;s contract, if the individual performs such
services in the first of such academic years or terms and if there is a contract
or a reasonable assurance that such individual will perform services in any such
capacity for any educational institution in the second of such academic years or
terms.

   2. The provisions of this subsection relating to the denial of benefits shall
   apply to an individual who performs such services on a part-time or substitute
   basis.

B. 1. Benefits based on service in any capacity, other than an instructional,
research, or principal administrative capacity, for an educational institution
shall not be paid to any individual for any week which commences during a period
between two successive academic years or terms if such individual performs such
services in the first of such academic years or terms and there is a reasonable
assurance that such individual will perform such services in the second of such
academic years or terms.

   2. The provisions of this subsection relating to the denial of benefits shall
   apply to an individual who performs such services on a part-time or substitute
   basis.

   3. If compensation is denied to any individual for any week which occurs
   during the period between academic years or terms under this subsection and
   such individual was not offered an opportunity to perform such services for
   the educational institution for the second of such academic years or terms,
   such individual shall be entitled to a retroactive payment of the compensation
   for each week for which the individual filed a timely claim for compensation
   and for which compensation was denied solely by reason of this subsection.

C. Benefits based on services performed in an educational institution while
employed by an educational service agency shall not be payable to any individual
who provided such services under the same circumstances and subject to the same
terms and conditions as described in subsections A, B and E of this section. For
purposes of this subsection &#8220;educational service agency&#8221; means a
governmental agency or governmental entity which is established and operated
exclusively for the purpose of providing such services to one or more
educational institutions.

D. Benefits based on services provided to or on behalf of an educational
institution while employed by a governmental entity or nonprofit organization
shall not be payable to any individual who provided such services under the same
circumstances and subject to the same terms and conditions as described in
subsections A, B, C and E of this section.

E. For services described in subsections A and B of this section, compensation
payable on the basis of such services shall be denied to any individual for any
week which commences during an established and customary vacation period or
holiday recess if such individual performs such services in the period
immediately before such vacation period or holiday recess, and there is a
reasonable assurance that such individual will perform such services in the
period immediately following such vacation period or holiday recess.

HISTORY: 1971, Ex. Sess., c. 235, § 60.1-52.3; 1977, c. 330; 1979, c. 652;
1981, c. 328; 1983, c. 14; 1984, cc. 204, 458; 1985, c. 152; 1986, c. 480.