Oregon Revised Statutes Labor and Employment; Unlawful Discrimination § 657.221

(1)(a) Benefits based on services performed in other than an instructional, research or principal administrative capacity for an educational institution or institution of higher education shall be payable to an individual 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 chapter.

(b) Notwithstanding paragraph (a) of this subsection, benefits shall not be paid on the basis of such services for any week of unemployment that commences during a period between two successive academic years or terms if the individual performs the services in the first academic year or term and there is a reasonable assurance that the individual will perform the services in the second academic year or term for any institution.

(c) Notwithstanding paragraph (b) of this subsection, if benefits are denied to an individual for any week under paragraph (b) of this subsection and the individual was not offered an opportunity to perform such services for the institution for the second of the academic years or terms, the individual shall be entitled, if otherwise eligible, to payment of benefits for each week for which the individual filed a timely claim for benefits and for which benefits were denied solely by reason of paragraph (b) of this subsection.

(2)(a) An individual who performs services described in subsection (1) of this section and who terminates an employee-employer relationship by electing not to accept an offer of work for a subsequent academic year or term, other than by reason of labor negotiations or a labor dispute in progress, shall be deemed to have voluntarily left work. The effective date of leaving shall be the date on which the individual notifies the institution of the election not to accept the offer of work for the subsequent period, except that if the individual continues to work under the terms of a previously existing contract or agreement, the effective date of leaving shall be the last day worked for the institution.

(b) If the institution does not extend to the individual an offer of work or provide a reasonable assurance the individual is expected to return to work for the institution following the period between the academic years or terms, the separation from work shall be considered an involuntary leaving or layoff.

(a) A nonprofit employing unit;

(b) This state;

(c) A political subdivision; or

(d) An Indian tribe.

(7)(a) If the United States Secretary of Labor serves notice that any provisions of this section, or rules adopted under this section, fail to meet the requirements of the Social Security Act   1 or the Federal Unemployment Tax Act   2, the nonconforming provisions or rules shall no longer be of any force or effect.

(b) The Director of the Employment Department shall notify the Legislative Counsel as soon as practicable after receipt of the notice described in paragraph (a) of this subsection.