Facts About Reasonable Assurance of Employment

Teacher and Bus

What is reasonable assurance?

Reasonable assurance is a written or verbal agreement by the employer that the employee will perform services in the same or similar capacity during the next academic year, term or remainder of a term. This agreement can be written, verbal or implied, and does not have to be the same school or educational service agency.

Reasonable assurance does not exist if the conditions of the position offered in the next academic period substantially differ from the terms and conditions of the position in the prior term.

In the event employment is not available at the end of the break period, and the claimant was given reasonable assurance before the break, the claimant may be eligible for retroactive payments. Some of the eligibility requirements to receive retroactive payments include but are not limited to:

  • Filed weekly claims throughout the break period
  • Remained available and physically able to work during the break
  • Conducted weekly work searches during the break
  • The claimant notifies the Department of Labor as soon as possible when it is clear the claimant will not be returning to work

If all the eligibility requirements are not met, retroactive benefits may be denied. However, an application may be filed requesting benefits going forward from the application date.

School employees and educators may be entitled to collect unemployment insurance but have a different criteria to determine eligibility for unemployment insurance. This video provides information on factors in determining Reasonable Assurance, how to notify your employees of Reasonable Assurance and more. Click here for video transcript.

Reasonable Assurance School Employers

Reasonable Assurance - School Employers

School employees and educators may be entitled to collect unemployment benefits but have different criteria for determining eligibility.

Who is considered a school employee?

For unemployment purposes, a school employee is a person who works for or provides services for an educational institution or an educational service agency that contracts work to schools.

A professional school employee is one who performs in an instructional, research or principal administrative capacity, such as a teacher, principal, coach, etc.

All other school employees are considered to be nonprofessional, such as custodians, cafeteria workers, paraprofessionals, teacher’s aides, crossing guards, bus drivers, etc.

Factors in determining reasonable assurance

The Department of Labor will consider several things when determining if reasonable assurance exists. These may include:

  • The past employer/employee relationship
  • An established understanding that the employee will return to work
  • If the employee has placed his/her name on a list of available workers
  • Whether the employee has reason to believe he/she will not be called back

How to notify employees of reasonable assurance

Notice should include clear verbiage giving the individual reasonable assurance. Notice should include:

  • Business/employer name
  • Date
  • Employee’s name
  • Issuer’s name and position
  • Starting date of school year
  • Ending date of school year
  • Dates of any scheduled vacations
  • Dates of any holiday periods

If you have additional questions, call:

Kansas City ............................................ (913) 596-3500
Topeka ................................................... (785) 575-1460
Wichita ................................................... (316) 383-9947
Toll free outside these areas ................. (800) 292-6333