South Carolina Code of Laws
Chapter 35 - Employment And Workforce - Benefits And Claims
Section 41-35-20. Payment of benefits based on certain services in schools or institutions of higher education.

(1) Benefits based on service in an instructional, research, or principal administrative capacity in an institution of higher education as defined in Section 41-27-290 or educational institution as defined in Section 41-27-340 must not be paid to an individual for any week of unemployment which begins during the period between two successive academic years, or during a similar period between two regular terms, whether or not successive, or during a period of paid sabbatical leave provided for in the individual's contract, if the individual has a contract or a reasonable assurance that the individual will perform services in this capacity for both these academic years or both these terms.
(2) With respect to services performed after December 31, 1977, in any other capacity for an educational institution or institution of higher education, irrespective of whether the institution is a public, private, or nonprofit organization, benefits are not payable on the basis of these services to any individual for any week which commences during a period between two successive academic years or terms if the individual performs these services in the first of those academic years or terms and there is a reasonable assurance that the individual will perform these services in the second of those academic years or terms. However, if compensation is denied to any individual under this subsection and the individual was not offered an opportunity to perform these services for the educational institution or institution of higher education for the second of these academic years or terms, the individual is entitled to a retroactive payment of 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.
(3) With respect to any services described in subsections (1) and (2), benefits are not payable on the basis of services in any such capacities to any individual for any week which commences during an established and customary vacation period or holiday recess if the individual performs these services in the period immediately before the vacation period or holiday recess, and there is a reasonable assurance that the individual will perform these services in the period immediately following the vacation period or holiday recess.
(4) With respect to any services described in subsections (1), (2), and (3) of this section, benefits are not payable on the basis of services in any such capacities to any individual who performed these services in an educational institution or institution of higher education while in the employ of an educational service agency. For purposes of this section, "educational service agency" means a governmental agency or governmental entity which is established and operated exclusively for the purpose of providing these services to one or more educational institutions.
(5) With respect to any services described in subsections (1), (2), and (3), benefits are not payable on the basis of services in any such capacities to any individual who performed these services for a private employer holding a contractual relationship with the educational institution and is providing the services to or on behalf of an educational institution or an institution of higher education, provided that the private employer notifies the Department of Employment and Workforce of the separation of an individual subject to this subsection.
(6) In this section "reasonable assurance" means a written, verbal, or implied agreement that the employee will perform services in the same capacity during the ensuing academic year or term.
HISTORY: 1962 Code Section 68-102; 1971 (57) 950; 1972 (57) 2309; 1977 Act No. 161 Section 9; 1982 Act No. 386; 1983 Act No. 62, Section 4; 1984 Act No. 406, Section 1; 1985 Act No. 83 Section 2; 1986 Act No. 361, Section 4, eff April 3, 1986; 2012 Act No. 262, Section 1, eff June 18, 2012.
Effect of Amendment
The 1986 amendment substituted "subsections (1), (2), and (4)" for "subsections (1) and (2)" in subsection (5).
The 2012 amendment rewrote items (3) and (5); in item (4), inserted ", and (3)", and removed "as specified in subsections (1) and (2) of this section"; and, made other nonsubstantive changes.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 41 - Labor and Employment

Chapter 35 - Employment And Workforce - Benefits And Claims

Section 41-35-10. Payment of benefits generally.

Section 41-35-20. Payment of benefits based on certain services in schools or institutions of higher education.

Section 41-35-30. Payment of benefits in case of death.

Section 41-35-40. Weekly benefit amount; procedure for reconsideration of determinations.

Section 41-35-50. Maximum potential benefits for year.

Section 41-35-60. Weekly benefits for partial unemployment.

Section 41-35-65. Wages paid for previously uncovered services.

Section 41-35-66. Benefits for participants in sports or athletic events.

Section 41-35-67. Benefits to aliens.

Section 41-35-100. Preservation of benefit rights of persons in armed forces.

Section 41-35-110. Conditions of eligibility for benefits.

Section 41-35-115. Service as witness or juror not to constitute disqualification for benefits.

Section 41-35-120. Disqualification for benefits.

Section 41-35-125. Benefits for individuals unemployed as a result of domestic abuse.

Section 41-35-126. Military relocation benefits.

Section 41-35-130. Payments which must not be charged to former employer.

Section 41-35-135. Charge of overpaid benefits to employer's account.

Section 41-35-140. Disclosure regarding child support obligations; deductions from benefits due.

Section 41-35-310. "Extended benefit period" defined.

Section 41-35-320. Payment of extended unemployment security benefits when federally funded.

Section 41-35-330. "State 'on' indicator" and "State 'off' indicator" defined.

Section 41-35-340. "Rate of insured unemployment" defined.

Section 41-35-350. "Regular benefits" defined.

Section 41-35-360. "Additional benefits" defined.

Section 41-35-370. "Extended benefits" defined.

Section 41-35-380. "Eligibility period" defined.

Section 41-35-390. "Exhaustee" defined.

Section 41-35-400. "State law" defined.

Section 41-35-410. Application of provisions relating to regular benefits.

Section 41-35-420. Eligibility for extended benefits.

Section 41-35-430. Weekly extended benefit amount.

Section 41-35-440. Total extended benefit amount.

Section 41-35-450. Announcement of state "on" and "off" indicators or extended benefit periods; computation of rate of insured unemployment.

Section 41-35-610. Procedures must be pursuant to department regulations; duties of employers.

Section 41-35-615. Notice to employer by United States mail or electronic mail; designation of preferred method of notice; default; time for required response.

Section 41-35-620. Notice of determination of insured status.

Section 41-35-630. Determination of claim when labor dispute is involved; determinations involving multiple claimants; group appeals.

Section 41-35-640. Reconsideration of determinations.

Section 41-35-650. Notification of denial.

Section 41-35-660. Appeals.

Section 41-35-670. Benefits must be paid until determination, redetermination or decision has been modified or reversed.

Section 41-35-680. Decision on appeal.

Section 41-35-690. Exclusive procedure for appeals.

Section 41-35-700. Appeal tribunals.

Section 41-35-710. Appellate Panel review of appeal tribunal decision.

Section 41-35-720. Conduct of appealed claims.

Section 41-35-730. Fees of subpoenaed witnesses.

Section 41-35-740. Judicial review of department's decision.

Section 41-35-750. Procedure to obtain review.

Section 41-35-760. Publication of department regulations on electronic website.