No. 146       Finance Division

  Date:   April 24, 2001
  To:   All School Principals, Child Development Center Administrators, Division and Department Heads
  Subject:   Reasonable Assurance Notification
  Department  and/or  Persons  Concerned:   All Principals, Division and Department Heads, Child Development Center Administrators, Secretaries, Clerks, Ten- and Eleven-Month Employees, and Hourly Employees
  Due Date:   May 4, 2001
  Reference:   Unemployment Insurance Code 1253.3
  Action  Requested:   Distribute reasonable assurance letters and return reasonable assurance
list(s) by May 4, 2001.
 

Brief Explanation:

 

Section 1253.3 of the Unemployment Insurance Code requires the district to notify school employees who have reasonable assurance of reemployment in the upcoming school year if the district is to be exempt from paying unemployment insurance benefits during vacation, holidays, and any other periods of recess. All sites and work locations must complete this notification by the due date.

The April pay warrants, addressed to ten- and eleven-month classified employees, will include a reasonable assurance notification to this group of employees. A sample of the Pay Warrant Reasonable Assurance Notice (Attachment 1) is included with this circular. All Attachments will be mailed. A computer printout listing the ten- and eleven-month employees assigned to your cost center has been provided. This list is for your records only and does not need to be returned. 

The notification process for classified hourly employees and clerical substitutes is unchanged. A computer printout listing of those employees assigned to your site is also provided. Please process this list as instructed. Distribute the pre-labeled reasonable assurance letters (Attachment 2), the no reasonable assurance letters (Attachment 3) or blank copies of the appropriate letters, if necessary. Please follow these instructions for providing reasonable assurance notification: 

1. Determine who will be responsible for coordinating the reasonable assurance notification at your site. 2. If an employee’s name is on the printout and the employee is at the site:

  1. Give the employee the appropriate reasonable assurance letter and have the employee initial next to their name, or indicate receipt with a check mark (Refer to sample list—Attachment 4). It is desirable to hand deliver the letter. If this is not possible, use the U.S. Mail and make a note on the printout next to the employee’s name.
     

  2. If the employee was given the no reasonable assurance letter, write in the reason next to the employee’s name. (Refer to Attachment 5, question 9).

3. If an employee’s name is NOT on the printout, but the employee is at the site:

  1. Add the employee’s name to the printout.
     

  2. Write the employee’s name, location, and cost center on a blank copy of the appropriate reasonable assurance letter and give the letter to the employee. Put a check mark by the employee’s name.
     

  3. If the employee was given the no reasonable assurance letter, write in the reason next to the employee’s name. (Refer to Attachment 5, question 9).

4. If an employee’s name is on the printout, but the employee is no longer at your site:

  1. Explain on the printout what happened to the employee: Resigned (When? Why?); Transferred (When? Where?); etc.
     

  2. Destroy the reasonable assurance letter addressed to the employee.

5. If it is questionable that reasonable assurance cannot be given to an employee at your site, adhere to the following:

  1. Sometimes a satisfactorily performing employee is being released from the site due to known funding constraints or program changes at that site. It is very important that the employee be given reasonable assurance as the district is sometimes trying to hire individuals to replace those who leave other sites. (Refer to Attachment 5, question 8).
     

  2. If an employee is being released from the district because of poor job performance, it is important that appropriate personnel procedures are followed and that we meet all of our contractual and legal obligations. An employee who does not have reasonable assurance must be advised of that fact and given the letter which indicates the employee should file an unemployment insurance claim.
     

  3. In both cases above, include a brief explanation of the situation next to the employee’s name; i.e., "released – lack of funding, reasonable assurance given" or "released – poor job performance, reasonable assurance not given."
     

  4. If you have given reasonable assurance to an employee and you subsequently decide to terminate the employee, give the employee the no reasonable assurance letter and call the Unemployment Insurance Specialist at (858) 627-7352 to advise of the change.

6. Complete the processing of the computer printout:

a) Ensure that all employees listed on the printout and those added are accounted for with initials or check marks and appropriate notations.

b) Fill in the name and telephone number of the person who provided the reasonable assurance letters and the date in the space provided on the printout.

c) Make a copy of the completed printout for your files.

7. Return the original completed computer printout by May 4, 2001, to Risk Management Department, Revere Center Room 7, Attention: Unemployment Insurance Specialist. A pre-addressed envelope has been provided. Do not return unused forms. If you are unable to meet this deadline, return the enclosed Extension Request Card (Attachment 6) by May 4, 2001.

Important: Site administrators are cautioned not to risk invalidating the reasonable assurance letter with verbal or written speculation about potential budget problems and other uncertainties that an individual employee could construe to indicate the possible elimination of his or her position. If an employee is given a locally prepared letter that he/she is being released from that site because of funding or program changes, be certain to include in that letter the phrase, "You still have reasonable assurance of employment within the district." Classified hourly employees and clerical substitutes are asked to return their letter and completed response no later than June 8, 2001. The reasonable assurance letter instructs the employee to send the completed letter to Risk Management Department, Revere Center, Room 7. If you want to have their responses routed through you for planning purposes, you must let the employees know of your wishes. If you have any questions about this process, or unemployment insurance issues, please call the Unemployment Insurance Specialist at (858) 627-7352.
 

Richard J. Knott 
Controller  


APPROVED:

Henry E. Hurley
Chief Administrative Officer