Okla. Stat. tit. 40, § 40-2-209

employers.

BENEFITS FOR EMPLOYEES OF GOVERNMENTAL OR NONPROFIT EMPLOYERS.

Benefits based on service in employment defined in paragraph (3)

or (4) of Section 1-210 of this title, including any federally

operated educational institutions, 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 the

Employment Security Act of 1980, except that:

(1) With respect to service performed in an instructional,

research or principal administrative capacity for an educational

institution, benefits shall not be paid based on services for any

week of unemployment commencing during the period between two (2)

successive academic years, 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's contract, to any

individual if the individual performs services in the first academic

year or term and if there is a contract or a reasonable assurance

that the individual will perform services in any such capacity for

any educational institution in the second academic year or term;

(2) With respect to services performed in any other capacity

for an educational institution, benefits shall not be paid on the

basis of services to any individual for any week which commences

during a period between two (2) successive academic years or terms

if the individual performs services in the first academic year or

term and there is a reasonable assurance that the individual will

perform services in any such capacity in the second academic year or

Oklahoma Statutes - Title 40. Labor Page 58

term, except that if compensation is denied to any individual

pursuant to this paragraph and the individual was not offered an

opportunity to perform services for the educational institution for

the second academic year or term, the individual shall be 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 clause;

(3) With respect to any services described in paragraphs (1)

and (2) of this section, benefits shall not be payable on the basis

of services in any capacities to any individual for any week which

commences during an established and customary vacation period or

holiday recess if the individual performs services in the period

immediately before the vacation period or holiday recess, and there

is a reasonable assurance that the individual will perform services

in any such capacity in the period immediately following the

vacation period or holiday recess;

(4) With respect to any services described in paragraphs (1)

and (2) of this section, benefits shall not be payable on the basis

of services in any capacities as specified in paragraphs (1), (2)

and (3) of this section to any individual who performed services in

an educational institution while in the employ of an educational

service agency. For purposes of this paragraph, the term

"educational service agency" means a governmental agency or

governmental entity which is established and operated exclusively

for the purpose of providing services to one or more educational

institutions;

(5) If services are provided to or on behalf of an educational

institution by a private for-profit entity or an entity described in

paragraph (3) or (4) of Section 1-210 of this title that is not an

educational institution or an educational service agency, the

employees providing these services shall not be subject to the terms

and conditions as described in paragraphs (1), (2), (3) and (4) of

this section; and
provided to or on behalf of an educational

institution by a private for-profit entity or an entity described in

paragraph (3) or (4) of Section 1-210 of this title that is not an

educational institution or an educational service agency, the

employees providing these services shall not be subject to the terms

and conditions as described in paragraphs (1), (2), (3) and (4) of

this section; and

(6) If an individual has employment with an educational

institution and has employment with a noneducational employer or

employers during the base period of the individual's benefit year,

the individual may become eligible for benefits during the between-

term denial period, based only on the noneducational employment.