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Dear Benefits Administrators,
As we approach the time of year when SEBB Organizations are either ending benefits for staff and/or hiring staff for the new school year, we have prepared a series of messages designed to provide some extra guidance on topics we typically get questions and/or tickets about.
Today’s message is regarding the two-year lookback, when it applies, and how it impacts eligibility.
Two-year lookback for school employees
For any returning school employee who is initially determined to not be eligible for the new school year, the employer needs to verify the employee does not meet the eligibility criteria of the two-year lookback provision.
A returning school employee is presumed eligible for SEBB benefits if they:
- Worked at least 630 hours in each of the previous two school years, and
- Are returning to the same type of position(s) with the same SEBB organization.
Examples of the same type of position include teacher, para-educator, food service worker, bus driver, etc.
Rebutting the presumption of eligibility
A school employee who meets the two-year look back requirements is presumed eligible. However, a SEBB organization may rebut this presumption if it determines the employee is not anticipated to work at least 630 hours during the upcoming school year.
To rebut the resumption, the SEBB organization must provide the employee with written notice that:
- Explains the specific reasons the employee is not anticipated to work at least 630 hours during the upcoming school year, and
- Includes information about the employee’s right to appeal the eligibility determination.
Important: Under the two-year lookback, by the employee having worked at least 630 hours the last two school years, the “presumption of eligibility” implies that the employer should not wait for the employee to reach the 630 hour mark for a third consecutive year before determining the employee to be eligible. Instead, eligibility should be evaluated before the school year begins using the employee’s work history and the employer’s reasonable expectation of the employees’ hours for the upcoming school year.
Examples
Please review this list of examples/scenarios for additional guidance associated with this topic.
Want to learn more?
For additional information about the two-year provisions and other SEBB benefits topics, register for our August 7 Benefits Webinar. During the webinar, we’ll review key eligibility rules, recent updates, and answer common questions to help you confidently administer SEBB benefits.
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