Workers on a scheduled recess for education institutions receive notice automatically from the Oregon Employment Department that they may not be eligible for benefits during a scheduled recess. They will be asked to fill out a 385-e form. You can find the 385-e form here on the OED website under forms.
Employees on work share may receive a recess letter and the 385-e form.
If you are currently participating in the Work Share program you do not need to fill out this form and return it. If you think that you may be laid off completely at some point over the summer break and are wanting to receive normal UI benefits during that period you will need to fill out the 385-E form and return it but it is not required to maintain your Work Share status.
Here are guidelines on how to fill out the 385-e form. They are instructions from a staffer at the AFL-CIO about how we should advise people to fill out the 385-e form. SEIU 503 staffers agree with this advice. If you have further questions about this please let us know. From AFL-CIO staffer:
I want to be clear that the following is only my opinion on how I would fill out this form. It’s important that your members answer honestly and accurately.
- What was your job title? Educator? Sub? Maintenance/Janitor( if you are in maintenance or a janitor you will not be held to the “reasonable expectation of return” standard but must complete the form nonetheless).
- What was the last date you worked for this employer in any position? If you are currently working through the Work Share program indicate that here or enter your last day of work.
- Was this work: Full Time, Part Time? Hours scheduled per week? If on Work Share check the box that represents your schedule prior to Work Share and make a side note indicating the reduction you’ve taken while on Work Share. OED is trying to get a picture of what the prior work year looked like. If not on Work Share answer the question honestly and accurately.
- Was it: Permanent? Temporary? Seasonal? or Substitute? Remember OED is trying to understand what last year looked like for you so they can see if next year looks similar. It’s important to answer these questions accurately.
- Will you be returning to work for this employer following the break? If your employer has not indicated to you verbally or by letter that you will be returning after the break in the same or similar capacity answer “No” to this question. If your employer has stated that you will be returning after the break in the same or similar capacity answer “Yes”. The current reality is that any offer your employer gives you to return in the fall is contingent on numerous factors such as COVID-19 and budget shortfalls and answering yes will not automatically disqualify you for weekly benefits during the recess.
- If yes, what is the date that you expect to return? If you have been given a date enter it here. If you have been given an offer to return in the fall but have not been given a date indicate that in this space. If you have not been giving an offer to return after the recess leave this blank.
- Will you be returning to the same or similar position? Answer accurately. If you have not been giving an offer to return after the recess leave this blank.
- Will you have the same rate of pay? Answer accurately. If you have not been giving an offer to return after the recess leave this blank.
- If no, please explain why you will not be returning: Answer accurately. If your employer has not given you an offer to return after the recess indicate that here and add any of the reasons the employer gave you as to why they couldn’t offer work after the recess. If the employer has not given you a reason indicate that here as well. You must be willing to and available/able to look for and accept like work to qualify for Unemployment Insurance. OED needs to see that you would be willing to have accepted the offer to return after the recess if the offer had been made.
- Are there any conditions on this offer of work? Everyone who has been giving or that has a reasonable expectation of returning after the recess needs to answer “Yes” to this question. Every offer of work right now is conditional due to COVID-19 and Funding.
- If yes, are they based on: Enrollment? Check this box. Funding? Check this box. Class Space? If you have been told this by your employer check this box. Other? Check this box and write COVID-19 next to it.
- Do you have a Contract? This would be a contract for the year starting after the recess. If you have not been giving a contract answer no. If you have been given a contract you will need to answer yes and send in a copy of this contract with this form. Please note they are not asking for a collective bargaining agreement.
- Do you have an offer of employment with any other educational employer? Answer accurately.
- What were your gross earnings the week before your school break started? Answer accurately.
- Your highest weekly gross earnings in the most recent term or year? Answer accurately.
- Educational Service District Only: Answer accurately if it pertains to you.
Please attach any supporting documents you may have such as official documentation that your school will not be bringing you back after the recess. Remember everyone that works in the education field return to work is conditional right now because of COVID-19 regardless of the fact that you may have a contract for next year or have been given reasonable assurance of returning after the recess. If you have any amount of work at a school or educational facility and an open UI claim you will have to fill out this form and return it to OED. This includes those currently on Work Share.