11-5425 MARGARETTE R. BROWN v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION AND HILLSBOROUGH COUNTY SCHOOL BOARD

State: Florida

Court: Florida First District Court

Docket No: 11-5425

Case Date: 03/16/2012

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA MARGARETTE R. BROWN, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION AND HILLSBOROUGH COUNTY SCHOOL BOARD, Appellee. _____________________________/ Opinion filed March 16, 2012. An appeal from an order of the Unemployment Appeals Commission. Thomas D. Epsky, Member. Margarette R. Brown, pro se, Appellant. Louis A. Gutierrez, Senior Attorney, Tallahassee, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D11-5425

MARSTILLER, J. Margarette R. Brown has been employed by the Hillsborough County School Board as a substitute teacher since November 2008. She filed a claim for unemployment compensation benefits for the summer vacation period between the

2010-11 and 2011-12 school years. The Agency for Workforce Innovation denied the claim because benefits are not available between school terms or school years, or during established school vacations if the claimant has a reasonable assurance of being rehired for the next school term. An appeals referee affirmed the

determination of ineligibility, and the Unemployment Appeals Commission ("Commission") affirmed the referee's decision, finding it supported by competent, substantial evidence. We affirm the Commission's order. Under section 443.091(3)(a), Florida Statutes (2010), unemployment benefits are not payable for instructional services at an educational institution during the period between academic years or terms if the individual seeking benefits performed those services in the first year or term and has a "contract or a reasonable assurance that the individual will perform services in any such capacity for any educational institution . . . in the second of those academic years or terms." Benefits are similarly not payable during "an established and customary vacation period or holiday recess . . . ."

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