106 CMR, § 365.430 - School Employees
Teachers and other school employees who work under a renewable annual contract will be considered to be receiving compensation for an entire year even though pre-determined non-work periods are involved and actual compensation is paid during the work periods only.
(A)
Annual Contract.
(1)
Contract
Renewal. The renewal process may involve signing a new contract
each year, automatic renewal, or, as in cases of school tenure, rehire rights
may be implied and thus preclude the use of a written contract
altogether.
(2)
Work -
Non-work Cycle. The fact that a contract is in effect for an
entire year does not mean that the contract will stipulate work every month of
the year. Rather, there may be certain predictable non-work periods or
vacations, such as the summer break between school years.
(3)
Income. Income
from an annual contract will be considered as compensation for a full year
regardless of the frequency of compensation whether stipulated in the terms of
the contract, determined at the convenience of the employer, or determined at
the wish of the employee.
(B)
Determining Eligibility and
Benefit Level. School employees who derive their annual income in
a period of time shorter than one year shall have that income averaged over a
12-month period, provided the income is not received on an hourly or piece work
basis. To determine household eligibility, all other monthly income from other
household members will be added to this average monthly income, and income
exclusions and deductions applied in the normal manner. Once eligibility has
been determined, the annualized income may either be averaged or prorated
unevenly over the 12 months before adding it to other monthly income for
determining the household's basis of issuance during the certification
period.
(C)
Certification Periods for School Employees.
Certification periods shall be assigned as specified in
106 CMR
364.700: Assigning Certification
Periods.
(D)
Work Requirements. School employees must comply with
work requirements during the non-work season unless exempt in accordance with
106 CMR
362.310: SNAP Employment and Training
Program or 362.320: SNAP Work Program.
Notes
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