§ 27-3-308 — Services excluded for eligibility

(a) An individual is not eligible for benefits based on
service:
(i) In an instructional, research or principal
administrative capacity for an educational institution for any
week of unemployment beginning between two (2) successive
academic years, two (2) regular terms whether or not successive
or during a paid sabbatical leave and he has a reasonable
assurance to perform services in any such capacity for any
educational institution in the second academic year or term or
end of the paid sabbatical leave;
(ii) In any other capacity for any educational
institution for weeks of unemployment beginning September 3,
1982, and thereafter for any week of unemployment beginning
between two (2) successive academic years or terms if he is
employed in the first academic year or term with a reasonable
assurance for employment in the second year or term for any
educational institution. If compensation is denied to any
individual under this paragraph and he was not offered an
opportunity to perform services for the educational institution
for the second academic year or term, the individual is entitled
to retroactive payment of compensation for each week he filed a
timely claim for compensation but was denied compensation solely
because of this paragraph;
(iii) For training, preparing and participating in
sporting or athletic events for any week of unemployment
beginning between two (2) successive seasons or periods if he is
employed in the first season or period with reasonable assurance
of employment in the second season or period.
(b) With respect to any service described in paragraphs
(a)(i) and (ii) of this section, benefits are not payable on the
basis of services in any such capacities to any individual for
any week which commences during an established and customary
vacation period or holiday recess if the individual performs the
services in the period immediately before the vacation period or
holiday recess, and there is a reasonable assurance that the
individual will perform the services in the period immediately
following the vacation period or holiday recess. With respect
to any services described in paragraphs (a)(i) and (ii) of this
section, and in this subsection, benefits shall not be payable
on the basis of services in any such capacities as specified in
paragraphs (a)(i) and (ii) of this section, and in this
subsection, to any individual who performed the services in an
educational institution while in the employ of an educational
service agency and who has a reasonable assurance of continued
employment with an educational service agency. For purposes of
this subsection, "educational service agency" means a
governmental agency or governmental entity which is established
and operated exclusively for the purpose of providing the
services to one (1) or more educational institutions. With
respect to services to which W.S. 27-3-105(a)(i) and (ii)
applies, if the services are provided to or on behalf of an
educational institution, benefits shall not be payable under the
same circumstances and subject to the same terms and conditions
as described in paragraphs (a)(i) and (ii) of this section and
this subsection.