Can school bus drivers collect unemployment over the summer with California EDD?

Ugh okay so the verbal thing is really disqualifying? That feels so wrong. Like what legal weight does an offhand comment from a supervisor actually have?

Yeah this is accurate. I used to work in HR for a school district and we were specifically told that verbal rehire commitments count. California EDD even asks districts to submit letters confirming reasonable assurance for their employees.

so the school district is basically the one reporting on you to edd?? thats kind of messed up when you think about it

This is actually really helpful. My district has been talking about consolidating some routes due to budget issues this coming year so maybe I should start keeping records of those conversations now.

wait you actually won an appeal against edd?? i feel like that never happens lol

It does happen, you just have to have solid documentation and a clear argument. The appeals process is real and ALJs are actually pretty fair in my experience, way better than trying to explain your situation to a random phone rep.

I've been trying to call EDD for two days straight and can't get through so this is actually really relevant, gonna check out that video.

does claimyr actually work or is it one of those things that sounds good but then doesnt deliver

It worked for me, got a callback within a couple hours on a Tuesday. Way better than what I was doing which was calling at 8am and getting a busy signal every single time.

I've heard a few people mention this service lately. Makes sense that there'd be demand for it given how impossible EDD phones have been for years.

Oh I didn't know I could request to see what the district sends to EDD. How do you actually do that?

i think you file a public records request or ask through your union if you have one? my rep handled it for me so im not 100% sure of the exact process

You can also request your full claim file from California EDD through their records request process. It'll show everything including any employer-submitted documentation. Takes a few weeks to receive though.

The point about contractors is interesting. My district does use some contract drivers from an outside company. Do they have different UI rights than those of us directly employed by the district?

Generally yes — the between-terms denial rule specifically applies to employees of 'educational institutions.' If you're employed by a staffing or transportation contractor who happens to have a contract with a school, your employer of record is the contractor, not the school, and the rule may not apply. But this varies and you'd want to verify with California EDD directly for your specific situation.

this is actually really good info i never thought about the contractor angle. my cousin drives for a company that contracts with multiple districts and she was collecting unemployment over summers no problem

The rationale from California EDD's perspective is that you're not truly 'unemployed' — you're on a scheduled break with an expectation of return, similar to how a salaried employee on unpaid leave isn't considered unemployed. Whether that logic holds up morally is a different debate.

an 'expectation of return' is not the same as a guaranteed job. routes get cut, districts lose funding, ANYTHING could happen. they should at least make it easier to prove that uncertainty.

completely agree this rule feels really unfair to school workers

So if I say I don't have firm assurance of return but the district says I do, that triggers adjudication? That could take forever.

Yes exactly, which is why getting clarity BEFORE you file is really valuable. Know what your district is likely to report and decide how to document your situation accordingly.

adjudication as a school employee is the worst, I went through it two summers ago and it took almost 8 weeks to resolve

8 weeks is brutal especially when you're already going without income during the summer months

Great question and honestly the answer should be more favorable for you. Substitute employees typically have less clearly defined 'reasonable assurance' since your work is by definition irregular and call-based. California EDD may have a harder time arguing you had reasonable assurance of continuing work when your employment was never consistent to begin with. I'd still expect a fight but your position is stronger than a full-time driver's.

okay that's actually kind of reassuring. I've never even bothered applying because I assumed I'd definitely get denied

Definitely apply. Substitute and on-call employees in educational settings have won UI appeals specifically because the nature of substitute work undermines the 'reasonable assurance' argument. Document your irregular schedule carefully — it helps your case.

I'm starting that folder right now honestly. Better late than never.

yes do it!! even little things count. text messages, meeting notes, anything. you want to be able to show that the 'see you in august' conversation was not a formal commitment

This is such good advice. I'd also add — attend any union meetings about staffing and take notes. If your union is raising concerns about route cuts or staffing levels, that becomes part of the uncertainty picture.

I appreciate the honest perspective. Sorry you went through all that and still didn't get benefits.

it's okay, I got a summer job driving for a private coach company which was actually decent money. just wish I hadn't wasted those 6 weeks waiting for the hearing result

this is so discouraging but also really useful to know. the documentation point really seems to be the key variable

Okay I'm definitely looking into this. The idea of being in adjudication for weeks with no info sounds miserable.

getting actual info about what the district submitted seems huge. like at least you know what you're fighting against

That's a legitimate use case — adjudication situations almost always benefit from speaking directly to an agent rather than just waiting and hoping.

Yes this is an important distinction! If you work year-round routes, especially special education transportation which often continues through summer school and ESY programs, your situation is completely different. If you're being offered continued work in the summer, you wouldn't even be filing for UI. If for some reason your hours significantly reduced, you might qualify for partial unemployment. But the between-terms denial is really aimed at people whose work completely stops for the academic break.

okay that makes sense. my friend does ESY routes and she said she's never had to deal with summer unemployment because she just keeps working. I was confused when this thread came up for me

Right, the between-terms rule only triggers when you're actually filing for benefits during a break. Year-round employees who keep working don't face this issue at all.

So the district HAS to consider my individual situation and can't just say yes reasonable assurance for everyone?

That's the correct procedure, yes. Whether individual districts always follow that carefully is harder to say. But if you had specific conversations with your supervisor or HR about uncertainty regarding your position, that's something you could raise in an appeal.

I would love to believe districts are being careful and individual about this but honestly I doubt it. Easier for them to just check yes on everyone and move on.

The blanket yes response is unfortunately common. It's one of the reasons appeals exist — to catch situations where the district's blanket response didn't reflect individual circumstances.

Having summer income actually generally HELPS you rather than hurts you with California EDD. Your base period wages determine your weekly benefit amount and maximum benefits. Higher total wages in your base period usually mean higher benefits. Working a summer job doesn't disqualify you from future UI claims — what matters each time you file is your current employment situation and whether you meet the eligibility requirements.

okay good to know, i was worried that having showed i could find work might somehow count against me

No, that's not how it works. California EDD doesn't penalize you for working. The between-terms issue is specifically about the school employment situation, not your general work history.

Same, I started this thread not knowing what I was dealing with and now I feel so much more prepared. Good luck to you in June.

you too!! hopefully we both get some good news from EDD this summer 🤞

Oh wow this is such important practical advice. I would never have thought to keep certifying after a denial.

This happened to my coworker too. Lost backpay because she stopped certifying. Always always always keep certifying during an appeal.

Adding to this — also make sure you're meeting your job search requirements even during the appeal period. California EDD requires you to complete job search activities and log them each week you certify, even while your claim is being disputed.

yes absolutely, don't give them any additional reason to deny you. do the full job search activities, log everything, certify on time every week

The online Ask EDD messaging system exists but it's honestly not great for complex issues like school employee between-terms situations. You tend to get very generic responses that don't address your specific circumstances. For something as nuanced as a school employee claim, you really do want to talk to an actual agent who can look at your account.

I tried Ask EDD twice and both times got responses that didn't actually answer my question. For this type of issue where the rules are complicated and depend on your specific situation, phone is really the only way to get real answers. That's why I ended up using Claimyr — I needed an actual human being to look at my file. claimyr.com if you want to try that route.

okay fair point. i guess complex questions need complex answers and a chat bot or template response isn't going to cut it

A letter from the transportation supervisor saying routes weren't finalized — that's brilliant. I wonder if I could get something like that given the budget discussions at my district.

It's worth asking! Frame it as just wanting documentation of the current situation. Most supervisors will be honest if they genuinely don't know what next year's routes look like yet.

This is such a good real example of what I was talking about earlier. Operational uncertainty is your friend in these cases. Document it, formalize it wherever possible, and it becomes the foundation of a legitimate appeal.

Great outcome. And this shows why going through the appeal process is worth it even when initial denial feels discouraging. The ALJ system exists precisely to evaluate these individual circumstances that the initial automated denial process can't capture.