Can school district substitutes qualify for EDD benefits during summer break?
I've been working as a substitute teacher for Oakland Unified School District for the past 8 months. With summer break coming up, I'm going to be without work for about 10 weeks. I'm wondering if I can file for unemployment during this period? I don't have any guarantee of work when school starts again in the fall, but I've heard mixed things about whether substitutes qualify for benefits during school breaks. Has anyone been in a similar situation? Did you receive unemployment as a substitute teacher during summer months?
20 comments
Fatima Al-Hashimi
you probably dont qualify if you have reasonable assurance of returning in the fall. EDD considers that not truly unemployed just on break
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Giovanni Conti
•What counts as "reasonable assurance" though? I'm not on a contract, and I only get called when they need me. Some weeks I work 5 days, other weeks nothing at all.
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NeonNova
As a former substitute myself, I can tell you that it depends on your specific situation. The key is whether you have "reasonable assurance" of returning to work after the break. If you've received any written or verbal confirmation that you'll be on the sub list next year, that could count against you. But if you have no guarantee or assurance of future work, you might qualify. Also important - have you worked exclusively for the school district, or have you had other non-education jobs during the past 18 months? If you have wages from non-education work, you might qualify based on those wages even if your school wages are excluded. I'd recommend applying anyway. Let EDD make the determination rather than excluding yourself.
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Giovanni Conti
•Thank you! This is really helpful. I haven't received any formal assurance about next year. They just said they hope to have me back. I did work part-time at a retail store about 14 months ago for about 4 months. Would that count in the base period?
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Dylan Campbell
When I applied after my first year as a sub, EDD denied me because of the "reasonable assurance" thing even though I didn't have a contract!! I appealed and STILL got denied! The whole system is rigged against education workers, honestly. They basically told me that being on the sub list counts as reasonable assurance even though there's NO GUARANTEE of actual work. I spent ALL SUMMER with no income and it was absolutely terrible!!
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Giovanni Conti
•That's exactly what I'm afraid of. Did you try calling EDD to explain your situation before appealing? I'm wondering if speaking to someone might help clarify things.
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Sofia Hernandez
just apply and see what happens different districts handle this differently and edd rules change all the time
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Dmitry Kuznetsov
•Agreed! Always apply and let EDD make the determination. The worst they can say is no.
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Ava Thompson
There's a specific provision in California unemployment law that addresses school employees during recess periods. Under CA Unemployment Insurance Code Section 1253.3, school employees may be denied benefits during customary recess periods (like summer break) if they have reasonable assurance of returning after the break. However, as a substitute teacher without guaranteed hours, you might have a case. The key factors EDD will consider: 1. Do you have any written assurance of being on the sub list next year? 2. Is your employment pattern very irregular (some weeks with work, some without)? 3. Do you have any non-school employment during your base period? I'd suggest filing your claim online, being very clear about your substitute status and lack of guaranteed work. If denied, definitely appeal and explain that as a day-to-day substitute, you have no guarantee of work even when school is in session. If you need to reach EDD to discuss your specific situation, I've had success using Claimyr (claimyr.com) to get through to an agent quickly. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km. It saved me hours of redial frustration when I needed to explain my particular employment situation.
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Giovanni Conti
•Thank you for such a detailed explanation! I'll make sure to emphasize my irregular work pattern when filing. And thanks for the Claimyr tip - I've been dreading the thought of spending days trying to get through to EDD.
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Miguel Ramos
I'm going through almost the same thing but I'm an instructional aide, not a sub. I think we're in the same boat though with the reasonable assurance issue. Has anyone tried applying when they had multiple school jobs? I was a sub AND an after-school program worker - wondering if that changes anything??
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Ava Thompson
•Having multiple positions doesn't necessarily change the outcome if they're all education-related and all subject to the same recess periods. The key question remains whether you have reasonable assurance of returning to any/all of those positions after the break.
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Fatima Al-Hashimi
my cousin was a sub and got benefits but that was back in 2021 during covid so rules mightve been different then
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NeonNova
•Yes, the rules were definitely different during COVID. Many of the special pandemic provisions have ended, so that experience may not apply to the current situation.
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Dmitry Kuznetsov
I successfully got unemployment as a substitute teacher during summer 2024. The key was that I worked for multiple districts without any guarantee of future work. When I applied, I made sure to explicitly state that I had no reasonable assurance of work after summer. I also included that my hours varied significantly week to week even during the school year. The EDD rep told me that was an important distinction.
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Giovanni Conti
•That's encouraging! I only work for one district right now, but my hours definitely vary a lot week to week. I'll make sure to emphasize that part.
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Sofia Hernandez
somebody told me you can qualify if you work for a private school but not public is that true????
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NeonNova
•No, that's not accurate. The same basic rules about reasonable assurance apply to both public and private school employees. The type of school isn't the determining factor.
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Giovanni Conti
Update: I submitted my application yesterday and clearly stated that I have no written guarantee of future work and that my assignments are day-to-day with varying hours. Now I'm just waiting to see what happens. Thanks everyone for the advice!
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Dmitry Kuznetsov
•Good luck! Let us know how it turns out - your experience will definitely help others in the same situation.
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