Can school employees collect unemployment during summer with California EDD?

Okay so reasonable assurance is basically the district saying 'we expect you back in September' even without a signed contract? That's kind of a low bar isn't it? Like they could say that and then lay me off anyway.

Exactly right, and that's actually one of the arguments in some appeals - that reasonable assurance should require more certainty than a vague expectation. But California EDD and the courts have generally upheld a pretty broad definition of what counts as reasonable assurance. If you get laid off after they gave reasonable assurance, you'd be eligible for benefits from that point forward, but not retroactively for the summer.

my district sends out a letter every may that literally says 'this constitutes reasonable assurance of employment' lol they know exactly what theyre doing

Wait so if I did some weekend gig work or had a part time job outside the school, those wages could potentially help my claim? That's interesting, I didn't know that.

Right, but it gets complicated. California EDD looks at your base period wages across all employers. Having outside wages doesn't automatically make you eligible - the school employee restriction can still apply if the district gave reasonable assurance. But it adds complexity to the calculation. Honestly this is one of those situations where actually talking to a California EDD rep would clarify your specific situation.

same situation here, I had a tutoring side thing going and it did NOT save me from the school employee denial lol so dont get too hopeful on that angle

The phone situation with California EDD is honestly a nightmare. I was in the same boat trying to sort out a school employee claim question. Someone on a different thread recommended Claimyr - it's a service at claimyr.com that basically holds your place in the California EDD phone queue and calls you back when an agent is available. I was skeptical at first but it actually worked, got connected to a real person within a couple hours. There's a video showing how it works at https://youtu.be/JmuwXR7HA10 if you want to see before trying it. Way better than sitting on hold all day.

honestly just call right when they open at 8am, I've had better luck then vs midday

This could mean a few things - your district may not have been sending proper reasonable assurance documentation to California EDD, or there was something specific about your situation that made you genuinely eligible. I wouldn't assume what worked for you is a blanket rule though. California EDD can also audit past claims and issue overpayment notices if they find errors, so proceeding carefully is worth it.

wait they can go BACK and audit?? now im nervous

Yes, California EDD can issue overpayment notices going back several years in some cases. Not trying to scare you but if you've been collecting when your district was sending reasonable assurance documentation, it could eventually catch up. Might be worth checking your past claim records.

This is actually a stronger case than most. California EDD regulations and appeal decisions have recognized that reasonable assurance should be for a 'comparable' position. If you're a 1:1 aide and the specific placement is uncertain, that arguably makes your return less than fully assured - especially if hours or conditions could change substantially. I'd file, document everything about the uncertainty, and be prepared to appeal if denied. Your situation has more nuance than a general classified employee.

That's really helpful, thank you. I've been nervous to even try filing because I assumed I'd just get automatically denied. Might actually give it a shot.

Yes file it! worst they can do is deny you and then you have the right to appeal. don't just assume you're disqualified without letting California EDD make the actual determination.

Good questions. Yes, you'd file an initial claim and then certify weekly for each week you're claiming benefits. The job search requirement - currently 3 employer contacts per week in California - technically applies to you as well unless you're placed on standby status. Some school employees get standby approved which waives the job search requirement since you have a definite return to work date. Ask California EDD specifically about standby when you file, because it's available for situations where you have a definite return date (like a school calendar).

Oh standby is a real thing I can apply for? I had no idea that was an option. Does the school have to confirm my return date for that to work?

Yes, standby requires a definite return to work date within a specific window. For school employees with a confirmed start date for the new year, it can work well. California EDD will want to see that the return is definite, not just anticipated. Your district HR should be able to provide a letter with the official first day back.

standby saved me last summer, no job search requirements and I just certified each week. highly recommend asking about it when you file

This is actually valid legal strategy. The reasonable assurance has to address the specific terms - not just 'we expect you back' but comparable hours, comparable pay, comparable classification. Vague letters have been overturned in appeals. Reading the actual California Unemployment Insurance Appeals Board decisions online is really educational if you're going to appeal.

Exactly! I spent hours reading CUIAB decisions before my hearing and it made a huge difference. The ALJ was clearly impressed that I came prepared.

Wait there are published appeal decisions I can actually read? That's really useful, I had no idea that was a public resource.

This is so helpful. My situation has genuine uncertainty and I've actually saved some emails from my union about potential restructuring. Didn't realize those could be useful evidence.

Those are exactly the kinds of documents you want. Also any news articles about district budget issues, meeting minutes from school board meetings if they discussed staffing - all of it helps establish that your 'reasonable assurance' wasn't actually so reasonable.

Smart. I wish I had known to document things before my denial, went in basically empty handed and lost my appeal

Yes, partial unemployment is absolutely a thing in California. If you're working reduced hours you may be eligible for partial UI benefits. California EDD uses a formula that factors in your weekly earnings against your weekly benefit amount. You'd certify for each week you worked, report the earnings, and receive a reduced benefit. The key is you can't earn more than your weekly benefit amount plus $25 (or 25% of your WBA, whichever is greater) without completely zeroing out your payment.

Oh that's actually useful! I assumed if I worked at all I couldn't collect anything. So it's worth filing even if I'm doing summer school?

Definitely worth filing. A lot of people don't realize partial benefits are available and they leave money on the table by assuming any work disqualifies them entirely. Report your hours accurately and let the system calculate what you're owed.

So glad it worked out! Getting an actual agent to look at your specific situation is so much better than trying to interpret the rules yourself. Did the agent give you any other advice about how to proceed?

She said to file and not assume I'll be denied - let the claim go through the process and then if denied, gather documentation for the appeal. Also confirmed I should ask about standby status given my definite start date in September. Really useful call.

This is the way. People give up before they even try because they assume the answer is no. File first, ask questions, appeal if necessary.

Substitute situation is genuinely more complicated. Each district relationship is evaluated separately for reasonable assurance purposes. If multiple districts have given her reasonable assurance of work when school resumes, California EDD can deny based on that. But substitutes often have a weaker claim of reasonable assurance because substitute work is inherently not guaranteed - it's called as needed. Some substitutes have successfully argued they have no reasonable assurance precisely because of the on-call nature of substitute work. She should file and see what happens.

That's really interesting - the on-call argument makes a lot of sense. She's never been guaranteed a single call, she just appears on lists. That feels very different from a full time employee getting a 'see you in September' letter.

My sister is a sub in LA County and has won multiple appeals on exactly this argument. The lack of certainty in substitute work has been upheld as insufficient reasonable assurance in several appeal decisions.

Oh this is a really good point, I was going to wait to see if I even qualified before filing. Sounds like I should just file right away.

Yes, file immediately. You lose nothing by filing (except maybe some time) and you could lose real money by waiting. If you're denied you have 20 days to appeal from the mailing date of the denial - that goes fast.

20 days?? that is not much time at all, good to know

California EDD's website is notoriously bad at explaining nuanced situations. The rules around school employees, reasonable assurance, and appeals are way more complex than their FAQ suggests.

Right? Like their page basically just says 'school employees may be ineligible during breaks' with no detail about what that actually means in practice or how to challenge it

This is really illuminating. Districts absolutely know exactly what they're doing with that language and work with their legal teams to ensure the letters meet the California EDD standard. Which is why it's worth scrutinizing the actual content of whatever letter you receive.

Our union rep actually compared our district's letter to successful appeal cases and found several differences. Small wording things that apparently matter a lot to ALJs reviewing appeals.

I had no idea this was such a strategic thing on the district's side. Makes me feel less bad about appealing - they're clearly playing the game too.

Good advice. I was kind of wondering whether to just... not mention the school connection but that sounds like a bad idea.

Very bad idea. That's the kind of thing that turns a simple denial into a fraud investigation. Always report accurately and let the official process determine eligibility.

yeah DO NOT hide anything from California EDD, the consequences of being caught are way worse than just dealing with a denial properly

Great point. My union had a legal hotline and they were actually really helpful walking me through the appeal process. Don't assume you're on your own.

Exactly. SEIU and other classified employee unions often have resources people don't know about. Check your union website or just call the rep and ask specifically about unemployment appeal support.

I'm going to check with my union rep this week, thank you for this. I had no idea that might be available to me.

Correct. The statutory language covers 'between two successive academic years or terms' and also applies during holiday and vacation periods. The summer situation gets the most attention because it's the longest gap, but technically the same framework applies to winter and spring breaks.

That's interesting and kind of depressing. I was vaguely thinking about filing for winter break if summer didn't work out but I guess I'd face the same issues.

That list is excellent and covers the key bases. One addition: note the exact date you stopped working and make sure your filing date is as close to that as possible. On the Claimyr question - yes, for actually reaching a California EDD agent it seems to be working for people in this thread. The site is claimyr.com and there's a demo at https://youtu.be/JmuwXR7HA10 - given how hard it is to reach California EDD directly it's worth trying.

Also document the base period wages from your school district - California EDD will look at your earnings over the past 12-18 months to calculate your weekly benefit amount if you are eligible. Having that info ready speeds things up.

Great summary. One small thing - when you're certifying weekly during summer, be scrupulously honest about any work you do, any income you receive, any days you were sick or unavailable. Inaccurate certifications are how people end up with overpayment issues later.