Can self-employed subcontractors qualify for EDD benefits during seasonal school breaks?

This is actually a common question for education-adjacent workers. The key factor here is whether you are truly self-employed (1099) or actually an employee misclassified as a contractor (W-2). If you're genuinely self-employed, you generally wouldn't qualify for traditional UI benefits when work is seasonally unavailable - that's considered a normal business risk. However, if you're working through an agency that controls when and where you work, you might actually be an employee under California law despite being called a contractor, which could make you eligible. You should apply anyway and be prepared to provide documentation about your work arrangement. The EDD will make the determination based on your specific circumstances. When you file, make sure to accurately report your employment status, income, and explain the seasonal nature of your work.

i was in almost the same boat last yr. i work as a music instructor thru a school district but as "contractor" and got denied when summer came. edd said something about "reasonable assurance" of returning to work after the break. really sucked, had to pick up gig work all summer :

I've been through this exact situation and there's actually something called the "Cervisi decision" that might help you. It's a court case that says if you don't have GUARANTEED work after the break (just the possibility of work), you might qualify for benefits despite working in education. If you file, be prepared for an initial rejection and then APPEAL with specific reference to Cervisi v. Unemployment Insurance Appeals Board. Also, the fact that you work through a third-party agency rather than directly for the school district actually works in your favor here. The "reasonable assurance" rule is stricter for direct school employees.

You definitely need to talk to an actual EDD representative about this situation. The rules around educational contractors are complex and depend on multiple factors specific to your case. I've spent DAYS trying to get through to EDD when I had a similar question last year - kept getting the "we're experiencing high call volume" message and disconnects. I eventually used a service called Claimyr (claimyr.com) that helped me get through to a rep within about 20 minutes instead of spending weeks trying. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km When you do connect, make sure to specifically ask about the "educational employee reasonable assurance" provisions and how they apply to third-party contractors. Also mention the Cervisi case that others have talked about here.

EVERYBODYS WRONG HERE!! If ur self employed u CANT get normal unemployment PERIOD!! Thats just how it is sorry. Only during COVID they had special PUA for self employed people but thats LONG GONE now.

My daughter works for a tutoring company and has the same summer break issue. She applied for partial unemployment during summer break last year and got it! The key was explaining that she had no control over the seasonal nature of the work and that the company considered her an employee in all ways except they gave her a 1099 instead of W-2. She had to do a phone interview to explain everything but it worked out.

To answer your follow-up question - I would recommend being completely honest about your working arrangement when you apply, but focus on the facts rather than making legal claims about misclassification. Describe exactly how your work is structured: who sets your schedule, how assignments are determined, whether you can accept/reject specific placements, if you have multiple clients or just work through this one agency, etc. EDD will evaluate whether you're truly an independent contractor or an employee based on the ABC test under California law. If they determine you're actually an employee who's been misclassified, they'll handle that with the agency directly - you won't have to be the one making that claim.

One more thing I forgot to mention - make sure you certify for benefits every two weeks even if your initial application gets denied! If you win on appeal later, they can only pay you for weeks you properly certified for. I learned this the hard way and lost out on almost a month of potential benefits during my educational contractor case.