Can substitute teachers claim EDD benefits during school breaks? Facing financial hardship

This is definitely a confusing area with EDD! As a resident substitute teacher, you may qualify for benefits during recess periods if you don't have reasonable assurance of returning to work after the break. The key factor EDD looks at is whether you have a written guarantee of returning to the same position. If you're just on a day-to-day assignment basis without a contract guaranteeing your position after the break, you likely qualify. But if you have a formal agreement promising the same position after the break, EDD typically considers that 'reasonable assurance' and you wouldn't qualify. When you file, upload any documentation showing your employment status (paystubs, employment agreement, etc.) and be prepared to explain your specific situation during your eligibility interview.

Thank you! I have a letter that says I'm a resident sub for the school year but it doesn't specifically guarantee hours or placement after breaks. Should I include that with my claim?

my sister is a sub and she gets benefits every summer break. just make sure u tell EDD ur not guaranteed work after the break ends. they gonna ask for proof but its worth it!!!

That's encouraging to hear! Do you know what kind of proof she had to provide? I'm so stressed about making rent in January.

she just showed them her contract that didnt promise any work after breaks. also had to do a phone interview i think

DONT WASTE YOUR TIME!!! I was a substitute for 3 years and EDD ALWAYS denied me because they said I had \

There's an important distinction here that might apply to the OP's situation. The EDD treats different types of substitute arrangements differently. Day-to-day subs (who are called as needed) are treated differently from resident subs with longer-term assignments. The key is whether there's written reasonable assurance of continued employment after the break. If the employment agreement doesn't guarantee work after the break, there might be a valid claim.

I'm in the exact same boat! Just started as a resident sub with LAUSD this year and wondering about winter break too. Following for any advice...

I worked as a resident substitute for 2 years and successfully claimed unemployment during summer breaks. The process can be frustrating though - EDD is notoriously difficult to reach by phone when you have questions. For my case, I needed to explain during my eligibility interview that my contract didn't guarantee me work after the break. When I had trouble reaching someone at EDD to explain my situation, I used Claimyr (claimyr.com) to get through to a representative quickly. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km. Saved me from waiting weeks to get my questions answered. Make sure your claim clearly states you have no reasonable assurance of work after the break period ends.

That's so helpful, thank you! I'll check out that service if I can't get through. Did you have to reapply each break or just certify?

You'll need to file a new claim for each break period. For winter break (which is shorter), it might be more complicated since there's usually a waiting week where you don't get paid. Since winter break is only 2-3 weeks for most districts, you might only receive benefits for a week or so. Summer is more straightforward because it's longer.

did anyone have issues with the school district contesting ur claim? my friend works as a teacher's aide (not a sub) and the district told EDD she had reasonable assurance of work after summer so she got denied and had to appeal. took MONTHS to resolve and she was so broke :

YES!!! This is exactly what happened to me!! The district HR automatically contests EVERYTHING. They sent a letter saying I had \

here's what you need to know: if your resident sub position has a clear contract that ends before the break and doesnt guarantee position after, you qualify. if your contract spans the entire school year including breaks, you probably don't qualify. the distinction is super important when you file your claim. make sure to certify every two weeks even while waiting for a determination.

Thanks for the clear explanation. My contract is for the school year (Sept 2025-June 2026) but has language saying

that language actually helps your case!

One more important detail: when you file your claim, make sure to correctly answer the question about whether you have reasonable assurance of returning to work. Be honest but precise - if your contract doesn't specifically guarantee your position after the break, then technically you don't have reasonable assurance. Also, be prepared for an eligibility interview - EDD almost always schedules these for school employees to determine if you fall under the school employee provisions. During the interview, clearly explain your resident substitute status and lack of guaranteed work during breaks. Good luck!

Thank you! I'm going to gather all my paperwork this weekend and apply. I appreciate everyone's help!

Good luck with your application! Just wanted to add one more tip - when you're gathering your paperwork, also include any email communications with your district about your work schedule or status. Sometimes those casual emails can actually help clarify whether you have guaranteed work or not. Also, if you do get approved, remember that you'll need to be available for work and actively seeking employment during your benefit period, even during the break. This means you should be applying for other temporary positions or day-to-day sub work with other districts if available. The "work search" requirement still applies even for school employees during recess periods.

As a day to day substitute teacher you qualify because the reasonable assurance given to you depends on these factors: enrollment, funding, program changes. Thus making the reasonable assurance given to you a bogus assurance. File, if denied appeal and a reasonable judge will overturn the denial.

I'm also a substitute teacher and went through this exact situation last year! The key thing that helped me was documenting everything carefully. When I filed my claim, I included my employment letter (which was similar to yours - stated I was a sub for the school year but didn't guarantee specific hours or placement), along with pay stubs showing the irregular nature of my work schedule. EDD initially flagged my case for review, but during the phone interview I emphasized that while I had a general assignment as a resident sub, there was no written guarantee of work resuming after the break. I was approved and received benefits for both winter and summer breaks. The process took about 3-4 weeks from filing to first payment, so definitely apply as early as possible before your break starts. Also keep copies of everything you submit - EDD sometimes "loses" documents and you'll need to resubmit. Hang in there, the financial stress during breaks is real but there is help available!

I'm a former substitute teacher who dealt with this exact situation! One thing I'd add that hasn't been mentioned yet is to be really careful about the timing of when you file. Don't wait until your last day of work before winter break - file your claim about a week before the break starts. This gives EDD time to process your initial application and potentially schedule your eligibility interview while you're still technically employed, which can actually help your case. During my interview, the EDD representative specifically asked whether I was actively working when I filed (I was) and whether my last day of work was clearly defined (it was - the day before winter break). Having that clear end date actually strengthened my claim because it showed there was a definite gap in employment with no guaranteed return date. Also, when you file online, there's a section where you can upload documents - definitely include your employment letter there rather than waiting for them to request it later. The more documentation you provide upfront, the smoother the process tends to go.

I'm a substitute teacher who went through this process twice - once successfully and once with complications. The key lesson I learned is that your resident sub status actually works in your favor compared to regular day-to-day subs, but you need to frame it correctly. When I filed my first claim, I made the mistake of emphasizing that I was a "resident" sub, which EDD initially interpreted as having more job security. This led to a denial that I had to appeal. The second time (different school year), I focused on the fact that despite being called a "resident" sub, my contract explicitly stated that work was contingent on enrollment, funding, and operational needs - and that no specific hours or classroom assignments were guaranteed during or after breaks. I also included documentation showing that my pay stopped completely during breaks (no salary continuation), which helped demonstrate that the district didn't consider me to have ongoing employment during non-work periods. The appeal process for my first claim took nearly 8 weeks, so definitely get your language right the first time. Document everything and keep emphasizing the lack of guaranteed work rather than your title or position type.