Can substitute teachers claim EDD benefits during school breaks? Facing financial hardship
I've been working as a resident substitute teacher for Oakland Unified since September 2025, but now with winter break approaching, I'm panicking about how to cover bills. The district doesn't pay us during breaks, and I'm wondering if I qualify for unemployment benefits during the winter break (and eventually summer break too). I'm contracted as a resident sub, not a regular teacher, and work 4-5 days every week when school is in session. My HR department was super vague when I asked, just saying 'some subs qualify and others don't' without explaining what determines eligibility. Has anyone in a similar position successfully filed for benefits during school breaks? What documentation did EDD ask for to verify your status?
18 comments
Keisha Williams
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.
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Yara Nassar
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?
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Paolo Ricci
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!!!
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Yara Nassar
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.
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Paolo Ricci
she just showed them her contract that didnt promise any work after breaks. also had to do a phone interview i think
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Amina Toure
DONT WASTE YOUR TIME!!! I was a substitute for 3 years and EDD ALWAYS denied me because they said I had \
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Keisha Williams
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.
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Oliver Zimmermann
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...
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CosmicCommander
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.
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Yara Nassar
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?
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CosmicCommander
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.
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Natasha Volkova
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 :
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Amina Toure
YES!!! This is exactly what happened to me!! The district HR automatically contests EVERYTHING. They sent a letter saying I had \
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Javier Torres
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.
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Yara Nassar
Thanks for the clear explanation. My contract is for the school year (Sept 2025-June 2026) but has language saying
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Javier Torres
that language actually helps your case!
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Keisha Williams
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!
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Yara Nassar
Thank you! I'm going to gather all my paperwork this weekend and apply. I appreciate everyone's help!
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