Can substitute teachers claim EDD benefits during summer breaks when permanent teachers get priority?
I've been substitute teaching in Los Angeles Unified for the past 8 months but now that summer's approaching, I'm getting barely any calls because permanent teachers get first dibs on summer school positions. My last day was May 28th and I'm not expecting any work until mid-August when the new school year starts. Can I file for unemployment during these summer months? I've heard mixed things from other subs - some saying we definitely qualify since we're effectively laid off, others saying EDD considers it a 'planned break' so we're ineligible. I really need the income to get through summer. Has anyone successfully claimed unemployment as a substitute teacher during summer break? What documentation did you need to provide?
18 comments
Ava Martinez
Yes, substitute teachers CAN claim unemployment benefits during summer breaks in California. This falls under what EDD calls "reasonable assurance" rules. As a substitute, you typically don't have "reasonable assurance" of returning to work because sub positions aren't guaranteed, unlike contracted teachers. When you file, make sure to indicate that you're available for ANY suitable work, not just teaching positions. Also, be very clear that your work as a substitute is "on-call" and not a regular, guaranteed position.
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Dmitry Sokolov
•Thank you! This is such a relief to hear. Do you know what documentation I should have ready when I apply? Should I get something from my school district showing I'm not guaranteed work during summer?
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Miguel Ramos
idk my sister subs and she gets unemployment every summer. She says just apply and be honest. they might interview you by phone to verify stuff.
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QuantumQuasar
No offense to the previous responses, but this actually depends on YOUR SPECIFIC SITUATION with the district. Not all substitute teachers automatically qualify. It depends on whether you have "reasonable assurance" of work in the fall. If the district has sent you ANY kind of letter stating that they expect to use your services again in the fall semester, EDD might consider that "reasonable assurance" and deny your claim. One of my friends got denied because she received an email from her district saying "we look forward to working with you in the upcoming school year" - EDD considered that reasonable assurance! You need to be prepared to explain why you DON'T have reasonable assurance (like if your contract specifically states you're hired on a day-by-day basis with no guarantee of future work).
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Zainab Omar
•THIS!! I got DENIED last summer even tho I had subbed for 2 yrs because I stupidly told them I expected to be hired again in fall. The key is that you have NO GUARANTEE of future employment!!
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Dmitry Sokolov
•Oh that's concerning. I did get an email saying they "anticipate my services will be needed in the fall" but nothing guaranteeing hours or pay. Is that enough to disqualify me? Do I need to explicitly ask the district for a letter clarifying I don't have guaranteed work?
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Connor Gallagher
I've been a substitute for 8 years and here's what I've learned about EDD: everything hinges on the "reasonable assurance" concept mentioned above. Here's the key - even if you received a letter saying they want you back in fall, if you can prove your work is SUBSTANTIALLY LESS in terms of pay or hours compared to your regular academic year employment, you might still qualify. When you apply, be prepared for an eligibility interview. EDD will likely schedule a phone interview to determine if you qualify. During this interview: 1. Explain that as a substitute, you're called on an as-needed basis 2. Clarify that you have no guaranteed hours or income 3. State that you're available for all suitable work, not just teaching 4. Emphasize that summer school assignments prioritize permanent teachers If they initially deny you, APPEAL! Many subs get approved on appeal when they can clearly explain their situation.
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Dmitry Sokolov
•This is incredibly helpful, thank you! I'm going to gather documentation showing how my hours have fluctuated throughout the year to demonstrate the on-call nature. Do you think I should reach out to EDD directly before applying to ask about my specific situation?
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Yara Sayegh
you should TOTALLY apply!!! i'm a sub too and i get unemployment every summer and winter break. the key is when they ask about "reasonable expectation" or whatever you say NO. because we DON'T have guaranteed work! they might ask if you got any letter from the district about coming back next year but those letters don't actually promise any specific work so it's not a guarantee!!!!
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Keisha Johnson
I've been through this exact situation and had to FIGHT with EDD for my benefits. The first time I applied, I got denied because of the "reasonable assurance" issue everyone's mentioned. I spent WEEKS trying to get through to EDD on the phone to appeal - it was virtually impossible to reach anyone. I finally discovered Claimyr (claimyr.com) which got me connected to an EDD rep within 20 minutes instead of spending days redialing. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km Once I got through and explained my situation clearly to the rep (that as a substitute I had no guaranteed hours or income), they helped push my claim through. The key was getting to speak to an actual person who understood the nuances of substitute teaching employment.
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Dmitry Sokolov
•Thanks for the tip! I've heard the phone lines are impossible right now. If I run into issues getting through I'll definitely check out that service. Did you have to provide any specific documentation when you appealed?
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Keisha Johnson
•I provided my substitute assignment history showing the irregular pattern of work (some weeks with 5 days, others with none), plus the district's sub policies that explicitly state assignments aren't guaranteed. The other crucial thing was getting the district HR to provide a statement confirming subs are on-call employees with no minimum guaranteed hours. Getting through to an actual EDD rep to explain all this was what made the difference.
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QuantumQuasar
Here's something important no one has mentioned yet: when you certify for benefits each week, you MUST be available for and actively seeking work. This means you can't go on vacation or be unavailable for job opportunities. You'll need to list your job search activities for each week. You must be looking for ANY suitable work, not just substitute teaching positions.
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Dmitry Sokolov
•Good point! I was planning to pick up some gig work or part-time jobs over the summer anyway. Does EDD require a specific number of job applications each week? And if I do get occasional single-day subbing assignments, I just report that income for that week, right?
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QuantumQuasar
•Under current rules, you need to complete at least 3 work search activities each week. This can include applying for jobs, attending job fairs, networking, etc. And yes, if you get occasional subbing work, you report those earnings for the week you worked (not when you get paid). EDD will reduce your benefit amount for that week based on what you earned, but you'll still get partial benefits if you earn less than your weekly benefit amount.
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Zainab Omar
i got denied last yr and my friend got approved makes NO SENSE the system is completely BROKEN
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Ava Martinez
To help ensure your claim gets approved, I'd suggest taking these steps: 1. Apply online through UI Online as soon as your last day of work ends 2. When asked if you have reasonable assurance of returning to work, be truthful but make it clear your work is on-call with no guarantees 3. Request a letter from your school district that specifically states you are employed on an "as-needed" basis with no guaranteed hours 4. Start documenting your job search activities now (keep a spreadsheet of where you apply) 5. Be prepared for the phone interview by having documentation ready showing the variable/inconsistent nature of substitute assignments Also, make sure to file your claim against the school district, not individual schools. The specific employer should be LAUSD if that's who processes your paychecks.
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Dmitry Sokolov
•Thank you for this detailed advice. I'll request that letter from HR tomorrow and start keeping detailed records of my job search. I just want to make sure I'm doing everything by the book since I really need this to carry me through until fall.
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