Can substitute teachers claim EDD unemployment between assignments?
I've been working as a substitute teacher for the past 7 months, but the work is super inconsistent. Some weeks I get called for 3-4 days, other weeks absolutely nothing. Summer break is coming up soon, and I'm wondering if I can file for unemployment when school's out or even during weeks when I don't get any sub assignments? The district doesn't guarantee me any minimum hours, and I'm barely making rent with the sporadic income. Has anyone in a similar situation successfully claimed unemployment benefits? I'm confused about whether being a sub counts as "seasonal work" or if I'm considered "on call" or something else entirely. Any advice would be appreciated!
18 comments
Connor O'Brien
Yes, you can potentially qualify for unemployment as a substitute teacher, but it's complicated. You need to show you're "available for work" while not having enough hours. During the school year, you can claim for weeks when you get zero assignments, BUT you must report any income for weeks you do work (even if it's just one day). Summer break is different - you might qualify if you don't have "reasonable assurance" of returning in fall. If you're not guaranteed to be rehired after summer, apply! If they sent you a letter saying they'll call you again in fall, it's trickier but still worth applying. Make sure to explain your situation carefully when filing.
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Natasha Petrov
•Thanks for this detailed info! I haven't received any assurance letter for fall yet. Do you know if I need to provide any special documentation when I apply? I'm a bit worried because when I mentioned this to another sub, she said EDD automatically denies educational employees during summer breaks.
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Amina Diallo
I've been down this road before as a substitute teacher. Here's what happens: During the school year, you CAN claim unemployment for weeks you get zero assignments. Each week when you certify, you report any work/income from subbing. Summer is where it gets tricky - if the district sent you a "reasonable assurance" letter (basically saying they'll put you back on the sub list in fall), EDD will likely deny benefits for the summer break period. If you didn't get such a letter, you have a stronger case. Either way, I recommend applying - worst case they deny you, but they might approve. Just be 100% honest about your work situation when certifying.
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GamerGirl99
•This isnt always true tho. my cousin is a sub and they denied her even during school year saying she was "attached to the school industry" whatever that means. EDD rules make no sense sometimes!!
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Natasha Petrov
Thanks everyone for the responses so far. I'm still a bit confused about the "reasonable assurance" part. I checked my emails and I don't see anything specifically guaranteeing me a position for next school year, but I did sign a form back in September that said I'd be on the sub list for the 2024-2025 academic year. Does that count as reasonable assurance? Also, if I do apply, should I file now or wait until the last day of school?
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Connor O'Brien
•That form might count as reasonable assurance, but it depends on the exact wording. If it GUARANTEES you'll be on the list vs just saying you're eligible to be on the list, that's different. As for timing, I'd suggest applying right after your last day of school - if you apply too early, they might think you're still actively working. Make sure to save copies of any communications with the district about your employment status!
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Hiroshi Nakamura
i was a sub for 3 yrs and got unemployment every summer! trick is being honest but strategic. when they ask if you have reasonable assurane of work, you have to consider if you REALLY do. most districts don't guarantee hours for subs, so technically you DON'T have assurance of actual work. they might put you on a list but that doesn't mean you'll get called! apply and explain your situation clearlt. worst thing is they say no
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Natasha Petrov
•Thanks for sharing your experience! That gives me hope. Did EDD require you to look for other work during summer while collecting benefits?
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Isabella Costa
Everyone here is giving advice but nobody mentioned the MOST IMPORTANT THING: you need to have earned enough in your base period to qualify!!! EDD looks at your earnings from about 15-18 months ago, not just your recent months. If you only started subbing 7 months ago, make sure you had other jobs before that or you might not qualify based on earnings requirement alone.
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Natasha Petrov
•Oh wow, I didn't realize that! Before subbing I worked full-time at a retail job for about 2 years, so hopefully those earnings would count toward the base period. Thank you for pointing that out!
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Malik Jenkins
I've been through this exact situation. Trying to speak with EDD about substitute teaching was IMPOSSIBLE. I spent weeks calling hundreds of times just to get disconnected over and over. I finally used Claimyr (claimyr.com) to get through to an actual person who could understand my unique situation. They have a demo video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km. Once I got through, the EDD rep confirmed I could claim unemployment during weeks I had zero assignments AND during summer if I didn't have a guarantee of work in fall. Being able to explain my situation to a real person made all the difference - the online forms don't handle sub teaching situations well.
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GamerGirl99
•does this actually work?? i've been trying to call edd for 2 weeks about my claim!
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Freya Andersen
THE SYSTEM IS RIGGED AGAINST SUBS!!! I tried this last year and EDD denied me saying I had "reasonable assurance" even though my district NEVER guaranteed me any hours! They just said I "might" get calls next year! HOW IS THAT ASSURANCE?!?! I appealed and had to wait 4 MONTHS for a hearing where they finally reversed it. By then summer was over! The whole system is designed to deny benefits to school workers. FIGHT BACK and APPEAL if denied!!!
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Natasha Petrov
•That sounds incredibly frustrating, I'm sorry you went through that. If I get denied initially, I'll definitely remember to appeal. Did you have any specific evidence that helped win your appeal?
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Eduardo Silva
My sister substitute teaches and this reminds me of her situation last year. She applied during summer and got benefits for 6 weeks until school started again. She said the key was that her district didn't send the reasonable assurance letter until late June, so she applied before receiving it. However, during the school year she didn't bother applying during weeks with no assignments because the paperwork was too complicated for just a week of benefits here and there. Good luck!
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Natasha Petrov
•Thanks for sharing your sister's experience! I'll check with my district HR about when they typically send out reasonable assurance letters.
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Connor O'Brien
One more important point: if you do qualify for unemployment, you MUST be available for and actively seeking full-time work. This means you can't turn down suitable job offers because you're waiting for school to restart. You'll need to document your work search activities when you certify every two weeks. Some substitute teachers find they actually earn more during summer by taking temporary full-time jobs instead of collecting unemployment. Consider all your options!
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Natasha Petrov
•That's a great point about the work search requirement. I'm definitely open to other employment during the summer - honestly, I'd prefer steady work over unemployment benefits. I'll start looking for summer positions while also preparing my EDD application as a backup plan. Thank you!
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