Can substitute teachers get unemployment in California? My EDD claim keeps getting denied

This is incredibly helpful thank you. So the appeal is the right move? I'm within the 30 day window still, I got the letter last week. Where do I even file the appeal - is it on the UI Online portal or by mail?

yeah the reasonable assurance thing tripped me up too when i was subbing, edd just assumes everyone in a school is coming back but thats not how subbing works at all

Just want to add - even if one district sent you something informal like an email saying 'we hope to see you next year,' that may or may not constitute reasonable assurance depending on how specific it was. Vague 'we'd love to have you back' messages are generally NOT sufficient to establish reasonable assurance under California law. It needs to be a concrete offer for the upcoming term.

This gives me so much hope honestly. Did you have to go to a hearing or was it resolved through written submission?

Mine was resolved through written submission without a formal hearing. I submitted my appeal statement with documentation (showing my work history across both districts, the lack of any contract or assurance letter) and got a determination in my favor about three weeks later. Though I've heard others do end up at hearings - it may depend on the specific facts.

same outcome here, appeal worked without a hearing for me too. the written statement explaining sub teacher situation specifically was what made the difference i think

I'll look into this - I've been trying to call EDD for a week and keep getting the 'high call volume' message and getting disconnected. At this point I'd try anything to actually talk to someone.

seconding claimyr, used it when my adjudication dragged on forever and actually got answers. edd phone line is basically impossible otherwise

does it actually work?? i've been trying to reach edd for two weeks about something totally different and cannot get a human being on the line no matter what i try

Good questions actually. EDD would look at all employers in your base period collectively, but the reasonable assurance issue would apply to school employers specifically. It's possible one of the three districts reported something to EDD that triggered the determination. This is another reason talking to an EDD rep directly is valuable - to find out exactly which district(s) are the basis for the denial. Credential status shouldn't matter for unemployment eligibility purposes - the reasonable assurance doctrine applies to school employees broadly, not just credentialed teachers. What matters is whether assurance was actually given.

That's actually a really good point - I have no idea if one of the districts might have sent EDD something. I always assumed it was just automated. Adding that to my list of things to ask when I (hopefully) reach an actual EDD rep.

No honestly the commiseration helps lol. This whole thing has been way more complicated than I expected.

the worst part is even when you win the appeal you've lost weeks of potential benefits and the stress is just exhausting. i eventually left subbing partly because of the unemployment insurance uncertainty

same lol, the uncertainty of sub work on top of the uncertainty of whether you can even get benefits during the gaps is just too much

I don't think I got anything from any of the districts - I'll double check my email but I'm pretty sure there was nothing. Does the lack of any communication actually strengthen my appeal position?

Yes, significantly. If you received nothing - no letter, no email, no phone call offering you a position for next year - and you have no contract, your case for benefits is quite strong. EDD's denial may have been based on a general assumption about school employees rather than any specific information from your districts. Document that absence: keep records showing no communication was received.

this is the information i wish i'd had two years ago when i just accepted my denial and didn't appeal. had no idea i could push back on those boilerplate letters

WAIT - I didn't know I needed to keep filing weekly claims during the appeal. I stopped after the denial thinking there was no point. Is it too late to go back and certify those missed weeks??

This is important - contact EDD immediately about the missed certifications. There's a process called backdating or retroactive certifications that may allow you to certify for past weeks, but it requires speaking with an EDD rep and providing a reason for the late certifications. The fact that you received a denial and didn't know to keep filing is a valid reason. This is urgent - call EDD as soon as you can.

Yes please do this ASAP. Missed certifications during an appeal period is one of the most common ways people lose money they were entitled to after winning an appeal. EDD reps can sometimes authorize retroactive certification but you need to ask and the sooner the better.

File NOW - do not wait. California unemployment has a one-week waiting period that doesn't get paid anyway, and every week you delay is a week of potential benefits you might not recover. Go to edd.ca.gov and file your initial claim today. For eligibility: California EDD looks at your base period earnings (typically the first four of the last five completed calendar quarters). You need to have earned at least $1,300 in your highest quarter OR $900 in your highest quarter and total base period wages of 1.25x that amount. Many substitute teachers who work fairly regularly do meet this threshold.

okay filing right now thank you. should i be worried about the reasonable assurance thing too?

Possibly yes - if you receive a denial on those grounds, appeal it using everything in this thread. But file first and worry about that if/when it happens. Many sub claims don't get flagged for reasonable assurance, it varies by district.

Wish I'd known to do that from the start. Note for anyone reading this later - be really specific about sub/on-call status when filing the initial claim.

yeah EDD's initial claim questions aren't really designed with substitute teachers in mind, you kind of have to force the information in where you can

For non-hearing appeals (written submission only) I've seen anywhere from 2-6 weeks for a determination. If it goes to a formal hearing with an administrative law judge, it can take 2-4 months depending on backlog. The substitute teacher reasonable assurance appeals often get resolved at the written stage though.

The CUIAB (California Unemployment Insurance Appeals Board) handles formal hearings and they do have a significant backlog. But many EDD appeals get resolved before reaching that stage - EDD can issue a revised determination if the appeal raises issues they agree warrant reconsideration.

If the appeal is won, the claimant would receive benefits for all properly certified weeks from the start of their claim - which is why continuing to file weekly certifications during the appeal is so critical. The certification confirms you were able and available for work and actively seeking employment each week. Benefits for those weeks would be paid retroactively upon winning. Weeks where the claimant did NOT certify are generally lost, which is why the advice to contact EDD about retroactive certifications for missed weeks is so important for OP.

oh wow okay that makes way more sense now. the weekly certification thing is way more important than i realized

Okay adding job search log to my list of things to maintain. Do the three contacts need to be for teaching jobs specifically or any jobs?

Any jobs that you're genuinely qualified for and willing to accept. You don't have to limit yourself to teaching positions. The standard is 'suitable work' which is broadly interpreted but generally means work you're qualified for. Applying to be a cashier when you have a teaching credential might raise questions; applying to tutoring companies, educational support roles, office work, etc. would all be appropriate.

wait you have to do job search activities while your appeal is pending?? i had no idea. currently have a pending appeal and havent been tracking this

Yeah I'm going to try this today. The missed certification thing has me really stressed and I need to actually talk to someone about it, not just submit a message and wait a week for a response.

bookmarking this for my own situation too, thanks

Both actually. When you file a claim, EDD contacts your former employers to verify wages and employment details. Some districts proactively report that they consider their substitute employees to have reasonable assurance of returning. Others don't specifically address it and EDD applies its own interpretation based on the fact that you were a school employee. This is another reason why knowing the specific basis for your denial matters - whether it was district-reported or EDD-assumed affects your appeal strategy somewhat.

And some districts send EDD form letters stating all employees (including subs) have reasonable assurance as a blanket policy, which is exactly the kind of thing the appeals board has ruled doesn't necessarily constitute actual reasonable assurance for on-call employees.

Genuinely agree, I came here panicking and actually understand what's happening now. Will post an update when I hear back on the appeal.

please do update - it helps other people in the same situation to see real outcomes

If summer school is available and you're on the list, EDD might consider you able to work and not technically 'unemployed' in the traditional sense, which complicates things. The analysis shifts from the school break exception to a more standard availability question. You'd still potentially be eligible for weeks with zero earnings, but you'd need to be certifying that you were able, available, and seeking work - and 'seeking work' becomes interesting when work theoretically exists in your usual field. It's genuinely complicated and this is the kind of nuanced situation where talking to an EDD rep or even a free consultation with an employment attorney could be really valuable.

okay that's kind of a different situation then, good to know. my district does offer some summer programming so i may need to think about this differently

Yes this is important. The reasonable assurance exception applies to 'between terms' periods, so any school break qualifies. Winter break claims for school employees get denied on these grounds too and a lot of subs don't realize they can appeal those too.

oh wow i never thought to file during winter break, always just assumed it wasn't worth it

Good to know, hopefully it resolves at the written stage but I'll keep that in mind.

I didn't know legal aid did unemployment appeals, that's actually huge information. A lot of people dealing with EDD probably can't afford an attorney.

Yes - Bay Area Legal Aid, Bet Tzedek, and other California legal aid organizations do provide free assistance with unemployment appeals. Income eligibility requirements apply but many people dealing with unemployment qualify. Well worth a phone call if your appeal goes to hearing.

Will definitely update. Filed my appeal this afternoon through UI Online, wrote out a full statement about the on-call nature of my work and the absence of any assurance communication from any district. Also sent a message about the missed certifications. Next step is trying to actually get an EDD rep on the phone about those missed weeks - going to try Claimyr tomorrow morning since my regular call attempts have gone nowhere. Thank you everyone in this thread, genuinely didn't know where to start this morning and now I have a clear action plan.

You've got this. The facts are on your side if you truly received no assurance communication - that's exactly the situation the appeals process is designed to address.

Good luck. The combination of filing the appeal and getting those retroactive certifications sorted is exactly the right move. Let us know how it goes.