Can teachers get unemployment? Confused about California EDD rules for education workers

The 'conditional' part is interesting - my principal did say something like 'assuming the district doesn't have budget cuts.' Does that kind of language actually make the assurance less than 'reasonable'?

That wording could matter - EDD looks at how firm the offer actually was. The budget-cut caveat is exactly the kind of condition that's come up in appeals. Definitely worth filing and being honest about exactly what was said to you.

My sister works for a school district and they tell all the teachers not to bother filing but honestly that's the district trying to protect their unemployment tax rate not actually helping the teachers

I hadn't thought about keeping those emails. I do have one from my department head in May saying they 'expect' me back but that class assignments 'may shift depending on enrollment.' Is that enough to show it was conditional?

Save everything. That email sounds like it could support a conditional-assurance argument. The administrative law judge at an appeal hearing would look at the specific words used.

wait does it matter if ur a full time teacher vs part time? asking for my mom who does part time ESL classes at an adult ed center

The sub situation sounds way more complicated than I realized. I'm a credentialed full-time contract teacher but it's helpful to know there are these different categories.

SAME thing happened to me as a sub, spent weeks thinking I was automatically denied when actually my hold was something completely different. The reasonable assurance thing gets applied way too broadly imo

Exactly - EDD has to look at each situation individually. Getting that specific info from the agent about what was actually holding my claim made a huge difference in knowing what to do next.

So if August rolls around and the district tells me they're cutting the position, I could file at that point and potentially qualify?

Yes, that's exactly right. The reasonable assurance rule is about the period between school years. If the assurance doesn't hold up, you're treated like anyone else who lost a job.

This is really useful, I work at a private school and was told the same 'you can't get unemployment' line and just accepted it without ever checking

I did not know about the CalJOBS requirement at all. Do I need to post a resume on there even if I'm a teacher looking for similar work?

The DE 8405 will specify what EDD expects from you. Generally yes, posting a resume on CalJOBS is part of the registration requirement for most claimants.

CalJOBS also has actual job listings and workshops at America's Job Centers which is worth knowing about even if ur claim ends up denied

ok so I DO potentially fall under this then. I work at a private K-12 and they told me flat out teachers can't get unemployment, is that actually true or did they oversimplify?

They oversimplified. You can file - EDD decides, not your employer. If you got reasonable assurance of returning, you'd likely be denied for the summer gap, but if the assurance was conditional or uncertain, that changes things. Apply and let EDD make the actual call.

This whole thread is news to me. I taught at a charter school for two years and never once considered filing because I assumed it was impossible

This is exactly what I'm worried about - applying and then sitting in limbo not knowing why. How long did it take before you got any official notice?

About three weeks before the Notice of Determination showed up. The appeal window starts from the mailing date on that notice, not from when you actually receive it, so open and read it immediately when it comes.

the 30 day appeal clock starting from the MAILING date is so important. I almost missed my window because I thought it was from when I got the letter

So I could have a technically valid claim in terms of wages but still get denied because of the reasonable assurance rule?

Exactly. Those are two separate questions EDD looks at. Having enough wages to qualify doesn't get around the between-term rule if reasonable assurance exists.

my mom has like 8 years of wages from part time teaching so the base period should be fine, but I guess her assurance situation is what determines if she can actually get paid

That's genuinely helpful to know even if it's discouraging. So vague district-wide budget worries aren't enough - it needs to be specific to your position?

From what the judge said, yes. General school budget uncertainty didn't overcome the fact that my specific position had been confirmed. If the principal had told me personally my job was contingent on something specific, that might have been different.

This matches what I've seen in CUIAB decisions. The more specific the condition tied to your individual position, the stronger the argument that assurance was less than 'reasonable.

I would absolutely have made that mistake. So I could get a DE 429Z showing a weekly amount but still have my actual certification weeks denied?

Yes. The DE 429Z is basically EDD saying 'here's how much your claim could pay based on your wages.' It's not a decision on whether you qualify for specific weeks.

I got one of these when I filed two summers ago and genuinely thought I was approved. Then got hit with the between-term denial on my first certification and was completely blindsided

Whether school districts discourage filing for financial reasons I can't say for certain, but the factual part is correct: employers can't deny a claim, only EDD decides. File and let the process work.

My district's HR literally sent an email saying 'reminder that summer unemployment claims will be denied' - which yes is probably accurate for most staff but isn't their decision to announce

EXACTLY. Even if they're right about the likely outcome, it's EDD's call not theirs and stating it as a fact discourages people who might actually qualify

I hadn't thought about looking for summer work in the meantime. Do tutoring or summer school positions affect a UI claim if it's approved?

Any income you earn while certifying has to be reported for the week it was earned. EDD has a formula where the first $25 or 25% of weekly gross earnings, whichever is more, isn't counted against your benefit. Report everything and let EDD do the math.

The report wages option in UI Online is actually useful for checking how part-time earnings would affect a week before you certify - helps you understand what to expect

Filing and getting denied doesn't hurt any future claims. Each claim period is evaluated on its own. You'd appeal the denial within 30 days if you disagree with it, or if circumstances change (position gets cut, etc.) you could file again at that point.

The only risk of filing is an overpayment if you certify for weeks you weren't eligible for and get paid - but a denial doesn't create any kind of negative record that follows you

oh ok that makes sense. think my mom should just apply and see what happens then

The phone interview piece is new to me - EDD actually schedules specific interviews for teacher claims?

For anything where there's a question about eligibility - quit, fired, or in my case the between-term reasonable assurance issue - EDD schedules an interview. The notice (DE 4800) has the date and time, and apparently the time also shows on your UI Online homepage. I hadn't looked there carefully enough.

Missing the interview and not phoning EDD the same day was my biggest mistake my first time filing. EDD just decided based on what it had, which wasn't much, and denied me

I work at a year-round charter and genuinely had no idea this could apply to me during winter or spring breaks not just summer

Every break between terms at an educational institution is potentially subject to this rule. The length of the break matters too - EDD looks at whether it's a 'bona fide' break between school terms or just a weekend.

So for me with a mid-June to mid-August gap that's definitely long enough to be a between-term period for purposes of this rule

The adjunct community college cases are actually some of the most cited examples in CUIAB decisions on this topic. The key factual question is always how firm and specific the commitment was.

My CUIAB hearing referenced a community college adjunct case as precedent, which at least showed me the appeals board takes these cases seriously even if I ultimately lost

The hearing process is legitimate and the administrative law judges do look at the specifics carefully. It's not rubber-stamp denials at the appeal level even if the initial EDD decision often is

This is accurate. The rule covers same or similar position, so a district pointing to any available teaching assignment can potentially satisfy 'reasonable assurance' even if your exact schedule changes.

That feels pretty broad honestly. So even if they moved me from AP English to regular English sections, that could still count as assurance of returning?

Potentially yes, though it depends on what was actually communicated to you and how significant the change is. The appeal record would need to show what specifically was promised or expected.

Can I keep certifying while an appeal is pending? I don't want to lose out on weeks that might eventually be paid if I win.

Keep certifying every two weeks through any appeal. EDD can only pay back weeks that you actually certified for - if you stop certifying during the appeal and win, those uncertified weeks are gone.

This is so important and I did NOT know it my first appeal. Stopped certifying because I thought the whole claim was frozen and ended up forfeiting weeks I should have been paid for

I'm actually being offered some summer school hours which is what made me curious about all this in the first place. If I work partial summer school hours and get UI approved, I'd need to report those wages?

Exactly - report all wages for the week earned, whether from summer school, tutoring or anything else. The Report Wages option in UI Online lets you see how weekly earnings would affect that week before you certify.

The reporting rule is strict - wages go in for the week the work happened, not the week you get paid. If summer school runs Monday-Wednesday in one certification period and Thursday-Friday crosses into the next, you split accordingly

This is exactly the kind of outcome I was hoping to hear about. The language in my communications from the district is similar - 'assuming enrollment holds.' Did you have to gather a lot of documentation for the hearing?

Brought copies of the contract, emails from HR about my assignment, and a brief written statement summarizing the timeline. The key was having the specific conditional language in writing. Verbal conditions are harder to prove.

This is a good outcome to know exists. I think if I'd had anything in writing about my position being conditional I might have had a different result at my hearing

After reading everything in this thread I'm going to file, save all the communications from my district, and register in CalJOBS just in case. Thanks everyone - I feel way more prepared than when I posted this.

That's exactly the right approach. Let EDD make the actual determination instead of letting the district's HR department make it for you.

Good luck with the application. The DE 429Z showing your weekly amount will be the first concrete information you get back, and remember it's separate from the eligibility decision on your specific summer weeks.

The leave of absence situation is genuinely complicated for UI purposes - unemployment requires being able and available for work every week you certify, and if you have a job to return to it raises questions about availability.

That's exactly what the agent flagged - the question isn't just about why I stopped working but whether I'm actually available for other work right now. Something I hadn't fully thought through before filing.

I hadn't even considered the availability requirement - for the summer gap I'm definitely available and looking for work, but good to know that's something EDD actually asks about

School closures and mass layoffs are textbook cases where the reasonable assurance rule doesn't apply because there's nothing to return to. A teacher in that situation has the same path through UI as a laid-off employee anywhere else.

Both of my claims processed without any between-term issue because the district's situation was clearly documented. The first payment came through on the regular timeline after my waiting week and first certification.

Charter school closures have created some interesting claims over the years too - same principle, the assurance can't exist if the school doesn't

I applied online and went through the ID.me process during the application - is there any way to tell if that actually cleared or if I need to do more?

If your identity is verified, it won't show as a reason for pending weeks in UI Online Claim History. If the DE 1326C shows up in your mail, that's EDD telling you it still needs verification.

My pending weeks were entirely from incomplete ID.me verification - not from the reasonable assurance issue at all. The agent I reached confirmed my claim wasn't even at the eligibility question stage yet because identity was the first hold

So if I'm approved for say 10 summer weeks, I'd actually receive payment for 9 of them because the first is the waiting week?

Right - 9 paid weeks out of 10 eligible weeks, with the first serving as the waiting week. The total your claim can pay (shown on the DE 429Z) doesn't shrink because of it.

First certification usually covers the waiting week and the first paid week together - so your first actual payment is typically two weeks in after you start certifying