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Oliver Cheng

Do teachers get unemployment the summer - California EDD rules explained

Okay so I'm a classroom aide at a middle school, been there four years, and my contract ends June 20th every year. Every fall they bring me back, same position, same school. But right now it's June and I have zero income for the next ten weeks. I tried looking this up and kept finding stuff about 'reasonable assurance' but I honestly don't know what that means or whether it applies to me since I'm not a full credentialed teacher, just an instructional aide. My coworker said she filed last summer and got denied, but another coworker said she got approved. So clearly something is different between their situations and I can't figure out what. Has anyone who works in a school setting actually gotten California EDD unemployment over the summer? I already applied online through myEDD at https://myedd.edd.ca.gov/ last Friday and I'm just waiting to hear something. The not knowing is the worst part.

Paraprofessionals, aides, classified staff - the 'reasonable assurance' question hits all of you, not just credentialed teachers. The way it basically works is this: if your school or district gave you any kind of offer, letter, verbal confirmation, or even a pretty solid hint that you're coming back in the fall, EDD treats that as a 'reasonable assurance' of work. When that happens, they can deny benefits for the summer gap. But if you got nothing in writing and nobody told you anything official about returning, your situation looks very different to EDD. The tricky part is that 'reasonable assurance' doesn't have to be a signed contract - it can be much more informal than that, which is why your two coworkers got different results. Did your school give you anything at all about next year?

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Nothing in writing at all. My supervisor just kind of assumes I'll be back, which I also assume, but nobody has handed me a letter or made any formal offer. Does a verbal 'see you in August' from my principal count?

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That verbal stuff is exactly the gray zone EDD has to sort out. The phone interview is where you explain exactly what was and wasn't said to you.

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EDD will ask about this during the interview - what specifically was communicated, by whom, and how certain it sounded. 'See you in August' from a principal could be treated as assurance depending on how EDD weighs it. Tell them exactly what happened, word for word.

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Summers between terms were the reason I finally called EDD directly last year. Para position at an elementary school, same contract situation - ends in June, historically restart in August. After applying, my claim sat with a pending interview scheduled for about 10 days out. The pending weeks in UI Online had me worried so I ended up getting through to an EDD agent using Claimyr (claimyr.com) - it handles the hold time so you end up talking to a live person. Here's the video they have about reaching a live person at EDD if you want to see what that's like: https://youtu.be/JmuwXR7HA10. The agent pulled up my claim and told me the interview was specifically to determine whether I had reasonable assurance of returning, and that the outcome depended on what documentation my district had sent. She also said to bring any texts, emails, or notes from my supervisor to the interview because those count as evidence of what was communicated.

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Super helpful. I'm going to screenshot every text I've ever gotten from my supervisor just in case. The interview notice is showing on my UI Online homepage now and it's next Thursday.

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Good call saving those texts. Anything that shows what your employer actually told you about fall is fair game to bring up during the interview.

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DE 4800 is the notice for the interview - double check the time on that form and also on your UI Online homepage so you don't miss it. Missing it makes everything harder.

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The summer unemployment question for school workers genuinely depends on the type of assurance the district gave, not just whether you're a certificated teacher or an aide. I've seen classified employees get approved and I've seen teachers get denied. EDD looks at what was actually communicated between you and your employer, not at your job title.

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This matches what I went through. My position was classified staff, not a teacher, and I was denied the first time. I appealed it and ended up winning because the 'assurance' I'd received was way too vague to count.

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How did the appeals process work for you? I'm already thinking ahead in case I get denied.

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EDD sends a Notice of Determination with a denial reason and an Appeal Form (DE 1000M) attached. You have 30 days from the mailing date to appeal in writing. At the hearing, an administrative law judge listens to both sides. I just explained exactly what my supervisor said and didn't say. Keep all your texts and emails from anyone at the school.

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Honestly the whole reasonable assurance thing is kind of a trap for school workers because the district knows exactly what to say to EDD to block your benefits. They send a form response saying you have assurance of returning and EDD takes that pretty seriously unless you can show otherwise. It's really frustrating when you don't actually have a signed contract and you're just 'expected' to come back.

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The employer's response does carry weight, but it's not automatic. EDD still evaluates what specifically was communicated and whether it rises to the level of genuine assurance. That's exactly why the phone interview exists - to get the claimant's side of the story too.

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Yeah I know but good luck getting through to EDD to even ask what's happening with your claim lol. I called like 11 times in one day and got disconnected every single time.

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The live chat through the Help button in UI Online actually works sometimes if you're logged in - open from 9 to 2 Monday through Friday. Not perfect but better than the phone roulette some days.

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Filed for unemployment two summers ago as a school secretary, different from a classroom teacher but still a 10-month employee. Got a denial based on reasonable assurance, but it turned out the district had made an error in what they reported to EDD - they said I had been given a formal return offer when I hadn't. Appealed it and won. The moral I took from it was to actually read the denial notice carefully because sometimes the stated reason contains a factual mistake about what your employer claimed.

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I hadn't thought about that - the idea that EDD's denial might be based on wrong information from my employer. That's genuinely useful, thank you.

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Read every word of the Notice of Determination when it comes. If anything in the stated reason doesn't match your actual experience, that's your appeal.

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Employer responses to EDD are submitted by HR departments and mistakes happen. You're allowed to dispute their account during the interview and during an appeal hearing.

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wait does this reasonable assurance thing only apply during summer or also like winter break and spring break

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It covers all the gaps between terms - winter break, spring break, summer, all of it. Any period between academic terms where the school worker has reasonable assurance of returning to work in the following term is affected by this rule.

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ugh so i probably couldn't claim for spring break either even though it's only a week

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A one-week break is usually too short to even complete a full certification period anyway, since you certify for two-week chunks. Summer is typically where this matters most practically.

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CalJOBS registration is something a lot of school workers forget about when they file. After you apply, EDD sends a Notice of Requirement to Register for Work (DE 8405) and you generally have 21 days from that date to get your CalJOBS profile set up and your resume posted. Missing that window can stop your payments even if you're otherwise eligible. Check caljobs.ca.gov and make sure your profile is active.

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I actually hadn't heard about the CalJOBS requirement at all. I'll go set that up today. Is a school-focused resume okay or do they want something more general?

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Any resume that reflects your actual work experience is fine. The requirement is just that one is posted and your profile is active - EDD doesn't grade the resume content.

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CalJOBS is also worth using beyond the EDD requirement honestly - they list actual job openings and you can connect with an America's Job Center of California if you want help with your search over the summer.

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The waiting week is something that trips people up the first time. When your claim is set up and you start certifying, the very first week of the claim is an unpaid waiting period - that's just how it works, it doesn't take anything away from your total, it's just that first week is never paid. So your first certification period usually covers that waiting week plus one actual paid week.

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So I'll be paid for one week even though I'm certifying for a two-week period the first time?

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Exactly right. First cert covers two weeks, one is the waiting week (no pay), one is your first real paid week. After that you're certifying every two weeks for two paid weeks.

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I thought the waiting week counted against your total weeks though? Like your 26 weeks?

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Nope, that's a common mix-up. The waiting week doesn't count against your 26 weeks of benefits at all. Your total stays intact.

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Something that came up during my own EDD phone interview about summer benefits as a school counselor: they specifically asked whether my return offer was for the same position, same location, and same hours. Not just whether I was returning, but the terms of that return. If your assurance is conditional on budget approval or enrollment numbers or anything like that, it may not qualify as a solid enough offer.

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Mine definitely is conditional - aide positions at our school depend on enrollment numbers each year. So my hours could theoretically change. Does that affect the assurance question?

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That's exactly the kind of detail that could weaken what the district claims as 'assurance.' Bring that up during your interview. If the job itself isn't guaranteed at the same terms, that's worth EDD knowing.

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Conditional offers are specifically one of the factors EDD looks at. 'You'll probably be back if enrollment holds' is very different from 'your position is confirmed for August 28th.

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my friend told me teachers can't get unemployment ever because they knew going in the job had summers off. that doesn't sound right to me but she said it very confidently

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That's not how EDD looks at it. The question isn't whether summers are expected, it's whether the school worker has reasonable assurance of returning to a position in the next term. If there's no such assurance, benefits can be paid. Plenty of school employees collect unemployment over summer.

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okay so it's not like a blanket ban, good to know. i'll tell her she was wrong lol

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The 'you knew the schedule' argument doesn't hold up with EDD - what actually matters is the specific communication about your return, not what anyone understood about education in general.

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Weekly benefit amount gets calculated from your highest-earning quarter in a specific base period going back roughly a year before you filed. For school workers on 10-month contracts, that can sometimes work out to a lower benefit because the summer months of zero earnings are built in. The most you can get is $450 a week in California. If you want an estimate before your DE 429Z comes in the mail, EDD has an Unemployment Benefit Calculator on their site at edd.ca.gov where you can plug in your quarterly wages.

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My quarterly wages as an aide are pretty modest so I know I won't be getting anywhere near $450. Even $200 a week would help though.

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Whatever you're eligible for, it's worth going through the process. Just make sure you're certifying every two weeks once payments start - you do that through UI Online or by calling the EDD Tele-Cert line.

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Got denied for summer unemployment last year as a special education aide and I want to tell you that the appeal process is way less scary than it sounds. You file the DE 1000M form or just write a letter within 30 days, it goes to the California Unemployment Insurance Appeals Board, and an administrative law judge holds a hearing where you explain your situation under oath. I represented myself, just brought my own notes and explained what had and hadn't been communicated to me about returning. The hearing is recorded and the judge's decision comes in the mail. I won mine.

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How long did it take from when you filed the appeal to when you got the decision?

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I honestly don't remember the exact weeks - EDD's appeals timelines aren't something I can pin down for you, but it felt like a couple of months. The judge's written decision eventually came in the mail.

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Keep certifying the whole time the appeal is pending. EDD can only pay back the weeks you actually certified for. If you stop certifying while you wait, you lose those weeks even if you win.

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Pension and retirement income question for older teachers reading this: EDD considers whether you're drawing a pension, and it may reduce your weekly benefit amount. EDD decides the specifics of how it applies to your individual case. Worth mentioning it accurately when you certify rather than leaving it out.

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Pensions from previous employment can factor in. EDD looks at the pension source and makes the call on how it affects benefits. The safe move is always to report it accurately and let EDD do the math.

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Does Social Security count as income you have to report? I've seen people say yes and people say no.

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Social Security benefits are specifically not deducted from unemployment and you don't report them when certifying. That one's clear. Pensions are different - those get reported and EDD decides how they affect your payment.

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NOBODY EVER tells you about the 1099G at the start. If you do get paid over the summer, unemployment benefits count as federal taxable income. EDD sends you a 1099G form in January and it's also in UI Online under Payments. California doesn't tax unemployment income at the state level which is at least something. You can choose to have 10 percent withheld for federal taxes each time you certify if you don't want a surprise at tax time.

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Good to know ahead of time. I'll probably set up the withholding since I don't want to owe a lump sum in April.

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It's an option you can choose each time during certification. Worth doing if you don't have another way to set aside money for taxes over the summer.

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Former high school teacher here, now working in a district office. The 'reasonable assurance' standard was actually litigated extensively decades ago and the reason it exists is specifically to prevent school districts from paying into unemployment for employees they intend to bring back. What that means practically is that districts have strong incentives to send EDD documentation that makes it look like every employee has assurance even when the communication was vague or conditional. Know that going in.

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This context is really useful. The employer response to EDD isn't necessarily neutral or just factual - there's an institutional interest in characterizing whatever was said as a firm return offer.

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This is making me feel like I should document everything I haven't received in writing, not just what I have. Like, the absence of an official offer letter is itself evidence.

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Exactly. The lack of a formal written offer, the conditional language used, the fact that staffing depends on enrollment - all of that tells EDD's interviewer something about how solid the alleged assurance actually was.

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Something that helped me between my denial and my appeal was that I kept certifying the entire time even though I'd been denied. When I eventually won, EDD was able to go back and pay the certified weeks. If you stop certifying because you assume the denial is final, you can't reclaim those weeks later. The appeal doesn't automatically fix weeks you didn't certify for.

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This is probably the most practically important tip in this whole thread. Keep certifying no matter what, got it.

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Agreed - certifying through the denial and the appeal is essential. Even if you have zero expectation of winning, keep certifying.

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The EDD phone line is 1-800-300-5616, open 8 to 5 weekdays. If you need to reach someone about your pending interview or what documentation to bring, that's your main route. Live chat in UI Online (Help button, 9 to 2 Monday through Friday) is a second option once you're logged in. For non-urgent stuff you can also send a message through your UI Online account and someone will respond eventually, though 'eventually' is doing a lot of work in that sentence.

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' Eventually is generous lol. I sent a message through UI Online and it took 11 days to get a response. By that point'I d already figured it out through othermeans.

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Yeah the message response time is not EDD's strong suit. For anything time-sensitive, the phone or chat is better.

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My claim had a question about which weeks were still pending from last summer and I ended up talking to an agent through Claimyr - walked away knowing exactly which week the issue was on and what document EDD was still waiting for. Saved me from sending in the wrong thing.

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Can you file a California EDD claim if you live in another state now but worked in California schools all year?

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Someone who worked only in California files a California claim even if they've since moved somewhere else. Your wages are still California wages and the claim goes through California EDD. If you worked in California and also in another state within the past 18 months, that's handled differently - you'd file a combined wage claim, which you'd do by phone, fax or mail rather than online.

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Okay I only worked in California so it sounds like I'm fine filing through myEDD as usual even with my new address.

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Right, just make sure your current address is correct in your profile so your notices and any correspondence reach you.

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The base period thing trips a lot of teachers up and I want to explain it because I've seen people get frustrated when their recent raise doesn't seem to affect their benefit amount. EDD looks at your wages from roughly a year before you filed - specifically the first four of the last five completed calendar quarters. If you just got a raise this past spring semester, that quarter might actually fall outside the standard base period window and your benefit amount reflects older, lower wages. EDD will automatically check if the alternate base period (the most recent four completed quarters) would give you a valid claim at all, but it only kicks in when the standard period doesn't get you a valid claim in the first place. It doesn't just bump your benefit up because your most recent earnings are higher.

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I did get a small raise this year and was vaguely hoping that would make my benefit higher. Sounds like it probably won't.

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Probably not, unless your standard base period wages don't meet the minimum threshold. The DE 429Z that EDD mails you will show the actual calculated amount.

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The benefit calculator on edd.ca.gov can give you a rough estimate if you have your quarterly earnings from your pay stubs or W-2. Worth running through before the DE 429Z arrives just so the number isn't a surprise.

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The work search requirement runs even during a summer claim, assuming you're approved. You have to be able and available for work every week you certify. For teachers and aides who fully intend to return to their school in fall, 'available for work' is a real question to think through. EDD can ask about it. If you're essentially planning to do nothing but wait for August, you should be genuinely available and looking, not just checking boxes.

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This is something I honestly wasn't thinking about. I was sort of planning to just wait the summer out. I should actually be applying for things?

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You have to be genuinely able and available, yes. EDD doesn't publish a specific number of contacts required - just that you're actively looking each week. Keeping your own notes on where you apply is a good habit.

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Summer school positions, tutoring programs, childcare, district office work - there are actually often education-adjacent openings in summer that make sense to apply to if you're in that field.

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kind of related but does the aide have to list her school as an employer when she certifies if she works there again in fall while still on the claim from summer

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Any weeks you work during an open claim, you report what you earned for those weeks. If you go back to work in August and earn wages, those get reported during certification for those weeks. The benefit amount for weeks you work gets reduced based on how much you earned, and full-time work means no benefit that week. Report wages for the week they were earned.

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okay and the report wages thing in ui online, do you do that before you certify?

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Report Wages in UI Online is for looking at how wages in a specific week would affect your payment before you certify - it doesn't actually replace the certifying step or change weeks that are already submitted. When you're certifying, you answer the wage questions right there in the certification itself.

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For anyone still wrestling with the phone situation - my second summer dealing with a school-worker claim and a stalled pending status, I went through Claimyr again. This time the agent confirmed my CalJOBS registration had actually processed correctly and that the pending week was waiting on a wage verification from my school district, not anything I'd done wrong. Knowing that let me just wait instead of assuming I needed to do something.

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That's exactly the kind of information that would calm me down. Knowing whether the hold-up is on my end or EDD's end makes a huge difference.

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Pending in Claim History just means EDD is working on something - could be identity, wages, eligibility, anything. Knowing which one it is at least tells you whether you're waiting or whether you need to act.

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Last thing worth mentioning for the original poster and anyone else reading: the DE 429Z mailed by EDD shows your weekly benefit amount and claim balance. It is not an approval of your eligibility - people mix these up and assume once that form arrives they're set. Eligibility for school workers going through the reasonable assurance question gets decided after the phone interview. The DE 429Z just tells you what the claim could pay if you're found eligible.

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That's a really important distinction. I would have assumed that form was my approval. Good to know I shouldn't treat it that way until after the interview.

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EDD doesn't send a letter saying 'you're approved' - you find out by either getting paid or by receiving a Notice of Determination. If the determination says you're disqualified, that's when you decide whether to appeal.

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The 30-day clock to appeal starts from the mailing date on the Notice of Determination, not from when you receive it. Open your mail the day it comes if you're in the middle of a determination.

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