EDD denied my husband's claim for summer break at university - appeal options?

This is a common issue for education employees. Unfortunately, EDD generally denies benefits during scheduled breaks if you have a reasonable assurance of returning to work afterward. This is specifically mentioned in their education employee guidelines. However, you CAN appeal this decision, especially if there are any special circumstances. When you appeal, you'll need to explain why your husband's situation might be different from the standard "reasonable assurance" rule. Some possible angles: 1. If his fall position isn't guaranteed in writing 2. If his hours/pay will be significantly reduced compared to last semester 3. If there are any specific terms in his employment contract that might help your case File the appeal within 30 days of receiving the determination notice. Make sure to include his EDD Customer Account Number and any supporting documentation.

omg dealing with same thing right now!!! my wife teaches elementry school and they always deny her summer claims. its such bs because the school district dosnt pay her during summer but EDD says she cant get benefets either?? like what are we supposed to do just not eat for 2 months??

YES! Definitely appeal this! My husband works at a community college as an adjunct and we went through the exact same thing last year. What worked for us was appealing and emphasizing that there was NO GUARANTEE of fall employment (which is true for most adjuncts/TAs). We submitted his contract which showed it was term-by-term employment with no promise of future work. We won the appeal and got backpay for the summer period. Don't give up!

I went through something similar when I worked at UC system. The key is understanding California Education Code Section 1253.3 which restricts benefits for school employees during recess periods IF they have reasonable assurance of returning to work. You need to request an appeal hearing ASAP and focus on these points: 1. Whether his position is truly GUARANTEED for fall (get this in writing from HR if possible) 2. Whether there's any POSSIBILITY his position could be eliminated 3. If he's part-time/adjunct vs. tenure-track (part-time has better chance) In my case, I was able to get benefits because my department couldn't guarantee my exact hours would be the same in fall semester. Be prepared for a phone hearing where you'll need to explain all this to a judge. Also, while you're waiting for the appeal, try calling EDD directly to explain the situation. They're incredibly hard to reach by phone, but I've had success using this service called Claimyr (claimyr.com) that helps you bypass the phone tree and get to an actual EDD agent. They have a video showing how it works here: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km - it saved me hours of frustration. Sometimes talking to the right agent can resolve things faster than the formal appeal process.

dont waste ur time with appeal.... i tried last yr and they STILL denied me. education workers get screwed every summer. system is rigged against us tbh

One more important thing to note: if you're going to appeal, don't wait until the last minute. The appeals process can take 6-8 weeks under normal circumstances, sometimes longer if they're backlogged (which they often are). File the appeal the moment you decide to go that route. Also, make sure that while the appeal is pending, your husband continues to certify for benefits every two weeks as if he were eligible. If you win the appeal, EDD will only pay for weeks that were properly certified, so don't skip this step even though the claim is currently denied. You certify through the same UI Online portal, even for denied claims under appeal.

has anyone tried getting a different job just for summer and then quiting when school starts again? would EDD deny benefits for that too??

I've been working in university administration for 12 years and deal with this issue every summer with our staff. Here's what you need to know: The "reasonable assurance" rule is VERY specific. For your husband to be disqualified, the university must have provided him with a FORMAL assurance of employment for the fall term. If it was just a verbal "we'll probably have classes for you" or an email saying "we expect to have you back," that might NOT qualify as reasonable assurance under EDD guidelines. Request his personnel file from HR IMMEDIATELY. Look for any official documents promising fall employment. If there's nothing formal, use that in your appeal. Also, if his fall position would have significantly different hours or pay compared to his previous position, that can also invalidate the "reasonable assurance" disqualification. Don't give up - about 40% of education employee appeals for this issue are successful when properly documented!

My cousin had this exact problem with his community college job!! He appealed and won but it was because he could prove his hours weren't guaranteed to be the same. Took forever tho and we had to loan him money for rent while waiting :/

While you're waiting for the appeal process, check if your husband qualifies for any emergency assistance programs. Some options: - CalFresh (food assistance) - you may qualify even with income slightly above the normal limits due to having reduced income - Local rental assistance programs (many counties have emergency funds) - Utility payment assistance programs (LIHEAP or similar) - Credit union emergency loans (often have better terms than payday loans) Also, has your husband checked if the university offers any summer grants or hardship funds for staff? Some institutions have emergency funds for employees that most people don't know about.