EDD eligibility during school district winter break - unpaid paraprofessional
Hi everyone, I'm working as a paraprofessional/educator but through a third-party company that contracts with the school district. Our winter break runs from December 14th to January 9th, and unlike district employees, I don't get paid during this time off. The company basically just puts us on temporary layoff during school breaks. This is a pretty big financial hit (almost 4 weeks without income). Can I file for unemployment benefits to cover this gap? Has anyone else in a similar position (contract school staff) successfully claimed unemployment during scheduled school breaks? The bills don't stop just because school does...
18 comments
Sean Fitzgerald
Yes, you should be eligible for unemployment during this period! This is considered a "temporary layoff" situation. Since you're employed by an outside company and not directly by the district, you aren't subject to the same restrictions that apply to direct district employees. Make sure when you file that you clearly indicate you're laid off temporarily due to lack of work, not that you're on vacation. Apply as soon as your last workday arrives - you don't need to wait until the break starts officially.
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Anastasia Kuznetsov
•Thank you so much for the info! When I file, should I list my employer as the contracting company or the school district where I physically work? And will I need to do work search activities even though I know I'm returning on January 9th?
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Zara Khan
u can apply but im pretty sure school employees cant get unemployment during scheduled breaks. my sister tryed last summer and got denied something about reasonable assurance of returning
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MoonlightSonata
•That rule applies differently to third-party contractors vs direct school employees. Since OP works for a contracting company (not the district itself), they're typically eligible during these breaks. The "reasonable assurance" provision mostly affects direct district employees. It's a common misconception but an important distinction for EDD eligibility.
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Mateo Gonzalez
I was in EXACTLY the same situation last year! I'm a para through an agency that works with LAUSD. The key is how you file. Do NOT say you're a school employee - you're an employee of whatever agency contracted you. When asked why you're not working, select "temporary layoff" or "reduction in hours" - NOT vacation or school break. I got benefits for winter break (late Dec-Jan) and spring break too. You'll need to certify every two weeks and do the work search requirements even though you know you're going back.
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Nia Williams
•This happened to my neighbor too and she said the EDD was asking for all kinds of proof that she wasn't a direct school employee. Did you have to provide extra documentation?
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Mateo Gonzalez
•Yes! Great point - have your contract ready or a letter from your employer stating you're laid off without pay. I also kept a copy of my paystubs showing the company name (not the district) as my employer. Better to have too much documentation than not enough!
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Luca Ricci
THEY WILL DENY U!!!! EDD hates school workers tryng to claim on breaks!!! I tried this and got DENIED and had to APPEAL and wait 5 MONTHS to get a hearing and then STILL LOST even with a lawyer!!!! DONT WASTE UR TIME!!!!
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Sean Fitzgerald
•I understand your frustration, but there's a critical difference here. Direct district employees typically get denied, but third-party contractors (like OP) are usually eligible. The "reasonable assurance" exclusion that affects district employees doesn't apply the same way to contract workers. The key is properly documenting their employment status and filing correctly.
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Aisha Mohammed
Getting through to EDD to clarify eligibility questions can be incredibly frustrating. When I was in a similar situation, I used a service called Claimyr (claimyr.com) that got me connected to an EDD rep in about 10 minutes instead of spending days redialing. They have a demo video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km. Getting an actual EDD rep to confirm your specific eligibility before applying saved me tons of headaches and confusion.
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Nia Williams
•Does this actually work? I've been trying to reach EDD for 3 days straight with no luck. Keep getting the "too many callers" message and hangup.
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Aisha Mohammed
•It worked for me and several people I know. Especially during high-volume periods like school breaks when lots of people are trying to call. The automation keeps calling and navigating the phone tree for you until it gets through.
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Ethan Campbell
my cousin works for a school but the cafeteria part and she gets unemployment every summer and holiday break because the catering company lays them off. its different if your not directly hired by the school district. she said just make sure to say your employer is the contracting company not the school itself.
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Anastasia Kuznetsov
Thanks everyone for the helpful information! I called EDD (took forever to get through) and they confirmed I am eligible since I'm employed by the third-party company, not directly by the district. They said to apply on my last day of work (Dec 13th) and make sure to indicate I'm on temporary layoff due to lack of work. They also said I'll need to meet work search requirements even though my return date is guaranteed. Going to gather my employment contract and recent paystubs showing my actual employer just in case there are any questions. Will update how it goes!
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MoonlightSonata
•Excellent! Glad you got confirmation. One more tip: When you certify, if they ask if you refused any work, always answer "No" unless you actually turned down a job offer during that period. Some people get confused and think this refers to their regular job, but it's asking about any new work opportunities during your claim period.
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Mateo Gonzalez
Make sure you set up a reminder to certify every two weeks! Even though it's a short break, you'll probably need to certify at least once, maybe twice. I almost missed my certification deadline last year because of all the holiday chaos and nearly lost a week of benefits. The EDD UI Online portal has notifications but sometimes they go to spam.
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Nia Williams
wait im confused about the work search thing... if your going back to the job after break why do you have to look for other jobs? doesnt make sense
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Sean Fitzgerald
•It seems counterintuitive, but yes, you typically still need to meet work search requirements even with a definite return date. However, work search can include activities beyond just applying for jobs - things like updating your resume, networking, or taking relevant training can count. Some claims can get a work search exemption, but it's becoming increasingly rare and usually requires specific employer verification.
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