EDD eligibility for subcontractors during school summer break with no work?

You might qualify! This situation falls under what EDD considers "seasonal work" in some cases. As a subcontractor, you're likely considered self-employed unless you get a W-2 from whoever you contract with. The key question is whether you've had proper deductions taken from your past paychecks. Have you been paying into SDI through your work? That's usually a good indicator of whether you'd be eligible for UI benefits.

I'm pretty sure ur not eligible if ur a 1099 worker bc ur technically self-employed. My sister does tutoring work and she can't claim during summer. Maybe look into gig work for the summer??

It's more complicated than a simple yes/no. The EDD distinguishes between true independent contractors and what they call "misclassified employees." Many employers incorrectly classify workers as 1099 contractors when they should be W-2 employees. Ask yourself these questions: 1. Do you set your own hours and methods of work? 2. Do you work for multiple clients/schools or just one? 3. Do you provide your own tools/materials? 4. Can you accept or refuse assignments? If you're controlled heavily by the schools/agencies you work for, you might actually be misclassified. In that case, you could potentially qualify for UI despite getting 1099s. The EDD might investigate and determine you should have been an employee.

my wife was in a VERY similar situation!!! she worked as a speech aide at schools and every summer = no work no pay. she applied for EDD and got denied at first but then she appealed and explained the seasonal nature of the work and they approved her!! definitely worth trying!!

The key issue here is whether you're truly self-employed or misclassified as several others have mentioned. Based on your follow-up comments about working through an agency, with the schools setting your hours and providing materials, there's a strong case that you should be classified as an employee rather than a contractor. Here's what I recommend: 1. File for unemployment - you have nothing to lose by trying 2. When asked about your employment status, explain exactly how your work arrangement functions 3. Be prepared to appeal if initially denied 4. If denied, provide documentation showing how the schools/agency control your work Many educational support workers face this exact situation during summer breaks. The EDD recognizes this pattern and has specific provisions for seasonal employees, which you may qualify as despite the 1099 classification.

Trying to call EDD to discuss this kind of situation is IMPOSSIBLE right now!!!! I was in a similar situation (different industry but also seasonal) and tried calling for THREE WEEKS. Finally used a service called Claimyr that got me through to an actual EDD agent in about 20 minutes. The agent was super helpful explaining exactly how to file in my situation. Saved my sanity tbh. Check out their demo video: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km or go to claimyr.com - it's way better than spending weeks trying to get through!

I don't want to discourage you, but I've been through this exact situation and ultimately was denied after appeal. The EDD determined I was truly self-employed despite working in schools. The deciding factor was that I had registered a business license for my tutoring services, even though the schools set most of the conditions of my work. Do you have a business license or any kind of formal business structure (LLC, sole prop registration, etc.)? If yes, that might work against you. If no, you might have a better chance than I did.

Wait so do u have to pay back the money if they approve u then later decide u weren't eligible?? That's what im scared of

Based on everything you've shared, I really think you should apply. Your situation has several factors that suggest you may be eligible despite the 1099 status: 1. You work through an agency at multiple schools (suggesting you're not truly independent) 2. The schools/agency control your schedule and work methods 3. They provide materials and workplace 4. Your work is seasonal due to the school calendar (a recognized pattern) 5. You don't have a formal business structure File your claim, be completely honest about your situation, and let the EDD make the determination. Many seasonal educational workers qualify for benefits during scheduled breaks.