EDD overpayment notice after school break - do I need to report spouse income?
I'm freaking out a little bit. I got a Notice of Potential Overpayment from EDD last week related to my substitute teaching job. Back in January I had a phone interview with EDD about why I wasn't working during the Thanksgiving break in November. I explained honestly that the school was closed and I couldn't work. The EDD rep actually told me on the phone that I wouldn't have to repay anything since it wasn't my fault the school was closed. Now suddenly I received this overpayment form asking for all kinds of financial information for BOTH me and my husband! Our finances are completely separate and I don't see why his income matters for MY unemployment claim. Two questions: 1. Do I really have to fill out all these financial details about my spouse? We file taxes separately and his income has nothing to do with my subbing job. 2. For future reference, what should I do during school breaks? Should I just not certify for those weeks when school is closed? I'm confused because sometimes I get assignments and sometimes I don't, but during official breaks I definitely can't work even if I wanted to. Any advice would be really appreciated because I'm worried about having to repay $4,200 that I used for rent and bills already.
19 comments


Katherine Shultz
This is a school employee issue. When you work for a school, you generally aren't eligible for UI benefits during scheduled breaks if you have reasonable assurance of returning after the break. It sounds like EDD initially thought you had that assurance, but now they're questioning it. For your questions: 1. Yes, you need to complete the financial form exactly as requested, including spouse info. This is because EDD may offer an overpayment compromise based on household income and expenses, not just yours individually. 2. For school breaks, the rule is that you should still certify, but report that you weren't available to work due to the school closure. Don't skip certification weeks entirely. You should respond to the notice with a detailed explanation that you work as a substitute without guaranteed hours, and therefore don't have reasonable assurance of work after breaks. That's your best defense against the overpayment.
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Alberto Souchard
•Thank you for explaining this! I didn't realize the reasonable assurance thing was so important. I'll definitely fill out the form completely then. Do you think I should include a letter explaining my situation with the form, or will they just want the form itself?
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Marcus Marsh
dont skip certifying weeks EVER. thats wat gets ppl in trouble with edd. just answer truthfully when u certify that u couldnt work cuz school was closed those weeks. if ur a sub with no guarentee of hours u should be eligible even during breaks but u gotta prove that part.
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Alberto Souchard
•Thanks! That makes sense. I think what's confusing is that I'm technically "available" to work, but there literally isn't work available during breaks. I'll make sure to certify every week going forward.
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Hailey O'Leary
School employee situations with EDD are uniquely complicated. The key issue is whether you have "reasonable assurance" of returning to work after the school break. For regular teachers with contracts, they can't collect during scheduled breaks. But as a substitute without guaranteed hours, you may be eligible if you can prove you don't have reasonable assurance. Regarding the financial information form - yes, you must complete it fully including your spouse's information. This is used to determine if you qualify for a financial hardship waiver or payment plan if the overpayment is confirmed. I recommend you appeal this determination. You have 30 days from the notice date to file your appeal. When you submit your appeal, include documentation showing your variable work schedule as a substitute and emphasize that you have no guaranteed hours or income between school sessions. During future breaks, always certify, but accurately report that school was closed during those periods. Never skip certification weeks.
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Alberto Souchard
•This is really helpful! I didn't realize I should appeal this. The letter doesn't actually say I owe the money yet, just that I "potentially" do and they need financial info. Should I still file an appeal now or wait to see if they actually demand repayment first?
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Cedric Chung
THEY ALWAYS DO THIS TO SCHOOL EMPLOYEES!! EDD has special rules for people who work at schools and they NEVER explain them clearly. I went through the exact same thing last year when I was doing paraprofessional work. The system is designed to punish people for honest mistakes! The problem is that under California law, school employees with "reasonable assurance" of returning to work can't get benefits during school breaks. BUT substitutes without guaranteed hours are supposed to be an EXCEPTION to this rule! Fill out the financial form completely (yes including spouse info) but also APPEAL THIS IMMEDIATELY! Don't wait! They will almost certainly try to make you repay unless you fight it.
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Talia Klein
•This is helpful but not entirely accurate. The correct approach is to respond to the Notice of Potential Overpayment first, then appeal if they issue an actual overpayment. Jumping straight to appeal may not be necessary if they determine there's no overpayment after reviewing the financial information and employment situation.
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Maxwell St. Laurent
I'm in the same boat! Sub teacher too and just got one of these notices. Did anyone actually reach an EDD person on the phone about this? I've been calling for days but can't get through...
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PaulineW
•Trying to get through to EDD on the phone is nearly impossible these days. I spent weeks calling and couldn't get through until I used Claimyr. It connects you directly to an EDD rep, usually within an hour. Saved me so much frustration and finally got my issue resolved. Their site is claimyr.com and they have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km Totally worth it for complicated issues like school employee stuff where you need to actually talk to someone who understands the rules.
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Talia Klein
To properly address this situation: 1. Complete the financial disclosure form fully, including spouse information. This is required by law for potential compromise considerations. 2. Attach a detailed letter explaining your substitute status with no reasonable assurance of work. Include any evidence that shows your hours are variable and not guaranteed (like previous pay stubs showing inconsistent work). 3. For school breaks, continue to certify but answer truthfully that you were available for work but none was available due to school closure. Use the comment section in the certification to explain your situation. 4. If EDD determines there is an actual overpayment (not just potential), then file an appeal within 30 days. The key legal concept is "reasonable assurance" under California Unemployment Insurance Code Section 1253.3. True substitutes without guaranteed hours should be eligible even during breaks, but you need to document this status clearly.
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Marcus Marsh
•this is the right answer ^^ dont appeal yet just explain ur situation when u send back the form
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Annabel Kimball
im confused about something...did u tell edd that u were available to work during the school break? because if u certified and said u were available but the school was closed, then technically u werent available for work during that period which is why theyre saying overpayment
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Alberto Souchard
•That's the confusing part! I said I was available to work (which is true - I was willing and able), but that no work was available because schools were closed. Maybe that was wrong? Should I have said I wasn't available? The questions on the certification are so confusing sometimes.
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Talia Klein
•This is a common misunderstanding. For UI purposes, being "available for work" means being available for suitable work in your occupation if it were offered. During a school break, a substitute should indicate they were available but no work was offered due to the school closure. The real issue is whether you have reasonable assurance of work after the break, not whether you were personally available.
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Cedric Chung
Has anyone actually beat one of these school employee overpayment cases? I'm scared OP is going to end up having to repay no matter what they do. The system is so rigged against school workers!
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Katherine Shultz
•Yes, I've seen successful cases, especially for true substitutes with variable hours. The key is documenting that you don't have reasonable assurance of work. If you can show your work history has gaps and inconsistent hours even during normal school periods, you have a stronger case that you had no guarantee of work after breaks.
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Hailey O'Leary
One more important thing: many substitute teachers don't realize that EDD distinguishes between different types of substitutes. If you're on a preferred substitute list or have been working regularly before breaks, EDD might consider that "reasonable assurance" even without a formal guarantee. What helps your case is if you can show that: 1. You actively sought work during non-break periods but still had weeks with little or no work 2. You weren't on any preferred list or didn't have priority status 3. You had to compete with other substitutes for assignments with no guarantee Include this information with your response to make it clear you truly didn't have reasonable assurance of work after the breaks. This is the legal distinction that matters for your case.
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Alberto Souchard
•Oh! This is extremely helpful. I'm definitely not on any preferred list - I have to use the substitute management system each day to see what's available, and it's first-come-first-served. I'll make sure to explain this in my letter. Thank you so much for this detailed explanation!
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