EDD unemployment eligibility for school employees during summer break?

Hate to be the bearer of bad news but school employees generally dont qualify for unemployment during scheduled breaks like summer if you have reasonable assurance of returning. Its called the "school employee provision" and its a huge pain. I work as a cafeteria supervisor and tried last year...got denied immediately. The EDD automatically checks with school districts about your employment status.

This is a common question for school employees. The key issue here is "reasonable assurance." If your contract states you're expected to return but doesn't guarantee your position, you might have a case. California Educational Code section 1253.3 covers this. You should apply anyway - worst case they deny you. If you apply, make sure to clearly explain that your return isn't guaranteed due to potential budget cuts or staffing changes. The burden is actually on the school district to prove you have reasonable assurance. Some situations where school employees can qualify: 1. Your exact position might not exist next year 2. Your hours might be significantly reduced 3. You're on a contingent contract dependent on enrollment/funding Keep any emails or documents showing uncertainty about your position.

apply anyway!!!!! i work as a crossing guard and got benefits last summer even tho everyone said i wouldnt qualify. the worst they can say is no right?? just be honest about everything

The whole "reasonable assurance" thing is SUCH A SCAM designed to save the districts money! They string you along with vague promises so you don't look for other work, then claim you can't get benefits because you're "coming back" - but they don't have to PAY YOU during summer!! I've been fighting this system for YEARS as a part-time music teacher. The districts coordinate with EDD to automatically reject school employee claims without even reviewing individual circumstances. It's INFURIATING!

I successfully navigated this situation last year. Here's what worked for me: 1. File for unemployment as soon as your last day of work arrives 2. When they ask if you have reasonable assurance, be honest about any uncertainty 3. Provide any documentation showing your position isn't 100% guaranteed (emails about budget cuts, enrollment concerns, etc.) 4. If denied, immediately file an appeal and request a hearing The key is to focus on why your situation might be different from the standard school employee scenario. In my hearing, I emphasized that my special education aide position was dependent on specific student enrollment that wasn't guaranteed. Also, if you can't reach EDD by phone (which is likely), I recommend using Claimyr (claimyr.com). They got me connected to an EDD agent within 20 minutes when I couldn't get through for weeks. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km - it saved me so much frustration during the appeal process.

wait wait wait i'm confused...is this about california PTO or unemployment benefits? because those r totally different things. PTO you get from ur employer but unemployment is from the govt when ur not working. which one r u asking about???

anybody know how long it takes to get approved if they do let school workers claim? i might be in the same boat next month

I was in your exact situation last year! Work for a school district too. Applied for unemployment and got denied, BUT then I appealed and got approved! The key was proving I didn't have 100% guaranteed employment in fall. My principal had sent an email saying staffing would depend on enrollment numbers, and that was enough to win my appeal. Don't give up!

Here's what nobody tells you - EDD automatically flags ALL school employee claims and sends them to a special review process. They'll send you a questionnaire specifically about reasonable assurance. The SECOND they see you're a school employee, you get shunted into this separate system. Such BS! They've already decided to deny you before even reviewing your specific case!