School employee eligibility for EDD benefits during summer layoff - will I qualify?
I'm a classroom aide at a public elementary school in San Diego and will be laid off from June 15 to August 22 (about 10 weeks). The district sent me a notice saying they 'reasonably expect' to rehire me when school resumes, but there's no actual guarantee. My supervisor mentioned I might qualify for unemployment during this period, but I'm confused about the rules for school employees. Does anyone know if I'm eligible for EDD benefits during summer break even with the 'reasonable assurance' letter? My family really depends on my income and I'm worried about making it through summer without any payments coming in.
19 comments
Yara Campbell
You should definitely apply! School employees CAN qualify for unemployment during recess periods (summer break) if you don't have reasonable assurance of returning to work. The key is whether your letter contains a GUARANTEE of returning or just says they 'expect' to rehire you. If it's not a firm guarantee, you have a good case. The worst that happens is EDD denies your claim, but many school support staff do qualify during summer breaks. Just be completely honest about your situation when you apply and make sure to mention the non-guaranteed nature of your return.
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Ella rollingthunder87
•Thanks for the info! The letter definitely says they 'expect' to rehire me but mentions it depends on enrollment numbers and budget. So there's no 100% guarantee. I'll apply and see what happens. Should I mention anything specific about the reasonable assurance letter when I file my claim?
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Isaac Wright
my sister works for a school district and gets unemployment every summer. just apply online and answer all questions truthfully. edd will decide if ur eligible or not.
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Maya Diaz
•This isn't always true though! My wife is a teacher and can NEVER get unemployment during summer break because she has a contract that guarantees her position for the next school year. It really depends on your specific situation and employment status.
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Tami Morgan
I was in the exact same situation last year! I work as a cafeteria staff at a high school and was worried about the summer break. I applied for unemployment and got DENIED initially, but then I appealed and explained that my letter only said they "anticipated" rehiring me based on budget. After a phone interview with EDD, they approved my claim and I received benefits for the entire summer break. Just be SUPER honest about your employment status and the wording of that letter. Definitely worth applying!!
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Ella rollingthunder87
•That's really helpful to hear someone went through the same thing! Did you have to do anything special during the phone interview? I'm nervous about explaining everything correctly.
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Tami Morgan
•During the phone interview, they mainly asked about the specific wording of my letter and whether I had been officially laid off or was on a break. I explained that while they expected to rehire me, I had no income guarantee and technically was laid off. Don't overthink it - just be honest about your situation and have your letter handy during the call.
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Rami Samuels
The EDD rules for school employees can be SUPER confusing!! Based on California Unemployment Insurance Code sections 1253.3 and 1256, what matters is whether you have a "reasonable assurance" of returning to work after the recess period. If your letter specifically says they only "expect" to rehire you but it depends on factors outside your control (budget/enrollment), that might NOT count as reasonable assurance. But here's the important part: YOU NEED TO APPLY REGARDLESS! EDD will make the determination based on your specific situation. When you certify, make sure to indicate you're laid off, not on vacation, and that you're able and available for work during this period.
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Haley Bennett
•This is exactly right. My daughter works as an instructional aide and gets unemployment every summer because her district only provides a "we hope to rehire you" letter, not a guarantee. She just applies online through UI Online as soon as her last day of work ends and answers all questions truthfully.
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Douglas Foster
Try calling EDD to explain your situation and get clarity before you apply. I spent weeks trying to reach them about a similar situation last year and kept getting the "we're experiencing high call volume" message. After wasting hours redialing, I finally used this service called Claimyr (claimyr.com) that got me connected to an EDD agent within 20 minutes. They have a demo video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km The agent explained exactly what I needed to do in my situation as a seasonal worker, and it saved me so much confusion. Definitely worth it for getting a clear answer on school employee eligibility.
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Ella rollingthunder87
•I've been trying to call EDD all day with no luck! This looks interesting - did you have to talk to a specific department about school employee eligibility or just a regular claims specialist?
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Douglas Foster
•Just asked to speak with a claims specialist who could answer questions about school employee eligibility during recess periods. The agent I spoke with was really helpful and specifically looked up the rules for education employees. Make sure to have your reasonable assurance letter handy when you call so you can explain exactly what it says about your return to work.
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Nina Chan
i think you should aplie for EDD asap actully!!! they take like 3-4 weeks to process the claim anyway so even if u get denied u wont lose anything. my wife is a substitute teacher and gets unemployment during summer breaks becuz theres no guarantee of work. just be honest about everything, but definately apply!!
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Maya Diaz
This is a really common question for school employees! In my experience, it all comes down to your specific employment classification and the wording of your letter. If you're classified as a 10-month employee (not year-round) and your letter doesn't GUARANTEE employment, you have a good case. Just remember that if you get approved, you still need to do your bi-weekly certifications and meet the work search requirements by applying to jobs, even if you plan to return to the school.
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Ella rollingthunder87
•That's a good point about the certifications! If I get approved, would I still need to be actively job searching even though I'm planning to return to the school? What if I find another job and then quit when school starts again?
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Rami Samuels
•Yes, you must meet work search requirements regardless of your plans to return. EDD typically requires you to apply for 2-3 jobs per week and document your search activities. If you find another job during summer and then quit when school resumes, it could potentially affect future unemployment claims. The best approach is to be honest about your situation while maintaining an active job search as required.
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Tami Morgan
UPDATE: I filed my claim online yesterday and already have a confirmation number! The application specifically asked if I worked for an educational institution and if I had reasonable assurance of returning. I answered honestly that I had a letter stating they 'expect' to rehire me but it wasn't guaranteed. Now I'm waiting for the EDD determination. I'll keep everyone posted about what happens in case others are in the same situation!
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Yara Campbell
•Great! You did exactly the right thing. Now just keep an eye on your UI Online account and your mail. You'll likely get a notice about a phone interview to discuss your educational employment. Make sure to answer that call when it comes, as missing it could delay your claim.
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Ella rollingthunder87
•Thank you all for the helpful advice! I feel much better about applying now. I'll update this thread once I hear back from EDD about my eligibility.
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