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Substitute teacher with W2 from staffing agency - EDD eligibility during summer break?

Hi everyone, I'm currently working as a substitute teacher in California but my employment situation is a bit different from what I've seen discussed here. I work through a staffing agency that sends me to different schools/districts as needed - I'm not directly employed by any school or district. I receive a W2 and am paid hourly by the agency. With summer coming up, I'm concerned about what happens when schools close. Will I qualify for unemployment benefits during summer recess? I've searched through posts here and checked the EDD website but haven't found information about my specific situation (agency employee vs. direct hire). Has anyone been in a similar position or know how EDD treats substitute teachers who work through agencies? Thanks in advance for any insights!

Logan Scott

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I was in a similar situation last year! Since you're employed by the staffing agency and not the school district, the "reasonable assurance" rule might not apply to you like it does for district-employed substitutes. I filed for unemployment during summer break and got approved because my agency couldn't guarantee me work during that period. Make sure when you file that you clearly indicate you work for a staffing agency and not directly for schools. They might still interview you to verify your employment situation though. The key is whether your agency can offer you non-school work during summer.

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Mila Walker

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Thank you for sharing your experience! That's really helpful. When you filed, did you have to provide any special documentation to prove you worked for an agency rather than directly for the district? And did they ask specifically about "reasonable assurance" during your interview?

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Chloe Green

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The previous commenter is partly right, but there are some important details to understand. EDD evaluates substitute teacher claims case-by-case. The critical factors are: 1. Whether your agency will provide you with comparable non-educational work during summer 2. If they've given you any written "reasonable assurance" of work resuming in fall 3. Your work history pattern (have you consistently not worked summers?) Many substitute teachers are denied benefits during recess periods if they have reasonable assurance of returning to work when school resumes. However, agency employees are treated differently than direct district hires. You should apply and be prepared for an eligibility interview.

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Mila Walker

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This is super detailed and helpful, thank you! The agency hasn't mentioned anything about summer work options or given me any written assurance about fall. I'll definitely apply and see what happens. Should I wait until school actually ends to file my claim?

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Lucas Adams

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my cousin is sub teacher 2 n she gets unemplyment every summer but shes direct w/ district. agency stuff might b different cuz they could say u can work other jobs thru them maybe?? worth trying tho

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Chloe Green

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Good point. Agency employees often have different eligibility than district employees. The key distinction is whether the agency offers only educational assignments or also non-educational work opportunities during school breaks. If they exclusively place substitute teachers and have no summer work, the case for benefits is stronger.

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Harper Hill

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I filed for EDD last summer as a sub but got denied because of the "reasonable assurance" rule they mentioned. They said since I had worked the previous school year and was expected to return in fall, I wasn't eligible during summer. So frustrating! But that was as a direct district employee, not through an agency like you.

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Mila Walker

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Sorry to hear about your experience! That's exactly what I'm worried about. I wonder if working through an agency will make a difference in my case. So stressful not knowing how I'll manage financially during summer.

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Caden Nguyen

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The difference between your situation and district-employed substitutes is significant for EDD purposes. Under California Unemployment Insurance Code Section 1253.3, school employees may be ineligible during recess periods IF they have reasonable assurance of work when school resumes. However, this often doesn't apply to agency employees who are not directly employed by educational institutions. When you file, be very specific about: 1. You work for a private staffing agency (provide exact name) 2. You are paid by the agency, not schools 3. You have no written guarantee of work resumption 4. The agency does/doesn't offer non-educational work You'll likely need an eligibility interview. Be prepared with pay stubs showing your employer is the agency, not the district.

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Mila Walker

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This is incredibly helpful information! I'll definitely highlight all these points when I file. My paystubs clearly show the agency as my employer, so that should help establish my situation. Thank you so much for the detailed explanation.

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Avery Flores

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If ur trying to get ahold of EDD to ask about this specific situation, good luck!!! Been calling for 2 weeks about my claim and cant get through AT ALL. Always says "we're experiencing high call volume" and hangs up on me!!! So frustrating!!!

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Zoe Gonzalez

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I had the same issue trying to get clarification on my claim! Seriously - try Claimyr (claimyr.com) - it's a service that helps you get through to an EDD rep. They have this system that calls EDD for you and then connects you when they get through. Saved me hours of redial hell. Check out their demo: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km The agent I spoke with was able to clearly explain my situation and resolved my issue in about 10 minutes once I actually got through. For complicated situations like agency employment vs direct hire, talking to an actual person makes all the difference.

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Lucas Adams

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wait i just remebered someting! my friend who does substitute teaching thru an agency got benefits last summer but she had to do this thing where she proved the agency didnt offer her any other work during summer months. she showed them emails or something??

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Caden Nguyen

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That's correct. Documentation is key in these cases. If you can show that your agency doesn't provide alternative work during summer, or that such work is substantially less than your normal teaching assignments, you strengthen your case. Save all communications with your agency, especially anything indicating reduced or no work during summer.

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Mila Walker

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Thanks everyone for all the helpful responses! I'm going to apply when the school year ends and make sure to clearly document that I work for the agency rather than directly for schools. I'll gather my paystubs and any communications from the agency about summer availability (or lack thereof). I'll update this thread with what happens in case it helps other substitute teachers in similar situations!

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Logan Scott

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Good luck! One last tip: when you certify for benefits, make sure you indicate you're "able and available" for work. Some substitute teachers make the mistake of saying they're only available for teaching positions, which can complicate their claim. Unless you have specific work restrictions, you should be open to suitable work in other fields during your unemployment period.

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