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CosmicCrusader

Can 10 month employees collect NYS Department of Labor unemployment benefits?

I work as a teacher's aide in a school district and my contract is only for 10 months (September through June). During July and August I'm not working and don't get paid. Can I file for unemployment with NYS Department of Labor during these summer months? I've heard conflicting information - some people say school employees can't collect unemployment between terms, others say we can. Has anyone been in this situation and successfully gotten benefits?

Ethan Brown

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School employees have special rules for unemployment eligibility. Generally, you can collect unemployment during summer break IF you don't have reasonable assurance of returning to work in the fall. Since you mentioned you have a contract, that might count as reasonable assurance. You should still file though - let NYS Department of Labor make the determination. The worst they can say is no.

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Thanks! I do have a contract for next year already. Does that automatically disqualify me or should I still try filing?

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Yuki Yamamoto

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my sister is a substitute teacher and she collects every summer no problem. i think it depends on whether you have a guaranteed job for the fall

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Carmen Ortiz

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The key is 'reasonable assurance of employment.' If your district gave you a contract for next year, that's considered reasonable assurance and you won't qualify. But if you're not sure about your job status for fall, you should definitely apply. The adjudication process will review your specific situation and employment history with the school district.

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What if the contract isn't signed yet but they verbally told me I'll be back? Is that reasonable assurance?

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Zoe Papadakis

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I've been through this exact situation! Filed for unemployment as a 10-month employee and got stuck in adjudication for weeks. NYS Department of Labor kept asking for more documentation about my employment status. I was getting frustrated trying to call them - always busy signals or getting disconnected. Finally used this service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Made all the difference in getting my claim resolved quickly.

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Did you end up getting approved? I'm worried about getting stuck in adjudication too.

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Jamal Carter

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SCHOOL EMPLOYEES GET SCREWED BY THE SYSTEM!! They expect us to live on air during summer months but then make it nearly impossible to get benefits we paid into. File anyway and fight it if they deny you. The unemployment system is broken for education workers.

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Just a heads up - even if you get approved, your weekly benefit amount will be based on your earnings during the base period. Since 10-month employees have lower annual earnings, your UI payments might not be as much as you're hoping for.

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Harper Hill

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I'm in a similar situation as a 10-month paraprofessional! From what I've researched, the "reasonable assurance" rule is the key factor. If you already have a signed contract for next year, that's typically considered reasonable assurance and would disqualify you. However, if there's any uncertainty about your position (budget cuts, enrollment changes, etc.), you might still qualify. I'd recommend applying anyway - the worst case is they deny it, but you won't know unless you try. Make sure to document everything about your employment status when you file. The NYS DOL website has specific information about school employee eligibility that might help clarify your situation.

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Elijah Brown

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Thanks for the detailed info! I'm also curious about the documentation part - what specific paperwork did you need to provide when filing? I have my contract but I'm wondering if there are other documents from the school district that would help support the claim.

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Ravi Gupta

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I went through this exact situation last year as a 10-month instructional assistant. The "reasonable assurance" rule is strictly enforced - if you have a signed contract for the fall, you'll likely be denied. However, there are some exceptions worth knowing about: if your hours are significantly reduced for the next year, if there are budget uncertainties, or if your position might be eliminated due to enrollment changes. I'd suggest calling the school district's HR department first to get clarification on your exact employment status before filing. Also, keep in mind that even if you qualify, there's usually a waiting period and the benefits are calculated based on your 10-month salary, not a full year. The process can take several weeks, so if you're going to apply, do it early in the summer break.

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This is really helpful information! I'm wondering about the timeline - when you say "do it early in the summer break," how early are we talking? Should I file as soon as my last day of work ends in June, or wait until July when I'm actually not receiving any pay? Also, did you have any luck with appealing if you were initially denied? I've heard the appeals process can be lengthy but might be worth it for some cases.

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Zainab Ismail

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I was in a very similar situation as a 10-month school employee last summer. The documentation requirements can be pretty extensive - they'll want your contract, any letters from HR about your employment status, and sometimes even enrollment projections from your district. What really helped me was getting a letter from my principal stating whether my position was guaranteed or subject to any contingencies (like budget approval or enrollment numbers). Even though I had a contract, there were some uncertainties about class sizes that year, and that made the difference. The key is being completely transparent about your situation when you file. Also, @Aisha Abdullah raises a great point about timing - I filed the day after my last paycheck, not when my contract technically ended, since that's when I was actually unemployed and not receiving income. The whole process took about 3 weeks for me to get a determination.

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Alana Willis

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This is incredibly helpful - thank you for sharing your experience! I hadn't thought about getting a letter from my principal about contingencies. That's a smart approach, especially since school budgets and enrollment can be so unpredictable. I'm curious about one thing though - when you mentioned filing the day after your last paycheck rather than when your contract ended, did you have to provide proof of that timing? Like pay stubs showing when your income actually stopped? I want to make sure I get the timing right to avoid any complications with my claim.

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Carmen Ruiz

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I'm a 10-month cafeteria worker and went through this process two summers ago. Here's what I learned: even with a contract, you can still apply if there are ANY uncertainties about your position. In my case, I had a contract but my hours were potentially being reduced due to budget constraints. The key is being very detailed in your application about any possible changes to your employment situation. NYS DOL will review each case individually. Also, make sure you have ALL your documentation ready - contracts, any communications with HR, pay stubs showing when your income stopped, etc. The process can be slow, but it's worth applying if there's even a small chance you might qualify. Don't let the "reasonable assurance" rule scare you away from filing - let them make the official determination rather than assuming you won't qualify.

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This is such valuable advice! I really appreciate everyone sharing their experiences. As someone new to this situation, I'm learning that the "reasonable assurance" rule isn't as black and white as it initially seemed. @Carmen Ruiz, your point about being detailed in the application is really important - I was planning to just mention having a contract, but now I realize I should include information about potential budget cuts or enrollment changes that could affect my position. It sounds like the key is not to self-eliminate but let NYS DOL make the official determination. I'm definitely going to gather all my documentation and apply early in the summer break. Thanks everyone for the guidance!

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Amara Okafor

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I'm a 10-month library aide and successfully collected unemployment last summer! The trick is understanding that "reasonable assurance" has to be truly reasonable - meaning your job is 100% guaranteed with no contingencies. In my case, even though I had a verbal commitment from my supervisor, my district's budget wasn't finalized until late July, which created enough uncertainty for me to qualify. I'd recommend calling your HR department and asking specific questions: Is your funding secure? Could enrollment changes affect your position? Are there any pending budget votes? Document these conversations. Also, when you file, be very specific about any uncertainties - don't just say "I have a contract." Explain if the funding source could change, if your hours might be reduced, or if there are any other factors that could affect your employment. The adjudicators need details to make their determination. One more tip: if you get denied initially, don't give up. The appeals process exists for a reason, and I know several school employees who were approved on appeal after providing additional documentation about their employment uncertainties.

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Ava Thompson

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This is exactly the kind of detailed guidance I was hoping to find! @Amara Okafor, your experience gives me a lot of hope. I'm in a very similar situation - I have a contract for next year but our district has been talking about potential budget cuts and there's uncertainty about whether some aide positions might be consolidated or reduced. I never thought to document conversations with HR about these uncertainties, but that makes perfect sense. Your point about being specific in the application is spot on - instead of just saying "I have a contract," I should explain that while I have a contract, there are ongoing budget discussions that could affect my position. I'm also glad you mentioned the appeals process. Even if I get denied initially, it sounds like it's worth pursuing if I have legitimate uncertainties about my employment status. Thank you for sharing such practical advice!

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Yara Khoury

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As a 10-month special education aide, I want to add some important points based on my experience filing last summer. First, don't assume you're automatically disqualified just because you have a contract - the "reasonable assurance" standard is more nuanced than many people realize. I had a signed contract but still qualified because my district was facing potential layoffs due to declining enrollment. Second, timing matters a lot. File your claim the week after your last paycheck, not when your contract technically ends. Third, gather EVERYTHING - your contract, any emails about budget concerns, documentation of when your pay stops, and if possible, a statement from HR about any uncertainties affecting your position. The adjudication process can take weeks, so apply early in your break. Also, don't be discouraged if you get an initial denial - many school employees win on appeal when they provide additional documentation about employment uncertainties. The system isn't perfect, but it's worth fighting for benefits you've paid into, especially when there are legitimate questions about your job security for the following year.

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Mia Rodriguez

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Thank you so much @Yara Khoury for this comprehensive breakdown! As someone who s'new to navigating this process, your step-by-step approach is incredibly helpful. I especially appreciate your point about timing - filing the week after the last paycheck rather than when the contract ends makes total sense from a practical standpoint. I m'also relieved to hear that the appeals process can be successful for school employees, because I was worried that an initial denial would be the end of the road. Your mention of gathering emails about budget concerns is particularly useful - I hadn t'thought to save those kinds of communications, but they could be crucial evidence of employment uncertainty. It sounds like the key is building a strong case that shows genuine uncertainty about job security, even with a contract in hand. I m'definitely going to start documenting everything now and prepare to file early in my summer break. Thanks for sharing such detailed, practical advice!

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Yara Sayegh

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I'm a 10-month instructional aide who just went through this process this past summer and wanted to share what I learned. The most important thing I discovered is that you absolutely should apply regardless of having a contract - let NYS DOL make the determination, don't disqualify yourself. When I filed, I made sure to mention every possible uncertainty: our district was discussing class size changes, there were rumors about aide position consolidations, and funding for some programs wasn't 100% confirmed. Even though I had a signed contract, these uncertainties were enough for me to qualify. My advice: document EVERYTHING (save emails about budget discussions, get statements from supervisors about potential changes), file immediately after your last paycheck (not when your contract ends), and be very detailed in your application about any factors that could affect your position. The process took about a month, but it was worth it. Don't let the "reasonable assurance" rule discourage you from applying - it's more flexible than people think when there are legitimate employment uncertainties, even with a contract in place.

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