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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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