Can school cafeteria workers collect unemployment benefits - NYS Department of Labor eligibility?

Yes, school cafeteria workers can typically collect unemployment during summer break! The key is whether she has what's called 'reasonable assurance' of returning to work. If the school district gave her a letter saying she'll definitely be back in September at the same hours/pay, then she might not qualify. But if there's any uncertainty about her position returning, she should absolutely file with NYS Department of Labor.

I work in a school cafeteria too and I've been collecting unemployment every summer for 3 years. The trick is to file your weekly claims and make sure you're available for other work. NYS Department of Labor approved mine even though I work for the school district. Just be honest about your situation when you file.

WAIT - I tried this last year and got denied! NYS Department of Labor said I had reasonable assurance because my position was guaranteed. Apparently it depends on your specific district's policies. Some districts automatically give everyone reasonable assurance letters and some don't. Your sister needs to read whatever paperwork they give her VERY carefully.

Getting through to NYS Department of Labor can be impossible during busy filing periods. I spent weeks trying to get someone on the phone to explain the school employee rules. Finally used a service called Claimyr (claimyr.com) that helped me reach an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. The agent was able to explain the reasonable assurance rules specific to my school district situation.

File anyway! Worst case scenario they deny you, but at least you'll know for sure. I know plenty of cafeteria workers who get approved for summer unemployment. The reasonable assurance thing isn't as cut and dry as people think.

My mom did this for years when she worked school lunch. Key thing is timing - file your claim as soon as your last day of work ends, don't wait until you run out of money.

I went through this exact situation with my school district job! The "reasonable assurance" rule is tricky - it's not just about whether they say you'll be back, but also about whether the terms (hours, pay, duties) will be substantially the same. If there's ANY uncertainty about your sister's fall schedule or if they're cutting hours/positions due to budget issues, she should definitely file. Also, make sure she keeps all communication from the district about her summer layoff and fall return - NYS Department of Labor will want to see exactly what was promised in writing. Even if she gets initially denied, having proper documentation helps a lot with appeals.

As someone who just went through this process, I'd recommend your sister file immediately when her last day ends. Don't wait to see what paperwork they give her - she can always provide additional documentation later if needed. I work part-time in our district's kitchen and successfully got unemployment last summer even though they verbally told us we'd be back. The key is that verbal assurances don't count as "reasonable assurance" - NYS Department of Labor needs written documentation with specific details about hours, pay rate, and start date. Since she's been there 2 years, she should have enough work history to qualify. The worst they can do is say no, but many cafeteria workers do get approved. Just make sure she's honest about her availability for other work when filing her weekly claims.

I work for a different school district in NYS and wanted to share what I learned from my experience. The timing of when you file is crucial - don't wait until you're desperate for money. Also, when you're filling out the initial application, there's a specific question about whether you're a school employee. Answer honestly, but don't assume it automatically disqualifies you. The system will flag it for review, but that's normal. I'd also suggest your sister document everything - take photos of any notices they post about summer layoffs, save text messages from supervisors, etc. NYS Department of Labor sometimes asks for this stuff weeks later during their review process. One more tip: if she does get approved, she'll need to certify every week that she's available for work, so she should be prepared to show she's genuinely looking for temporary summer employment if asked.

I've been helping friends navigate this exact situation for years, and here's what I've learned: Your sister should absolutely file, but timing and documentation are everything. The moment her last work day ends, she should submit her claim online through the NYS Department of Labor website. Don't let anyone discourage her because "school employees can't get unemployment" - that's oversimplified. The real test is whether she has "reasonable assurance" of returning, and that has to be in writing with specific details about her position, hours, and pay rate. If they only gave verbal promises or vague statements about "probably coming back," that's not reasonable assurance. Also, keep in mind that many districts are facing budget uncertainties right now, which works in favor of employees filing claims. I'd recommend she screenshot or save any communications about the summer layoff and potential return. Even if she gets initially denied, having proper documentation makes appeals much more successful. The key is being proactive rather than waiting to see what happens.

I'm going through this exact same situation right now! I work part-time in food service at an elementary school and just got laid off for the summer. What really helped me was calling the NYS Department of Labor directly to ask about the reasonable assurance rules before filing. They told me that as long as I don't have a signed letter guaranteeing my specific hours, pay rate, and start date for fall, I should file a claim. The agent emphasized that "we'll probably bring you back" or "you should be fine for September" doesn't count as reasonable assurance. I filed my claim last Monday and I'm still waiting to hear back, but at least I got the process started. One thing I learned is that you can file online 24/7, which is way easier than trying to call during their busy hours. Your sister should definitely try - the application asks specific questions about school employment, so they'll review her case properly rather than just automatically denying it.