Can school cafeteria workers collect unemployment benefits - NYS Department of Labor eligibility?
My sister works in our local school district cafeteria and they just told all the food service workers that summer break is coming up and they won't be working June through August. She's been there for 2 years as a part-time employee. Can she file for unemployment with NYS Department of Labor during the summer months when school is out? Someone told her that school employees can't get benefits but I wasn't sure if that applies to cafeteria workers too. She really needs the income to get through the summer.
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Fernanda Marquez
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.
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Aidan Percy
•Thank you! They haven't given her any paperwork yet about coming back, just verbal assurance. Should she wait to see what they give her in writing?
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Norman Fraser
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.
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Kendrick Webb
•Do you have to look for other summer jobs while collecting? I thought school workers were exempt from the job search requirement.
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Norman Fraser
•You still have to be available and looking for work, but realistically most cafeteria positions are only during school year. I apply to summer camp jobs and food service positions to show I'm searching.
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Hattie Carson
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.
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Aidan Percy
•Oh no, that's exactly what I was worried about. Did you appeal the decision or just accept it?
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Hattie Carson
•I appealed but lost because they had documentation from my district. Every district handles it differently - some are more unemployment-friendly than others.
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Destiny Bryant
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.
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Aidan Percy
•How does that service work? Is it expensive?
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Destiny Bryant
•They basically get you through the phone queue faster so you can actually talk to a real NYS Department of Labor person. Much easier than trying to call yourself and getting disconnected.
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Dyllan Nantx
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.
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TillyCombatwarrior
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.
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Jamal Harris
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.
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