Can school employees collect unemployment benefits from NYS Department of Labor?
I work as a substitute teacher in a public school district and I'm wondering if I can collect unemployment benefits during summer break when there's no work available. I've heard conflicting information about whether school employees are eligible for NYS Department of Labor benefits. Some people say teachers can't collect at all, others say it depends on your specific job classification. Does anyone know the actual rules for school workers in New York? I'm really confused about this whole situation.
12 comments

Zoe Dimitriou
School employees in NY have specific rules for unemployment eligibility. Generally, if you're employed by a school district, you may be denied benefits during periods between academic terms or years IF you have reasonable assurance of returning to work. This applies to teachers, substitutes, and other school personnel. However, if your position is eliminated or you don't have that reasonable assurance, you may be eligible.
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Andre Lefebvre
AuthorWhat exactly counts as 'reasonable assurance'? My district told me they'll probably need subs again in fall but nothing is guaranteed.
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QuantumQuest
my sister is a teacher and she never gets unemployment in summer... thought thats just how it works for all school people??
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Jamal Anderson
The key is whether you have a contract or reasonable assurance of returning. If you're a per-diem substitute without guaranteed work, you might have a better chance. You'll need to file your weekly claims and report that you're able and available for work. The NYS Department of Labor will make the determination based on your specific situation. Don't assume you're automatically disqualified - let them decide.
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Mei Zhang
This is so confusing! I've been trying to call NYS Department of Labor for weeks to ask about my situation but can never get through. The wait times are insane and I keep getting disconnected.
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Liam McGuire
I was in a similar situation last year working as a school aide. Kept getting denied and had to appeal twice. The whole process was a nightmare and took months to resolve. The NYS Department of Labor system is broken when it comes to school employees - they automatically assume everyone has reasonable assurance even when we don't!
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Amara Eze
If you're having trouble reaching someone at NYS Department of Labor, I found this service called Claimyr that actually got me through to an agent when I couldn't get past the phone system myself. They have a website at claimyr.com and there's a demo video showing how it works (https://youtu.be/qyftW-mnTNI). Saved me weeks of trying to call on my own. Might be worth checking out if you need to discuss your specific school employee situation with someone.
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Andre Lefebvre
AuthorInteresting, never heard of that before. Did they actually help you get answers about school employee eligibility?
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Giovanni Ricci
Just apply anyway and see what happens. Worst case they say no but at least you'll know for sure. The application process isn't that complicated.
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AstroAdventurer
I went through this exact situation as a substitute teacher two years ago. The "reasonable assurance" rule is really tricky - it basically means if your school district gives you any indication (even verbal) that they expect you back in the fall, you might be denied. However, as a substitute, you're typically in a better position than full-time teachers since your work is truly on-call. I'd recommend applying and being very specific about your employment status - mention that you're per-diem, have no guaranteed hours, and that substitute positions depend entirely on teacher absences which can't be predicted. Document everything your district tells you about summer work expectations. The worst they can do is deny you, but many substitutes do successfully collect benefits during summer months.
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Lourdes Fox
I'm also a substitute teacher dealing with this same confusion! Reading through everyone's experiences has been really eye-opening. It sounds like the key is being very specific about our per-diem status and the unpredictable nature of substitute work. I'm planning to apply as soon as our school year ends and will definitely emphasize that while the district might call me back in fall, there's zero guarantee about actual work days since substitute positions only exist when regular teachers are absent. Has anyone had success getting through to NYS Department of Labor recently to ask questions before filing? I'm hoping to get some clarity on my specific situation but those phone wait times everyone mentioned sound brutal.
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Liam Duke
I've been following this thread as someone new to substitute teaching, and all the advice here has been incredibly valuable! Like you, I'm planning to apply right when school ends and will definitely emphasize the per-diem nature of our work. Regarding getting through to NYS Department of Labor, I noticed earlier in the thread that Amara mentioned using a service called Claimyr to help get through their phone system. That might be worth looking into if you want to ask questions before filing. The consensus here seems to be that as substitutes, we're in a better position than contracted teachers since our work is truly unpredictable, but we need to be very clear about that uncertainty when we apply. Good luck with your claim!
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