Can school employees collect unemployment benefits from NYS Department of Labor?

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.

my sister is a teacher and she never gets unemployment in summer... thought thats just how it works for all school people??

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.

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!

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.

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.

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.

As someone who's worked in various school support roles, I can tell you that the "reasonable assurance" determination really varies case by case. What helped me was keeping detailed records of my work history - dates worked, hours, and any communication about future employment. For substitutes specifically, the fact that your work depends on unpredictable teacher absences works in your favor. When you apply, emphasize that substitute work is inherently uncertain and that summer months offer essentially zero opportunity for substitute positions since regular teachers aren't typically absent during break periods. Also, don't let the phone wait times discourage you from following up on your claim if needed - persistence is key with NYS Department of Labor.

I've been working as a substitute teacher for three years and finally figured out the system after getting denied twice. The key thing that helped me was understanding that as a per-diem substitute, you're in a fundamentally different position than contracted teachers. When you file, make sure to emphasize that you have NO guaranteed hours or income during summer - substitutes only work when regular teachers call out sick, and that obviously doesn't happen during summer break. I also recommend filing your claim immediately when school ends rather than waiting, because there can be delays in processing. One tip that really helped: when they ask about "reasonable assurance," be very specific that while the district may call you again in fall, there's absolutely no guarantee of how many days you'll work or if you'll work at all. That uncertainty is what distinguishes substitute positions from regular teacher contracts.