Can teacher aides collect unemployment during summer break in NY?
I work as a teacher aide in a public school district and my contract ends in June. My supervisor told me I can't file for unemployment over the summer because I have 'reasonable assurance' of returning in September, but I'm not sure if that's actually true. I've been working in this position for three years and always get rehired, but technically I don't have a signed contract for next year yet. Has anyone else dealt with this? The NYS Department of Labor website is confusing about school employees and summer benefits.
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Keisha Taylor
The 'reasonable assurance' rule is tricky for teacher aides. You're generally not eligible for UI benefits between school terms if you have reasonable assurance of returning. However, if your district hasn't given you written confirmation of employment for the next school year, you might be able to argue you don't have that assurance. You should still file a claim - let NYS Department of Labor make the determination rather than assuming you're not eligible.
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Yara Khoury
•Thanks! So I should file even though my supervisor said I can't? I don't want to get in trouble for filing incorrectly.
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Paolo Longo
same situation here! been a teacher aide for 5 years and never could get unemployment in summer. the reasonable assurance thing always blocks me even though i dont have a contract signed until august
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Amina Bah
•Actually, the timing of when you receive your contract matters. If you don't have written confirmation by the time you file your claim, that could affect the reasonable assurance determination. You might want to try calling NYS Department of Labor to discuss your specific situation.
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Oliver Becker
This is so frustrating! I tried calling the NYS Department of Labor unemployment line about this exact issue last month and could never get through. The automated system just kept hanging up on me after being on hold for over an hour. Anyone know a better way to actually talk to someone about these school employee rules?
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CosmicCowboy
•I had the same problem trying to reach NYS Department of Labor about my teacher aide unemployment situation. I ended up using this service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo showing how it works: https://youtu.be/qyftW-mnTNI. It was actually pretty simple - they handled the calling and waiting, then connected me when an agent was available. Finally got clarity on my specific reasonable assurance situation.
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Natasha Orlova
wait so if i work as a substitute teacher aide sometimes can i get unemployment? my hours are so inconsistent
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Keisha Taylor
•Substitute positions are different from regular teacher aide positions. Since subs typically don't have reasonable assurance of continued employment, you may be eligible for UI benefits. However, you'll need to meet the wage requirements and be available for work during your claim period.
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Javier Cruz
I filed anyway last summer and got approved initially, but then NYS Department of Labor sent me an overpayment notice in October saying I wasn't eligible due to reasonable assurance. Had to pay back $2,100. Be careful about just filing without being sure.
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Yara Khoury
•Oh no! Did you appeal the overpayment? That's exactly what I'm worried about happening.
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Javier Cruz
•Yeah I appealed but lost. The hearing officer said even though I didn't have a signed contract, the verbal assurance from my principal was enough. Really depends on your specific district's practices.
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Dana Doyle
I'm a teacher aide too and went through this exact situation last year. What really helped me was documenting everything - I kept emails, notes from meetings, and any communications about my employment status. When I filed my claim, I included all this documentation showing that while I expected to return, I hadn't received any written confirmation. The key is being completely honest about your situation when you file. NYS Department of Labor will review your case individually, and having good documentation can make the difference. Also, even if you do get approved initially, keep saving some of the money just in case there's an overpayment determination later - better to be prepared than caught off guard.
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Aaliyah Reed
•This is really helpful advice about documentation! I never thought about keeping detailed records of all communications. Do you know if there's a specific format NYS Department of Labor prefers for submitting this kind of documentation with your claim, or did you just upload everything you had? Also, about how long did it take for them to make their determination once you submitted everything?
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Sean O'Donnell
•@Dana Doyle This documentation strategy sounds really smart. When you say you kept notes from meetings, did you mean like formal meeting minutes or just your own personal notes about what was discussed? I m'wondering if my own handwritten notes about conversations with my supervisor would carry any weight, or if NYS Department of Labor only considers official written communications from the district. Also, did you end up having to pay anything back later, or did the documentation help you avoid any overpayment issues?
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Nathan Dell
•@Dana Doyle That s'excellent advice about keeping documentation! I m'curious - when you filed your claim with all that documentation, did you submit it through the online portal or did you have to mail it in? I m'trying to figure out the best way to make sure NYS Department of Labor actually sees and considers all the evidence. Also, did you end up getting approved for the full summer or were there any weeks where they determined you weren t'eligible? I m'planning to follow your approach but want to understand the whole process better.
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Freya Christensen
I'm a teacher aide in a similar situation and have been researching this extensively. One thing that might help is understanding that NYS Labor Law Section 590.11 specifically addresses school employees. The "reasonable assurance" determination isn't just about whether you'll probably be rehired - it has to be based on written or documented assurance from your employer. If you only have verbal promises or assumptions, that may not meet the legal standard. I'd recommend requesting written confirmation from your district about your employment status for next year. If they can't or won't provide it, that strengthens your case that you don't have reasonable assurance. Also, keep in mind that even substitute teacher aides can sometimes get benefits between terms if they don't have that documented assurance of continuing work.
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Abigail Spencer
•@Freya Christensen This is really useful information about the specific labor law! I didn t'know about Section 590.11. When you mention requesting written confirmation from the district, do you think it s'better to do that before filing for unemployment, or should I file first and then use their response or (lack of response as) documentation? I m'worried that if I ask directly, they might just give me a generic letter saying I ll'likely "be" rehired, which could hurt my case. Also, has anyone actually successfully used the argument that verbal assurances don t'meet the reasonable assurance standard? I d'love to hear if this approach has worked for other teacher aides in practice.
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AstroAlpha
I went through this exact situation two years ago as a teacher aide in upstate NY. Here's what I learned: the key is timing and documentation. I filed my claim the day after my last day of work in June, even though my supervisor told me the same thing about "reasonable assurance." The NYS Department of Labor initially approved my claim because I didn't have a signed contract - just verbal promises. I collected benefits for about 6 weeks before getting my contract in late July. Once I had the written contract, I reported it and my benefits stopped, but I didn't have to pay anything back because I was honest about my situation when it changed. The important thing is to file immediately and be completely transparent about your employment situation. Don't let your supervisor's interpretation stop you from applying - let NYS Department of Labor make the official determination based on your specific circumstances.
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Yara Sabbagh
•@AstroAlpha This is exactly the kind of real-world experience I was hoping to hear about! Your timeline is really helpful - it sounds like you were able to collect for those 6 weeks legitimately because you truly didn't have written assurance at the time you filed. I'm in a similar boat where I only have verbal promises from my principal. One question: when you reported getting your contract in late July, was that process straightforward through the online system, or did you have to call? I want to make sure I handle everything properly if I follow the same approach. Also, did NYS Department of Labor give you any specific guidance about what constitutes "reasonable assurance" when you first filed, or did they just approve you based on not having a written contract at that point?
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