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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