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Mei Chen

Can teachers apply for unemployment benefits through NYS Department of Labor?

I'm a substitute teacher in upstate NY and my assignments have completely dried up this semester. Between budget cuts and fewer teachers calling out sick, I haven't had work in over 6 weeks. My friend said teachers can't get unemployment but I'm not sure if that applies to subs too? I've been paying into the system through my paychecks so it seems like I should be eligible. Has anyone else in education successfully filed with NYS Department of Labor? Really need to know if it's worth applying or if I'll just get denied.

Liam Sullivan

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Teachers CAN apply for unemployment in NY, but there are specific rules. Regular full-time teachers usually can't collect during summer break or between school years if they have reasonable assurance of returning. Substitute teachers are different though - you're typically eligible if you don't have that reasonable assurance of continued work. Since you're a sub with no guaranteed assignments, you should definitely apply. The NYS Department of Labor will review your case individually.

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Mei Chen

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That's really helpful! I was worried I'd be wasting my time. Do you know if they count the sporadic sub work I did earlier this year for the base period calculation?

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Amara Okafor

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I'm a para-educator and filed last year when my hours got cut to basically nothing. The key thing is proving you don't have reasonable assurance of work. Keep documentation of how your sub assignments have decreased - screenshots of the sub system showing no available jobs, emails from schools, etc. NYS Department of Labor approved my claim after about 3 weeks of adjudication.

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How did you prove the lack of reasonable assurance? I'm in a similar boat with my aide position being eliminated mid-year.

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ugh the whole reasonable assurance thing is so confusing!! I tried calling NYS Department of Labor like 20 times to ask about this exact situation and could never get through. The automated system just keeps hanging up after being on hold forever. Has anyone found a way to actually talk to someone there about education employment questions???

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I had the same problem with getting through to NYS Department of Labor! I ended up using this service called Claimyr that calls for you and gets you connected to an actual agent. You can check it out at claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. It was super easy and I finally got my questions answered about my teaching situation.

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Dylan Cooper

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My sister teaches 3rd grade and she definitely couldn't get unemployment between school years even though technically she was 'unemployed' for 2 months. But substitute teaching is totally different - you're more like an on-call worker than a regular employee with a contract.

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Sofia Ramirez

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The NYS Department of Labor website has a whole section about this but it's confusing as hell. Something about 'between terms' vs 'during terms' and whether you have a contract or not. I think the bottom line is if you're not getting paid and have no guarantee of future work, you should be able to file. Worst case they deny it and you appeal.

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Mei Chen

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Yeah I looked at their website but couldn't make sense of it either. I think I'll just apply and see what happens. Thanks everyone!

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Olivia Harris

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I was in almost the exact same situation as a substitute teacher last year! The key difference between regular teachers and subs is that we don't have contracts guaranteeing future employment. I successfully got unemployment benefits from NYS Department of Labor after documenting that my sub assignments had completely dried up. Make sure to apply online through their website and be prepared to provide pay stubs from your previous sub work. They'll use your earnings from the past year to calculate your benefit amount. The whole process took about 4-6 weeks for me, but it was definitely worth it. Don't let anyone tell you subs can't get unemployment - we absolutely can when work isn't available!

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I'm a substitute teacher too and just wanted to add - make sure you keep track of ALL your attempts to find work! I screenshot the substitute portal every week showing no available assignments, and I also keep a log of schools I've called directly. NYS Department of Labor really wants to see that you're actively seeking work. Also, don't forget that you can file even if you worked part-time - they'll just reduce your benefits based on what you earn. I've been collecting for about 8 weeks now and it's been a lifesaver while I look for other work. The online application is pretty straightforward once you get started.

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Alana Willis

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This is super helpful advice! I never thought about screenshotting the substitute portal to show no available jobs. That's actually really smart documentation. How often do you have to certify that you're looking for work? Is it weekly like regular unemployment? Also, did you have any issues with them questioning whether substitute teaching counts as "suitable work" when you're applying for other jobs outside of education?

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Noah Irving

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Yes, you have to certify weekly just like regular unemployment! You log into the NYS Department of Labor website every week and answer questions about your job search activities. As for the "suitable work" question - they did ask me about it during my phone interview. I explained that I'm actively looking for both substitute positions AND other work, and they were fine with that. They understand that sub work is unpredictable and that we need to explore other options. Just be honest about what types of jobs you're applying for and emphasize that you're genuinely seeking work. The key is showing you're making a good faith effort to find employment, whether that's in education or elsewhere.

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Leo Simmons

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I went through this exact situation last year as a substitute teacher! The NYS Department of Labor approved my claim because subs don't have the "reasonable assurance" of future work that regular teachers have. Here's what helped me: 1) Apply online ASAP - don't wait thinking you might get work next week, 2) Gather all your pay stubs from subbing to show your earnings history, 3) Document the lack of available assignments (I took screenshots of empty sub portals), and 4) Be prepared for a phone interview where they'll ask about your work search efforts. The whole process took about a month for me, but I was able to collect benefits while looking for other work. One tip - you can still accept occasional sub assignments while on unemployment, they'll just reduce your weekly benefit amount based on what you earn. Don't let the confusing information online discourage you from applying - substitute teachers have different rules than contracted teachers!

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LongPeri

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This is exactly what I needed to hear! Thank you so much for the detailed breakdown. I was getting overwhelmed by all the conflicting information online, but your step-by-step approach makes it feel manageable. I'm definitely going to start documenting everything right away - the screenshot idea for the empty sub portals is brilliant. One quick question: when you had your phone interview, did they ask for specific examples of schools you contacted directly, or was showing the lack of postings enough? I want to make sure I'm prepared with the right documentation.

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Salim Nasir

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As someone who's been substitute teaching for 3 years in the Capital Region, I can confirm that subs are definitely eligible for unemployment benefits! The confusion comes from people mixing up the rules for contracted teachers vs. substitute teachers. Here's what I learned from my experience with NYS Department of Labor: You're eligible because as a sub, you don't have a contract or "reasonable assurance" of future work. When I applied last year during a similar dry spell, I made sure to: keep detailed records of days I was available but not called, save all communication from the district's sub system, and document my active job search (including non-teaching positions). The process took about 3-4 weeks and I had one brief phone interview where they mostly verified my work history. Don't hesitate to apply - you've been paying into the system and you deserve those benefits when work isn't available! The worst they can say is no, but based on what you've described, you have a strong case.

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