Can teachers file for unemployment during the summer break in NY?

Teachers in NY generally cannot collect unemployment during scheduled breaks like summer. The NYS Department of Labor considers you to have 'reasonable assurance' of returning to work in the fall, which disqualifies you from benefits. This applies to summer, winter break, and spring break periods. You'd only be eligible if your contract wasn't renewed or you were laid off permanently.

my sister tried this last summer and got denied immediately. NYS Department of Labor said since she had a contract for the next school year she couldn't collect. even tried appealing it but no luck

The 'reasonable assurance' rule is pretty strict for teachers. However, there are some exceptions - if your hours or pay will be significantly reduced compared to the previous year, you might have grounds for a claim. You'd need to document the reduction though. Also, if you're only working as a substitute without a guaranteed position, that could potentially change things.

I had a nightmare trying to get through to someone at NYS Department of Labor about this exact question last year. Spent hours on hold just to get hung up on. If you really need to talk to them about your specific situation, I ended up using this service called Claimyr (claimyr.com) that actually got me connected to a real person. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me so much frustration compared to calling the regular number.

The whole system is ridiculous if you ask me. Teachers work hard all year and then get NO support during unpaid summer months. Meanwhile people who get laid off from other jobs can collect benefits right away. The NYS Department of Labor rules seem designed to screw over educators specifically!!

I went through this same situation a few years ago. The "reasonable assurance" rule is frustrating but it's pretty ironclad for most teachers. One thing to consider though - if you're planning to work summer school or any other educational position during the break, make sure to document everything carefully. Sometimes the rules get murky when you're working for a different district or in a different capacity than your regular teaching position. Also, some teachers I know have looked into other summer work opportunities specifically because unemployment isn't an option. It's not ideal, but tutoring, camp counseling, or retail work can help bridge that income gap. The NYS Department of Labor website has a specific section about school employees that's worth reading through for all the details.

I'm also a teacher in NY and went through this exact situation when I first started teaching. The reasonable assurance rule is definitely frustrating, but there's one scenario that might apply to some teachers - if you're on a temporary or substitute contract rather than a permanent position. I had a friend who was able to collect unemployment between her long-term sub positions because she didn't have that "reasonable assurance" of returning to the same job. Also, if you're looking for summer income, many districts hire teachers for summer programs, ESY (Extended School Year), or summer school positions. The pay isn't great but it's something. Some teachers also do test prep tutoring or work at educational summer camps. It's worth checking with your union rep too - they usually have good information about what options are available in your specific district.

I'm a former NYS Department of Labor employee and can confirm what others have said about the reasonable assurance rule. It's codified in NY Labor Law Section 590.11 and is pretty strictly enforced for school employees. The key factor is whether you have a contract or written agreement to return to work in the fall. Even if your salary is spread over 12 months instead of 10, you're still considered to have reasonable assurance. One thing I haven't seen mentioned yet - if you're a probationary teacher and there's genuine uncertainty about your job security for the next year, that could potentially affect your eligibility. But you'd need documentation showing the uncertainty isn't just routine evaluation but actual doubt about contract renewal. The burden of proof would be on you to show the assurance isn't "reasonable." For most tenured or continuing contract teachers though, summer unemployment just isn't going to happen under current NY law.