Can you get unemployment if you are school employee - NYS Department of Labor eligibility question
I work as a substitute teacher for my local school district and summer break just started. My friend told me I might be able to collect unemployment during the summer months since I'm not working. Is this true? Can school employees get unemployment benefits from NYS Department of Labor during breaks? I'm confused about the rules since technically I'm still employed by the district, just not actively working until September.
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Madison King
School employees have special rules for unemployment. If you have reasonable assurance of returning to work in the fall, you typically can't collect benefits during summer break. This applies to teachers, substitutes, cafeteria workers, bus drivers, etc. NYS Department of Labor has specific guidelines about this.
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Vanessa Chang
•What counts as 'reasonable assurance'? I don't have a guaranteed contract for next year, just an expectation that they'll call me for substitute work.
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Julian Paolo
ugh same situation here! been subbing for 3 years and every summer im broke but cant get benefits. the whole system is rigged against school workers
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Ella Knight
You need to look at your specific employment letter or contract. If the school district gave you any indication (written or verbal) that you'll be returning in the fall, that's usually considered reasonable assurance. However, if you're truly laid off with no expectation of return, you might qualify. I'd recommend calling NYS Department of Labor directly to discuss your specific situation.
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William Schwarz
•Good luck getting through to anyone at NYS Department of Labor on the phone! I've been trying for weeks about my own claim issue. The hold times are insane.
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Ella Knight
•Try using Claimyr - it's a service that helps you get through to NYS Department of Labor agents. Check out claimyr.com and there's a demo video at https://youtu.be/qyftW-mnTNI that shows how it works. Made a huge difference for me when I needed to speak to someone about my adjudication.
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Lauren Johnson
This happened to my sister last year. She was a teacher's aide and applied for benefits over summer break. NYS Department of Labor initially approved her claim, but then they found out about her school employment and she had to pay back everything. Be really careful about this!
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Jade Santiago
There are some exceptions though. If you work for the school in a non-instructional capacity (like maintenance or administration) and you're truly laid off for the summer with no guarantee of work, you might qualify. Also, if you work multiple jobs and lose your non-school job, you could potentially get partial benefits. The key is whether you have that 'reasonable assurance' of returning.
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Emma Thompson
As someone who's dealt with this exact situation, I can tell you it's really frustrating! I worked as a substitute teacher for 2 years and was always told I couldn't get benefits during summer because of the "reasonable assurance" rule. Even though substitute work isn't guaranteed, most districts consider you to have reasonable assurance if you've been on their sub list and they expect to call you back. The tricky part is that every district handles this differently - some give more definitive answers about summer employment than others. I'd suggest checking with your district's HR department first to see what they consider your status to be, then apply if you think you might qualify. Worst case, NYS Department of Labor will make the determination and you'll know for sure.
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Reina Salazar
•Thanks for sharing your experience Emma! That's really helpful to know that different districts handle this differently. I'm new to substitute teaching and wasn't sure how strict they are about the "reasonable assurance" thing. Did you ever try applying anyway just to see what would happen, or were you too worried about having to pay it back like Lauren's sister? I'm trying to decide if it's worth the risk since I really need the income over the summer.
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