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Can substitute teachers qualify for TWC unemployment in Texas during summer breaks?

I've been working as a substitute teacher in the Austin area for the past 7 months (about 3-4 days per week on average). With summer break coming up, I'm wondering if I qualify for unemployment benefits during the summer months when there's no work? The school district basically told me I'm not guaranteed any hours when school starts again in August, but they "hope" to use me again. Some other subs told me we don't qualify because we're considered seasonal workers, but others say we can get benefits since we don't have any guaranteed contract for next year. Anyone been through this process as a substitute teacher? What documentation would I need to provide TWC if I do apply?

Freya Larsen

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Yes, substitute teachers CAN qualify for unemployment in Texas during summer breaks, but there are specific conditions. The key factor is whether you have "reasonable assurance" of returning to work when school resumes. If your district didn't give you any written guarantee of employment for the next school year (just a verbal "hope"), that typically means you DON'T have reasonable assurance, which actually works in your favor for unemployment purposes. You should be eligible to apply. When you file, be prepared to provide: 1. Documentation showing your work history (pay stubs, assignment records) 2. Any communication from the district about future employment (or lack thereof) 3. Information about your typical weekly hours and pay rate Be very careful how you answer the "reasonable assurance" question when filing. If you indicate you have assurance of returning, you'll likely be denied.

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Ravi Kapoor

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Thank you! This is really helpful. The district didn't give me anything in writing about next year - just an email saying "we hope to continue using our reliable substitutes next year as needs arise." I'm guessing that's not considered reasonable assurance then? I'm worried about answering the questions wrong when I apply.

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I was a sub for 3 years and applied EVERY summer! Got benefits each time. Just make sure u say NO to the reasonable assurance question. The schools try to be sneaky by saying they "hope" to use you again but that's NOT a guarantee!!!

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Omar Zaki

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But don't you have to do work searches during the summer? I applied last year as a sub and they made me apply to like 3 jobs every week even though I was going back to subbing in the fall. It was such a hassle I almost gave up on the benefits.

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Chloe Taylor

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This is actually a complicated area of unemployment law that causes a lot of confusion. Here's what TWC considers: 1. Substitute teachers typically DON'T have reasonable assurance if they're only called as needed with no guaranteed hours 2. The "reasonable assurance" standard requires a WRITTEN guarantee of similar employment in the following academic year 3. Being in a substitute pool is NOT enough to constitute reasonable assurance 4. You need to have earned enough in your base period to qualify (at least $2,600 in a quarter) If you've been working 3-4 days weekly, you should have sufficient earnings. Document everything about your work schedule and any communications about future work. When you apply, be precise about your employment status - you're not seasonal, you're a temporary employee without guaranteed future work.

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Diego Flores

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This is 100% correct. I work in education administration and deal with this every year. The key legal distinction is "reasonable assurance" - if you have NO written contract guaranteeing your position and hours for the next school year, you're eligible during summer break. The district cannot contest your claim successfully without proving they provided this written assurance.

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my sister tried to get unemployment as a sub last summer and TWC denied her said she was "between terms" or something??? she appealed but gave up cuz it was taking too long. good luck dealing with them!

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Chloe Taylor

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She may have incorrectly answered the reasonable assurance question or the district might have incorrectly reported her status. The "between terms" denial applies to contracted teachers with reasonable assurance, not to subs without guarantees. If this happens, definitely appeal and cite TWC's own policy on substitute teachers without reasonable assurance.

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Sean Murphy

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I tried calling TWC last summer for the exact same situation and spent WEEKS trying to get through. Busy signals, disconnects, got put on hold for 2 hours then cut off. Honestly I almost gave up but then someone told me about this service called Claimyr that gets you through to TWC really quickly. Totally worked! Got connected to an agent in like 20 minutes who helped me sort out my sub teacher claim. You can see how it works at claimyr.com or check their demo video https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh The TWC agent I spoke with confirmed that without written reasonable assurance, I qualified for benefits during summer break. Worth calling to discuss your specific situation!

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Ravi Kapoor

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That's a huge help, thank you! I've been dreading the phone nightmare. Did you have to provide any specific documentation when you called? And how many work searches did they require you to do each week?

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Sean Murphy

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They required 3 work searches per week for me. I had my last few paystubs ready, dates I worked, and the email from my district about "possible" future work. The agent walked me through everything once I got through. Definitely document everything!

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StarStrider

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i was a sub for 5 years and NEVER got unemployment even tho i applied every summer. its all about how the school district reports your status to TWC. my district always told TWC I had "reasonable asurance" even tho i didnt have any guarantee in writing. kept getting denied!!!

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Chloe Taylor

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This happens frequently, but it's actually grounds for appeal. The TWC defines reasonable assurance as a written guarantee of similar employment. If your district reported you had this when you didn't, you should have appealed the determination. Many districts incorrectly report sub status to avoid unemployment claims, but TWC will often rule in the substitute's favor if properly appealed with documentation showing no written guarantee existed.

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Omar Zaki

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I've been a substitute for 4 years and let me tell you the TRUTH about this whole process. The schools will tell you that you're not eligible to discourage you from filing! They do this EVERY YEAR to save money!!! But TWC actually has specific rules for substitute teachers that PROTECT US. Here's what happened to me: I applied, district contested saying I was "seasonally employed" with "reasonable assurance" - I appealed and WON because they couldn't provide any WRITTEN guarantee of my employment for fall. The hearing officer even said the district pulls this every year with subs! BUT - be prepared for a FIGHT. The districts almost always contest sub claims. And reaching TWC is a NIGHTMARE - busy signals for DAYS!!

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Ravi Kapoor

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Did you have to go through a formal appeal hearing? That sounds stressful. I'm worried about saying something wrong and getting denied, then having to fight through the whole appeal process.

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Omar Zaki

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Yes, had to do a phone hearing. It was stressful but actually pretty quick - about 20 minutes. Just stick to the facts: no written guarantee = no reasonable assurance. That's the magic phrase. Document EVERYTHING from your district about next year (or lack of info).

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Freya Larsen

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Just to add some important information: when you file, TWC will notify your school district, who may respond that you have reasonable assurance even if you don't. If this happens and you receive a denial, you have 14 days to appeal the determination. During an appeal, the burden of proof is on the district to show you have WRITTEN reasonable assurance. A verbal statement or being in a "substitute pool" doesn't qualify as reasonable assurance under TWC rules. Also, be aware that if approved, you must complete the required work searches (typically 3 per week in most Texas counties) and be available for full-time work during the summer. You can't indicate you're only available for temporary work until school starts again - that would make you ineligible.

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Ravi Kapoor

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This is getting complicated! So even if I plan to return to subbing in the fall (assuming they call me), I need to be willing to take a full-time permanent job if offered one during the summer? That seems tricky.

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Freya Larsen

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Yes, that's correct. To receive unemployment benefits, you must be available for and actively seeking full-time work. If you limit your availability by saying you'll only work until school starts again, you could be disqualified. However, if you get offered and accept a full-time permanent position during this time, you'd simply stop claiming unemployment once employed.

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