EDD School Employees and Unemployment in California: Between-Terms Rules

The Reasonable Assurance Rule

California school employees — teachers, instructional aides, bus drivers, cafeteria workers, custodians, and administrative staff — run into a restriction that doesn't apply to other workers. Under California Unemployment Insurance Code Section 1253.3, educational employees are generally ineligible for unemployment benefits between academic terms if they have "reasonable assurance" of returning to work in the next term.

Reasonable assurance means your school district or institution has given you a reasonable expectation that you'll be employed in the same or a similar position when the next term starts. This doesn't have to be a written contract — a verbal confirmation, a standard practice of rehiring, or an offer letter can all establish reasonable assurance.

When you file a claim, EDD contacts your employer to ask whether they've offered reasonable assurance of continued employment. If so, EDD generally will not pay benefits based on your school wages for the between-terms period; non-school base-period wages may still support a payable claim.

Who This Applies To

The rule covers employees of:

• K–12 public school districts
• Community colleges
• State universities and UC campuses
• Private schools and colleges
• Charter schools
• Educational service agencies and county offices of education

It applies regardless of your role. Whether you teach classes, drive buses, serve lunch, or maintain buildings, the between-terms restriction kicks in if your employer provides reasonable assurance.

The rule applies to summer breaks, winter breaks, spring breaks, and any other scheduled period between academic terms.

When School Employees Can Collect Benefits

Several situations open the door to unemployment benefits for school workers:

No reasonable assurance. If your district tells you they're not bringing you back — because of budget cuts, enrollment drops, or elimination of your position — you can file a standard unemployment claim. No reasonable assurance means the between-terms restriction doesn't apply.

The job doesn't materialize. If your employer gave reasonable assurance but then doesn't actually offer you work when the new term starts, you become eligible retroactively. EDD will pay benefits for the between-terms period you were denied, provided you filed a claim and certified during that time.

Layoff during the school year. If you're laid off mid-term for reasons unrelated to the academic calendar — a reduction in force, a program cut, a position elimination — you're eligible the same as any other worker. The between-terms restriction only applies to scheduled breaks.

Reduced hours or assignment. If your employer offers you a position for the next term but at significantly reduced hours or in a substantially different role, the "reasonable assurance" may not hold. EDD evaluates whether the offered work is comparable to your previous assignment.

Filing a Claim as a School Employee

File your claim the same way any California worker would — through myEDD/UI Online, by phone (1-800-300-5616), or by paper application (Form DE 1101I). You'll need the same documentation: your Social Security number, employment history, separation details, and wage information.

The difference is what happens after you file. EDD will send a questionnaire to your employer specifically asking about reasonable assurance. Your employer's response drives the determination.

If you're denied based on reasonable assurance, keep certifying for benefits. If the promised job doesn't come through when the next term starts, those certified weeks become payable once EDD reverifies your status.

Substitute Teachers and Temporary Workers

Substitute teachers and temporary school employees face a trickier situation. You may have worked for a district regularly without any guarantee of future work. In these cases, whether reasonable assurance exists depends on the specifics:

• Did the district tell you they'd have assignments available next term?
• Is there a pattern of consistent work across multiple terms?
• Are you on a priority substitute list with an expectation of regular calls?

If you're a substitute with no guarantee of hours, you may have a strong case that reasonable assurance doesn't exist. EDD evaluates these situations individually.

Summer Employment and Your Claim

Working a different job during the summer doesn't automatically affect your UI eligibility for the between-terms period. EDD applies its usual $25 or 25% earnings disregard and deducts the remaining earnings from your weekly benefit amount; sufficiently high earnings can reduce the payment to zero.

If your summer job ends before the school term resumes and you don't have reasonable assurance from the school, you could be eligible for unemployment based on the summer job separation — with your school wages included in the base period calculation.

Getting Clear on Your Situation

Our California Unemployment Claim Guide covers eligibility determinations and the certification process in detail. If you're a school employee trying to figure out whether you qualify between terms, the guide's step-by-step approach helps you understand what EDD will ask, what your employer's response means, and what to do if the job doesn't come back as promised.

The bottom line: file the claim and let EDD make the determination. If your employer provides reasonable assurance and follows through, you generally won't receive benefits based on your school wages for the break period. Non-school base-period wages may still qualify, and if the promised school job does not materialize, you may qualify for benefits for the break if you filed and certified.

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