School is out for the summer, and teachers and school staff are out of work for the season. For educational workers, summer break raises the question: can teachers and school employees collect unemployment insurance when school is out of session for the summer?
While exceptions and state-specific rules may apply, teachers and school staff generally do not qualify for unemployment insurance during summer break. Here’s what you need to know:
What Are the Different Types of School Employees?
School employees are typically categorized into two groups: educational staff, and educational support staff.
- Educational staff includes teachers—educators whose employment by a school district requires that they hold a teaching license or permit—and administrative personnel.
- Educational support staff are employees who work at a school but are not part of the educational staff. This category may include librarians, psychologists, counselors, social workers, nurses, and speech-language pathologists.
In most states, “academic year” employees, whether educational staff or support staff, are not eligible for UI during the break between academic years as long as there is “reasonable assurance” that they can return to their jobs in the fall.
What Is Reasonable Assurance?
Reasonable assurance refers to a written, verbal, or implied agreement that teachers, school staff, and other educational employees can return to their jobs—or very similar jobs with the same pay—after a scheduled break, such as the summer break between academic years.
State unemployment insurance agencies consider reasonable assurance a key factor in determining eligibility for unemployment benefits. If an educational employee has reasonable assurance of returning to work in the next academic year, they typically do not qualify for unemployment benefits during break periods. This concept helps state agencies distinguish between temporary breaks in employment and actual job loss, ensuring that unemployment insurance is reserved for individuals who are truly unemployed due to a lack of work, rather than those on a planned seasonal hiatus.
For the reasonable assurance rule to apply, the employee must have had their wages paid by the school. Sometimes, bus drivers, cafeteria workers, or janitorial staff are employees of private companies—not the school—so these employees are not affected by reasonable assurance laws.
In some school districts, like Fairfax County Public Schools in Virginia, reasonable assurance is the default for all less-than-12-month employees. This means that unless another action is taken (an employee resigns, is dismissed, furloughed, or was hired for a one-year-only contract), they automatically have reasonable assurance of returning to work the next academic year.
Generally, a signed letter from the employee is one of the best ways for school employers to prove that their employees have received reasonable assurance for the next school year. This can help protect school employers in the case of potential UI disputes.
State-By-State Laws
The general rule of thumb is that if educational employees receive reasonable assurance, they are not eligible for UI in the period between academic years. However, some states have introduced laws intended to support certain educational employees between terms.
In May 2023, Minnesota became the first state to offer between-term unemployment benefits to non-licensed, non-salaried education support professionals whose jobs ended with the school year and who are unable to find temporary work during the summer. Employees in this category include custodial and transportation staff, nutrition staff, clerical staff, paraprofessionals, and other non-instructional hourly workers. As always, employees must have sufficient earnings during their base period, be unemployed through no fault of their own, and actively seek employment each week to be eligible for UI.
In California, nonprofessional school employees and supportive employees—a category including custodians, cafeteria workers, and teacher’s aides—can receive retroactive benefits if they are not called back to work after the recess period ends.
Are Teachers Paid During Summer Break?
Unemployment insurance is meant to offer partial wage replacement during periods of unemployment due to a lack of work. Though it’s common for schools to shut their doors during the summer months, educational employees are typically given the option to have their salary evenly split over 12 months, ensuring they still receive regular paychecks during the summer recess.
In conclusion, while the nuances of unemployment insurance eligibility for educational employees can vary by state, the overarching principle remains that those with reasonable assurance of returning to their jobs after summer break generally do not qualify for unemployment benefits. Understanding the specifics of reasonable assurance and how it applies in different states is crucial for both employees and employers in the education sector. As state laws continue to evolve, staying informed about changes and new provisions will ensure that educational employees can navigate their employment and unemployment options more effectively. If your organization employs educational workers and you are unsure of their eligibility, it’s always best to consult your state’s unemployment insurance agency for guidance tailored to your situation.
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The information contained in this article is not a substitute for legal advice or counsel and has been pulled from multiple sources.
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