Can substitute teachers get unemployment benefits through NYS Department of Labor?
I've been working as a substitute teacher in upstate NY for the past two years, mostly getting called in 2-3 days per week during the school year. Now that summer break started, I'm wondering if I can file for unemployment benefits with NYS Department of Labor? I know teachers have different rules but I'm not sure if substitutes count the same way. Has anyone been through this process? I'm worried they'll say I don't qualify because my work was so irregular.
22 comments


Andre Dupont
Yes, substitute teachers can absolutely file for unemployment in NY! The key thing is that you need to have earned enough wages during your base period. Since you worked regularly for two years, you should meet the requirements. The tricky part with subs is proving you're available for work during summer - you'll need to show you're actively seeking employment, not just waiting for school to resume.
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Carmen Lopez
•Thank you! Do I need to keep looking for substitute positions over the summer or can I look for other types of work to meet the job search requirements?
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QuantumQuasar
I had the same situation last year. Filed in June and got approved after about 3 weeks of adjudication. NYS Department of Labor wanted documentation showing I was looking for summer work, not just substitute teaching. Make sure you save all your job applications because they do check during the weekly claims process.
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Zoe Papanikolaou
•What kind of documentation did they want? I'm filing next week and want to be prepared.
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QuantumQuasar
•Job search log with at least 3 contacts per week, copies of applications, any emails from potential employers. They're pretty strict about the work search requirement for education workers.
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Jamal Wilson
Wait, I thought teachers couldn't get unemployment between school years? This is confusing because my sister who's a full-time teacher was told she couldn't file. Are substitute teachers treated differently by NYS Department of Labor?
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Andre Dupont
•Full-time teachers under contract typically can't collect between terms, but substitutes are different because they're not under a continuing contract. The key distinction is whether you have reasonable assurance of returning to work.
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Mei Lin
Been trying to call NYS Department of Labor for weeks about this exact question but can never get through! The phone system is impossible. If anyone has tips for actually reaching a human being I'd really appreciate it. These automated messages don't help with specific situations like substitute teaching.
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Liam Fitzgerald
•I had the same problem until someone told me about Claimyr (claimyr.com). They actually get you connected to NYS Department of Labor agents without the endless hold times. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of frustration trying to get answers about my claim status.
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Mei Lin
•That sounds too good to be true but I'm desperate at this point. Did they actually help you reach someone?
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Amara Nnamani
just filed last week and already got my first payment! make sure you file right away because theres a waiting week
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Carmen Lopez
•That's encouraging! How long did your adjudication take? I'm worried about delays.
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Anastasia Fedorov
•Mine took about 10 days which wasn't too bad. The key was having all my wage documentation ready when I filed. Since you worked regularly for two years you should be fine - just make sure you have your pay stubs or tax forms showing your substitute earnings. NYS Department of Labor processed mine pretty quickly once they had everything they needed.
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Marilyn Dixon
I'm in a similar situation as a substitute teacher in NYC and just wanted to share what I learned from filing last month. The application process was actually pretty straightforward online, but make sure you have your Social Security number, driver's license, and employment history ready. One thing that helped me was keeping detailed records of all the schools I worked at and the dates - NYS Department of Labor asked for specific employer information during the application. Also, don't wait to file thinking you need to exhaust all summer work possibilities first. You can file immediately after your last day of work and start the process. Good luck Carmen!
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Fatima Al-Suwaidi
•This is really helpful advice! I'm also a substitute teacher and was hesitant about filing because I wasn't sure if I had enough documentation. Did you run into any issues with proving your wages since substitute pay can be so irregular? I'm wondering if I should gather W-2s from all the different school districts I've worked for or if there's an easier way to show my earnings to NYS Department of Labor.
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Melissa Lin
•@Fatima Al-Suwaidi I had the same concern about irregular wages! What worked for me was gathering all my pay stubs and W-2s from each district - it was a bit of a hassle but NYS Department of Labor needs to see the total wages from all employers during your base period. If you can t'find all your pay stubs, you can also request wage statements directly from the school districts payroll' departments. The online application will ask you to list each employer separately anyway, so having everything organized beforehand definitely speeds up the process.
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Kirsuktow DarkBlade
I went through this exact same process as a substitute teacher in the Rochester area last summer. Carmen, you should definitely file - substitutes are treated differently than regular teachers because we don't have guaranteed contracts for the following year. The main thing NYS Department of Labor will look at is whether you have "reasonable assurance" of work returning in the fall, and as a substitute without a contract, you typically don't have that assurance. I'd recommend filing online as soon as possible since there's a one-week waiting period before benefits begin. Make sure you have documentation of your work history from all the districts you've subbed for, and be prepared to actively job search during the summer - they do require weekly work search activities. The process took about 2 weeks for me to get approved, and having substitute teaching experience for two years should definitely meet their wage requirements.
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Sydney Torres
•This is really reassuring to hear from someone who went through the same process! I was particularly worried about the "reasonable assurance" part since I've heard that can disqualify teachers, but it makes sense that substitutes are in a different category. Did NYS Department of Labor ask you any specific questions about whether you expected to return to subbing in the fall, or was it pretty straightforward once you explained you don't have a contract? Also, for the weekly work search requirement, were you able to apply for both substitute positions and other types of jobs, or did they want you to focus on education-related work?
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Pedro Sawyer
•@Kirsuktow DarkBlade This is exactly what I needed to hear! I ve'been hesitating to file because I wasn t'sure about that reasonable "assurance requirement." It s'good to know that substitutes are viewed differently than contracted teachers. Quick question - when you were doing your weekly work search, did you find that most employers were understanding about the fact that you d'likely return to substitute teaching in the fall? I m'worried potential employers might see me as a temporary worker and not want to hire someone who will leave in a few months.
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Keith Davidson
I'm also a substitute teacher in the Capital Region and just wanted to add that you should definitely file, Carmen! I was in the exact same boat last summer - worked as a sub for about the same amount of time as you and was nervous about the irregular schedule. But like others have mentioned, substitutes are treated very differently from contracted teachers by NYS Department of Labor. The key thing that helped me was keeping really good records of all my work - dates, schools, hours, pay amounts. When I filed, they asked for employment history going back 18 months, so having that organized made the process much smoother. One tip: when you're doing your weekly certifications, make sure you're genuinely looking for work and documenting it properly. I applied to summer camps, tutoring centers, retail jobs, basically anything I was qualified for. The work search requirement is real and they do check, but it's totally doable. My benefits were approved in about 2 weeks and it really helped bridge the gap until school started again. Don't let the irregular nature of substitute work discourage you - you've been working steadily and paying into the system, so you've earned these benefits!
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Paolo Conti
•This is such helpful advice, Keith! I'm actually in a very similar situation - substitute teacher for about the same length of time and really nervous about filing. Your point about keeping good records is spot on - I wish I had been more organized with tracking all my different assignments across multiple districts. Can I ask what kind of documentation NYS Department of Labor actually required during the application process? I have most of my pay stubs but I'm missing some from earlier in the year and wondering if that will be a problem. Also, when you mention applying to summer camps and tutoring centers, did those employers ever ask why you were looking for temporary work or did you just explain your situation upfront?
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Zainab Ali
•@Keith Davidson Thank you so much for sharing your experience! This gives me a lot more confidence about filing. I do have most of my documentation organized - pay stubs from the main districts I work with and my W-2 from last year. It s'reassuring to know that the irregular schedule isn t'automatically disqualifying. I m'definitely going to start putting together that employment history for the past 18 months like you mentioned. One more question - when you were doing your work search, did you find that explaining your substitute teaching background actually helped with some employers? I m'thinking places like summer camps or tutoring centers might actually see that experience as a plus, even if it s'temporary work.
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