Skip to the content

Can substitute teachers get unemployment in the summer?

Often not on school wages, when the school has said, in writing, out loud or by how it has always worked, that there will be work next term. That is called reasonable assurance, and a federal law tells states not to pay benefits on school wages between terms when it exists. Rules vary by state: what counts as reasonable assurance for a substitute, and what happens when the work doesn't come, are decided by each state's unemployment office. This is not legal advice; ask your state's unemployment office about your own claim.

Rules vary by state, and only your state's unemployment office decides a claim. This page is general information, not legal advice. Every page below was read on October 31, 2026.

The federal rule

The Federal Unemployment Tax Act, at 26 U.S.C. 3304(a)(6)(A), tells states not to pay unemployment benefits on school wages for the weeks between two school years or terms to someone who worked in an instructional, research or principal administrative job in the first term and has a contract or reasonable assurance of that kind of work in the next. For other school jobs, a state may deny them in the same way.

The U.S. Department of Labor explains what counts as reasonable assurance in Unemployment Insurance Program Letter 5-17 (22 December 2016). Washington, for one, wrote its own rules to follow that letter.

An earlier Labor Department letter, 04-87 (24 December 1986), gave substitute examples: an on-call substitute kept on the list for next year was treated as having reasonable assurance; a full-time teacher moved to the on-call list was not, because a place on the list offered only a possibility of work.

What states say

Each state below in its own department's words, closely paraphrased. A state not listed has its own rules too: ask its unemployment office.

California: Employment Development Department (EDD)

  • A recess period is a time when classes are not usually offered: summer, off-track weeks and holiday breaks.
  • Reasonable assurance is a written, spoken or implied agreement that the school employee will work for an educational organization in the next academic year, term or the rest of a term.

That is what California's page says. Rules and decisions change: ask the Employment Development Department (EDD) about your own claim.

Source: EDD: School Employee Claims, checked October 31, 2026 · Becoming a sub in California

Maryland: Maryland Department of Labor, Board of Appeals

  • The Board's digest of its decisions says reasonable assurance is less than a guarantee, but must rest on something more than merely being on a list.
  • In one decision, the Board said that placing a teacher's name on a list of eligible substitutes does not, by itself, establish reasonable assurance.

That is what Maryland's page says. Rules and decisions change: ask the Maryland Department of Labor, Board of Appeals about your own claim.

Source: Maryland Unemployment Decisions Digest: Employees of Educational Institutions, Section 8-909, checked October 31, 2026 · Becoming a sub in Maryland

Minnesota: Unemployment Insurance Minnesota (DEED)

  • Its “between terms” rule applies only to someone who worked in an instructional, research or administrative job and is returning to the same or a similar job next term.
  • The page says non-instructional workers, such as paraprofessionals, teacher aides, bus drivers and office support staff, are not covered by that rule.

That is what Minnesota's page says. Rules and decisions change: ask the Unemployment Insurance Minnesota (DEED) about your own claim.

Source: Unemployment Insurance Minnesota: School employees eligibility for UI benefits during summer months, checked October 31, 2026 · Becoming a sub in Minnesota

New Jersey: Department of Labor and Workforce Development

  • Reasonable assurance is a written, verbal or implied agreement that a school employee will work in the next academic year, term or the rest of a term.
  • Generally, a school is not required to give a substitute teacher a definite return-to-work date. A substitute who accepts substitute work offered under the same general conditions as before has reasonable assurance, the page says.

That is what New Jersey's page says. Rules and decisions change: ask the Department of Labor and Workforce Development about your own claim.

Source: NJ Division of Unemployment Insurance: Information for teachers & other school employees, checked October 31, 2026 · Becoming a sub in New Jersey

New York: Department of Labor

  • The department's interpretation service, on a 2025 court case about a per diem substitute, says reasonable assurance includes the chance to work on substantially the same economic terms, with earnings no less than 90% of the prior year.
  • It also says a school does not have to guarantee earnings for reasonable assurance to exist.

That is what New York's page says. Rules and decisions change: ask the Department of Labor about your own claim.

Source: NYS Department of Labor: Interpretation Service A-750-2180, Reasonable Assurance and Earnings, checked October 31, 2026 · Becoming a sub in New York

North Carolina: Division of Employment Security (DES)

  • A teacher who has reasonable assurance of returning for the next school year is not eligible for benefits, the page says; reasonable assurance means the school expects you back for the next term.
  • Under North Carolina law, a substitute is not considered full-time unless they worked more than 30 hours a week on a continual basis for at least six months.

That is what North Carolina's page says. Rules and decisions change: ask the Division of Employment Security (DES) about your own claim.

Source: NC DES: Unemployment Insurance Benefits Between School Terms FAQs, checked October 31, 2026 · Becoming a sub in North Carolina

Oregon: Employment Department (OED)

  • Substitute teachers are reviewed under the same laws as other school employees.
  • Where going back after a break means a new contract, as in summer, reasonable assurance means an offer of work in the same or a similar capacity at the same rate of pay, or within 10%.
  • Breaks longer than four calendar weeks, which includes most summers, come with a requirement to look for work.

That is what Oregon's page says. Rules and decisions change: ask the Employment Department (OED) about your own claim.

Source: Oregon Employment Department: School Workers, checked October 31, 2026 · Becoming a sub in Oregon

Pennsylvania: Department of Labor & Industry (regulation 34 Pa. Code § 65.161)

  • Reasonable assurance exists only if the school makes a bona fide offer of work for the second period and its terms are not substantially less than in the first.
  • The economic terms include wages, benefits and hours of work. An offer is not bona fide where the employer does not control the circumstances and cannot show that people in the job normally work in the second period.

That is what Pennsylvania's page says. Rules and decisions change: ask the Department of Labor & Industry (regulation 34 Pa. Code § 65.161) about your own claim.

Source: 34 Pa. Code § 65.161, Reasonable assurance (Pennsylvania Code and Bulletin), checked October 31, 2026 · Becoming a sub in Pennsylvania

Texas: Texas Workforce Commission (TWC)

  • Reasonable assurance is a written or verbal commitment of a job after a scheduled break or in the next term, at your school or any other school.
  • During a scheduled break, TWC says it cannot use school wages to work out benefits if there is reasonable assurance, if the person signs up as a substitute teacher with any school, or accepts a job with any educational institution. Wages from a non-school job may still count.

That is what Texas's page says. Rules and decisions change: ask the Texas Workforce Commission (TWC) about your own claim.

Source: TWC: If You Worked for a School, checked October 31, 2026 · Becoming a sub in Texas

Washington: Employment Security Department (rule WAC 192-210-015)

  • Reasonable assurance needs three things: a written, verbal or implied offer from someone with actual authority to make it; work in the same capacity in the next year or term; and economic terms not considerably less.
  • An offer with contingencies counts only if none are within the employer's control, or if it is highly probable they will be met.

That is what Washington's page says. Rules and decisions change: ask the Employment Security Department (rule WAC 192-210-015) about your own claim.

Source: WAC 192-210-015 (Washington State Legislature), checked October 31, 2026 · Becoming a sub in Washington

Wisconsin: Department of Workforce Development (DWD)

  • Benefits are generally not payable to school-year employees (those not hired to work year-round) between terms or during vacations and holiday recesses when they have reasonable assurance of similar work afterwards.
  • Work counts as reasonably similar when it pays at least 90% of what the person earned in the term before.

That is what Wisconsin's page says. Rules and decisions change: ask the Department of Workforce Development (DWD) about your own claim.

Source: DWD Unemployment Insurance Employer Handbook, Part 7, Section 1: Employees of Educational Institutions, checked October 31, 2026 · Becoming a sub in Wisconsin

Before the summer

This page explains published rules in general and is not legal advice. Nothing you do here is sent to us. No sign-in, no ads.