Substitute teacher entitled to unemployment benefits

On Board Online • November 9, 2009

By Kimberly A. Fanniff
Associate Counsel 

Generally a professional employed by a school district is not eligible to receive unemployment benefits between academic years if the employee receives reasonable assurance of continued employment for the successive academic year.

In Matter of Lincoln, a school district disputed the award of unemployment benefits to a substitute teacher. The school district argued the teacher received reasonable assurance of continued employment as it mailed him a letter in June 2006 advising he would be retained as a substitute the following year. The district also requested he respond, although no response was received. Lincoln denied receiving the letter from the school district.

Evidence showed the district had mailed the letter to the home of Lincoln’s parents. Lincoln stated he had not lived at his parents for an extended period of time and his parents did not forward the letter to him. Additionally, the evidence showed the school district did not register Lincoln with the new substitute teacher service for the successive academic year.

Based upon the foregoing, the Third Department of the Appellate Division ruled the Unemployment Insurance Appeal Board could properly find that Lincoln had not received reasonable assurance of continued employment and was entitled to benefits.