Are per diem substitute teachers eligible for unemployment for the period between two academic years (summer vacation)?

No. Patricia Murphy, a per diem substitute working in Manhattan, worked 154 days during the 2008-2009 school year. On June 12, 2009 she received a letter from the DOE that she would be employed the following September. She applied for unemployment insurance benefits at the end of June and was denied. The Third Department affirmed.

The Court held, “A professional employed by an educational institution is precluded from receiving unemployment insurance benefits for the period between two successive academic years when he or she has received a reasonable assurance of continued employment.”

Observation: Under the sketchy terms of the recent agreement between the UFT and the DOE it appears that ATRs will replace many per diem substitute. If that is the case per diems should be able to receive unemployment insurance as no “reasonable assurance of continued employment” can be given by the DOE.

In the Matter of the Claim of  [*1]  PATRICIA J. MURPHY, Appellant. and COMMISSIONER OF LABOR, Respondent.511370, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, 2011 NY Slip Op 5396; 2011 N.Y. App. Div. LEXIS 5268, June 23, 2011, Decided, June 23, 2011, Entered