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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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I was denied UI benefits under section 1253.3 of the California

Resolved Question:

I was denied UI benefits under section 1253.3 of the California UI code because I am on a "summer recess" period and I received a "reasonable assurance letter". I will be unemployed from 6-10-2011thru 8-28-2011. I read somewhere that San Francisco Unified School District subs had the same issue in 2004, and that the ruling was something like if a school is offering summer school, they are not on summer recess. Right now I'm trying to appeal the decision. I want to know any important points that I might mention to win the appeal. Thank you
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Joseph replied 5 years ago.

Joseph :

Hello and welcome to JustAnswer. I'm sorry to hear about your situation and hope I can help.

Joseph :

Unfortunately, Section 1253.3 of the California Unemployment Code holds that benefits are not available for "[employees of] an educational institution shall not be payable to any individual with respect to any week which commences during a period between two successive academic years or terms if the individual performs the service in the first of the academic years or terms and there is a reasonable assurance that the individual will perform the service in the second of the academic years or terms."

Joseph :

Since you received an assurance letter that you would be employed, you are, unfortunately, ineligible to receive unemployment benefits.

Customer:

Was there a ruling in 2004 in favor of the sub teachers in San Francisco stating that a school is not in "summer recess" if summer school is being offered? I tried to look in the cases of the California Unemployment Insurance Appeals Board, but I couldn't find the docket number.

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