EDD BENEFITS FOR PART-TIME FACULTY

Since most part-time faculty have several weeks "vacation" at the end of each semester, it is very important that everyone takes advantage of the unemployment benefits offered by the Employment Development Department of the State of California (EDD), which provide you a percentage of your income each week you are between assignments.

The PFT reminds all part-time faculty members that you are eligible for unemployment insurance benefits during the period between semesters when you are unemployed or underemployed. Cervisi vs. Unemployment Insurance Appeals Board (208 Cal. App. 3d 635), decided in February 1989 by the Court of Appeals, held that a "contingent assignment is not a ‘reasonable assurance’ of continued employment" within the meaning of the Unemployment Insurance Act, and does not disqualify the employee from the receipt of benefits.

Even if you have received an offer of employment or letter of assignment for the next semester, you are entitled to apply for unemployment benefits over the semester break immediately upon completion of your last working day of the semester.

In order to file a claim, you must call the Employment Development Department at 1-800-300-5616. You should have a copy of your Letter of Assignment from PCCD on hand, which usually states that your assignment is contingent and implies no rights of continued employment.  All claims are now processed by phone, and paperwork is mailed to you. If you have other employment in addition to your teaching assignment, this may affect your claim by making you underemployed (which provides a smaller benefit) or ineligible to receive benefits.

As a school employee, you will probably be scheduled for a phone interview. It is crucial that when you are asked if you have a contract which would guarantee your continued employment, you answer "no." What you have as a part-time faculty member is a tentative offer based on enrollment and other factors. You do not have a guaranteed contract position. Many part-time faculty members have been mistakenly denied benefits because they mistook their assignment letter to be a contract and answered this question incorrectly. Remember, when asked if you have a contract, just say "No!" If the EDD denies your application, you should immediately file an appeal. In the appeal hearing, bring the Cervisi decision to the attention of the hearing officer.

If such steps are taken, it is our belief that you will receive the benefits to which you are entitled. Please contact the PFT office if you have any questions or if you need any help filing an appeal (we have a lot of sample appeal letters that you might like to use).

Special thanks to AFT Guild Local 1931 in San Diego for graciously allowing us to "borrow" and adapt their original text