Thanks to advocacy from OSEA members statewide, all classified school employees will be eligible for unemployment benefits under the same criteria as any other worker beginning January 2024! Read more here.
If you have been laid off or do not have a reasonable assurance of a return to work after the summer or any other regularly scheduled break, now is the time to file for unemployment insurance (UI) benefits. Only the Oregon Employment Department (OED) can determine your eligibility for unemployment benefits. OSEA’s guide is based on generalized information we receive from OED.
Who may be eligible for benefits in 2023?
OSEA won access to unemployment benefits for some classifications in 2019 and 2021. You no longer need to pass the “reasonable assurance” test if you work in the areas listed below. Your job title alone is not enough to determine eligibility. An OED representative will contact you to ask you about the type of work you do.
- Custodial, maintenance and facilities staff
- Food preparation and food service staff, or others who provide support exclusively for nutrition services
- If you provide some support for nutrition services but also work in other areas of the school, you are probably subject to the “reasonable assurance” test.
- Early intervention staff (or staff who provide support for early intervention services)
- Pre-kindergarten staff (or staff who provide support for early childhood education)
- Employees of private companies are not subject to reasonable assurance. Similarly, if you work more than one job and are laid off from a non-school employer, you may be eligible for benefits based on the income from that employer.
Who is still subject to the “reasonable assurance” test in 2023?
Until Jan. 1, public school employees who are not in the classifications listed above will need to prove they do not have “reasonable assurance” of returning to their job after a break when applying for unemployment benefits after being laid off.
What should I do if I am laid off?
Follow the steps below, which are based on generalized information we have received from OED. Unique circumstances will impact your eligibility for benefits and the only way to know if you will qualify is to apply.
- Keep all documentation
If they expect to hire you back after break, school districts are required to provide school employees with ‘notice of reasonable assurance’ by May 30. It is crucial for laid off workers to keep copies of all communications from their district, as OED will use these documents to determine if you are eligible for benefits. Print any electronic documents or ask your employer for physical copies if you do not receive them. - File as soon as you are laid off
All school employees who have been laid off should file UI claims, even though many will not be eligible. Unique circumstances can make a difference. With classified school employees, there is no “one size fits all” way of forecasting eligibility. It is better to apply and be declined than to miss out on benefits you could have received. - Retroactive benefits
If your claim is denied, you should continue to file weekly claims to document that you are looking for work. If you are not given the same or similar work in the fall, those weekly claims will be valid retroactively, potentially giving you months of additional benefits. - Need help?
The Oregon AFL-CIO can help workers navigate the unemployment filing process. Contact Josh Hall at josh@oraflcio.org for assistance.