Q: Can employees file for unemployment compensation during the holiday break?
A: Noncontract employees and substitutes can file for unemployment benefits during a break. However, they may not be eligible to receive benefits. Employees cannot receive unemployment benefits from school wages during school breaks if a district can show that notice of reasonable assurance of employment following the break was issued to the employee.
Letters of reasonable assurance should be issued to all noncontract personnel who will be off work without pay for any two consecutive weeks during the year. If a district is not able to demonstrate to the Texas Workforce Commission (TWC) that it issued such a letter, it may be liable for the unemployment claim.
Notices of reasonable assurance should be issued upon hire and each spring. Making this part of the hiring process will ensure complete, year-round protection from unemployment claims. A sample letter of reasonable assurance should be signed by employees and returned to the district (log in to myTASB 
to see our sample letter in the HR Library). Without a signed letter or proof that the employee received it, benefits may be charged back to the district. The signed forms should be kept on file and attached as documentation when responding to unemployment claims.
Another step districts should take to avoid liability for unemployment claims is to have someone check for claim mail and respond to TWC claims during holiday breaks, since missing a TWC deadline could result in the district losing a case.
