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The purpose of this page is to encourage substitute teachers to apply for summer unemployment benefits that they are entitled to but have been denied since 1997.

I suspect that most substitute teachers do not know that they are entitled to unemployment benefits year round. During the regular school year the substitute teacher that doesn't work in a particular week or works just one day is entitled to unemployment benefits.

The only time when a substitute teacher is not entitled to benefits is when the week is an interim week between terms or between academic years. An example of this might be the week off for Christmas vacation. Everybody is out of school and the schools are basically shut down. The state law (modeled directly against Federal directives) requires that the criteria for determining whether to pay for the week is dependent on the situation that the substitute teacher finds after the break. If school will be back in session and the teacher has a reasonable opportunity to return to work as before the break, no money need be paid. If that is not the case then unemployment benefits are required. Ironically the Department of Education has been paying unemployment for Christmas as long as I have applied for it, which has been since at least 2000.

The reason substitute teachers are entitled in the summer is because some of the schools operate in the summer and employ substitute teachers at those select schools. If the DOE shut down completely in the summer, the period in the summer would be considered the time between academic years and substitute teachers, like teachers, would not be entitled to summer unemployment.

This means that when schools close for the summer the week immediately following is an interim break at sum schools and a academic year break at others. Since a substitute teacher can work at any school the correct interpretation for the week is that it is an interim break. The test for paying or not paying  unemployment for the week is predicated on whether there is reasonable assurance of employment for the substitute teacher the following week. The obvious answer is "no" for the number of schools needing subs has been dramatically reduced and it is definitely likely that fewer subs will be employed.

The DOE position on the matter is to say the official school calendar is only ten months and the summer months are between academic terms with the substitute teacher having a reasonable opportunity in the fall when classes resume during the "official" school year. The DOE tries to ignore the fact that some schools are in session in the months of  June and July.

I am currently contesting the denial of unemployment benefits for the summer of  2001. The matter has moved through the system and is now before the Hawaiian Supreme Court. I filed an opening brief in May 2003. At some point the Supreme Court will rule on the issue. If the ruling is favorable to me, it will mean that substitute teachers are entitled to unemployment benefits in the summer as they were from 1977 to 1997. ( A twenty year period where an update was applied to the Federal Directive in 1987 which is supposedly the basis for denial in 1997.)

What I suggest: Call in now and file for unemployment. Expect to be turned down. When turned down file immediately for a hearing by the appeals officer. Ask that the scheduled hearing be face to face and not over the phone. It is your right.

Know that you are allowed to bring witnesses to the hearing. Be advised that I am recognized in the legal system and have testified as an expert in three states which include Florida, New York and Hawai'i. I will be pleased to appear at as many hearings as I can. I will not accept any fee for my services. I ask only that my out of pocket cost be picked up and that a donation be made to the Church and School of International Détente. The church is Hawai'i tax exempt and has the appropriate certificate.

When I get a chance I hope to present in some detail each of the steps involved in the application for unemployment and the appeal process.

Keep in mind that if you do not apply you certainly will not collect. If you do apply and I am successful in the Supreme Court you should also collect. Additionally keep in mind that this issue is like so many handled in an arbitrary and capricious manner by the Department of Education. If the DOE choose they could reinstate the payment of substitute teachers unemployment benefits just as they did from 1977 to 1997 in the very near future.

Obviously, such a move would do far more to enhance the well being and encourage the retention of competent substitute teachers than any other action that the DOE now considers.

Do not hesitate to contact me if I can be of  assistance. Keep in mind that all phone calls are screened. Talk to the machine and leave a message so I know you are someone I want to talk with.

George R. Harker, "Summer Unemployment Benefits for Substitute Teachers in Hawaii," Dr.Leisure Online Edition,
http://www.DrLeisure.com/UnemploymentSubstituteHawaii.html, June, 2003

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Consider a tax deductible contribution as another way to help Dr. Harker. A check payable to the Church and School of International Détente, PO Box 1137, Kihei, HI 96753-1137 would be used to support the work of Dr. Harker on behalf of the student and teachers of Hawaii. The Church is registered with the Federal Government and recognized as tax exempt in Hawaii.

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