Script 282 gives information only, not legal advice. If you have a legal problem or need legal advice, you should speak to a lawyer. For the name of a lawyer to consult, call Lawyer Referral at 604.687.3221 in the lower mainland or 1.800.663.1919 elsewhere in British Columbia.

What are Employment Insurance Benefits?
Employment Insurance benefits (called EI in this script) are temporary payments to people who:

• are between jobs, or 
• can’t work because they are sick or have just had a baby, or
• are caring for a family member who is very ill, with a significant risk of death.

There are various types of benefits: Regular benefits are available to people who lose their job through no fault of their own – for example, they were laid off. They have to be available and able to work but unable to find a job. There are also maternity and parental benefits, sickness and compassionate care benefits, and fishing and farming benefits. People living outside of Canada can also receive benefits. And starting in 2011, self-employed people will also be able to get benefits. Detailed information is available on the Service Canada website at www.servicecanada.gc.ca. Click the link called “Employment Insurance”. You can also call Service Canada at 1.800.206.7218.

The EI program is run by the federal government department called Human Resources and Social Development Canada (HRSDC). Its website, at www.hrsdc.gc.ca, has information on the program, including a link to apply online. A key document is called the “Employment Insurance Digest of Benefit Entitlement Principles”. It’s on the Service Canada website (click “Employment Insurance” and then the Digest). HRSDC uses this digest – in addition to the law and regulations – when deciding on EI claims.

Can you get EI?

Regular benefits – you can get regular benefits if all the following things apply to you:

1. You lost your job through no fault of your own, for example, you were laid off. If you quit or were fired, you may not be able to collect – it depends on why you quit or were fired. If you had a good reason to quit – for example, you were harassed – you may still be able to collect EI. You need legal advice in these types of cases.
2. You paid EI premiums when you worked.
3. You worked the required number of insurable hours in the qualifying period (explained in the next paragraph). The number of hours depends on where you live and the unemployment rate in your economic region when you apply. You may need between 420 and 700 insurable hours of work in the qualifying period – unless you are new to the workforce or you’ve been out of the workforce for 2 or more years. In those cases, you may need at least 910 hours of insurable work in the qualifying period.
   
   The qualifying period is the 52 weeks before the start of your claim (or the time since the start of your last claim if it was less than 52 weeks ago). HRSDC can extend the qualifying period up to 104 weeks if you could not work because you were:
   a.  ill, injured, quarantined, or pregnant, or
   b.  in jail or penitentiary, or
   c.  attending an instructional course that HRSDC sent you on.
    
   A longer qualifying period helps if you haven’t worked enough hours in the normal qualifying period – you can count hours you worked more than 52 weeks ago. You have to ask for an extension and show that you are in one of these categories.
4. You have been without work and pay for at least 7 days in a row.
5. You applied for EI – see the next section for how and when to apply.
6. You are available for work but can’t find a job. If you refuse a suitable job offer while collecting EI, you could lose the EI.

Other benefits – different rules apply to maternity, parental, sickness, compassionate care, fishing, and farming cases. The Service Canada website explains them.

How and when should you apply for EI?
To receive EI, you must apply online or in person at a local Service Canada office. To apply online, go to the Service Canada website and click “Apply for Employment Insurance Benefits”.

Apply for EI when your job ends – even if your last employer pays you something, called severance or termination pay, when your job ends. Don’t wait until the severance period ends to apply for EI.

If you already have your Record of Employment from your last employer (ROE, for short), apply immediately when your job ends. The ROE proves you were employed. If the employer doesn’t give you the ROE, ask for it as soon as your job ends. If you do not get your ROE within 14 days of your last day of work, apply for EI as soon as the 14 days are over, and use some other proof of employment, such as, pay stubs, cancelled pay cheques, T4 slips, or work schedules. If you worked for any other employers in the previous 52 weeks, you also need an ROE from each one. But if you can’t get all of them, still apply.

If an employer does not give you the ROE, the local Service Canada office can help you. You will have to fill out a form explaining how you tried to get it. You will also have to give other proof of employment, such as pay stubs, cancelled pay cheques, T4 slips, or work schedules.

If you are applying for maternity, parental, sickness benefits, or compassionate care, apply as soon as you stop working.

If you delay in applying for benefits beyond 4 weeks after your last day of work, you may lose benefits.

• Your SIN (social insurance number) – if your SIN starts with a 9, you have to give proof of your immigration status and a work permit.
• If you want direct deposit, then your bank information, as shown on your cheque or bank statement.
• Your detailed version of the facts – if you quit or were fired from any job in the last 52 weeks.
• Details of your most recent job, including your gross salary (total earnings before deductions, including tips and commissions) for your last week of work (from Sunday to your last day worked). As well, include any other money you received or will receive, such as vacation pay, severance pay, pension, and pay instead of notice or lay off (these must also be the gross amounts).
• If you apply in person, personal identification such as a driver’s license, birth certificate or passport.
• If you are claiming sickness benefits, a medical certificate from your doctor.
• If you are claiming compassionate care benefits, a medical certificate about the person you will be caring for from that person’s doctor.
• If you are claiming parental benefits, the other parent’s SIN.

How long is the waiting period?
You don’t get benefits in the first 2 weeks of your claim, called the waiting period. Any income you earn then is deducted from your benefits and delays your claim. Income includes vacation pay, severance pay, retirement pay and leave credits, and most bonuses and gratuities. Retirement pensions don’t delay the start of a claim, but they are income and they reduce benefits until you have worked long enough to qualify again for EI after the pension starts.

How much can you get?
You get 55% of your average insured earnings in the 26 weeks before your last workday. Earnings include tips and commission and are before deductions. In “participating economic regions” (listed on the Service Canada website) you get 55% of your highest 14 weeks of earnings in the 52 weeks before filing. The maximum is $457 a week. Benefits are taxable income, so taxes are deducted.

You can get more if you are in a low-income family (annual income less than $25,921) with children and you or your spouse receive the Canada Child Tax Benefit. Then you can get the Family Supplement. If you get severance pay from the employer, you may have to pay back some benefits.

The rates listed here are current as of January 2010 based on Service Canada’s website. Rates change periodically, so check this website for current rates. Click “Employment Insurance” and then “Employment Insurance Regular Benefits”.

How long can you collect EI?
You can get regular EI for a period between 19 and 50 weeks. The actual number of weeks is based on the unemployment rate in your region and the number of insurable hours you worked in the qualifying period. You have to claim the EI within a 52-week period. HRSDC can extend this claim period up to 104 weeks in certain cases, but that doesn’t increase the total EI you get. For example, the claim period could be extended if you didn’t get EI for part of it because you were collecting workers’ compensation.

If you are what the government calls an “eligible long-tenured worker”, you may be eligible for more benefits if you have:

• contributed to EI at least 30% of the annual maximum EI premiums for at least 7 of 10 calendar years before the start of your claim, and
• received no more than 35 weeks of regular EI benefits in the 5 years before the start of your claim.

Can you work and still get EI?
Yes. You can work part-time while receiving regular benefits. You must report anything you earn while you get EI. In most parts of Canada you can earn $50 per week or 25% of your weekly benefits, whichever is higher. In some economic zones you can earn more: $75 per week or 40% of your weekly benefits, whichever is higher. Each dollar you earn above these limits is subtracted from your benefits. These amounts change, so check the Service Canada website for current figures.

You can’t work full-time and receive benefits.
 

• File a report every two weeks with HRSDC over the internet, or by phone or mail.
• Be willing and able to work.
• Look for work and keep a written record of employers you contact and when you contacted them.
• Tell HRSDC when you are not available for work.
• Accurately report and keep records of all money you earn or receive and all work you do – whether you work for yourself or someone else.
• Report any employment and separation from employment and reasons for the separation.
• Tell HRSDC if you leave the area where you live or if you leave Canada.
• Keep any appointments you have with HRSDC and give it any required documents and information.

Check the Service Canada website for what to do if you get other types of benefits.

Can you appeal an EI decision?
Yes – you have the right to appeal an EI decision by HRSDC. Write to your local Service Canada office, stating your reasons, within 30 days of when you get the decision. There are three appeal levels:

• First and most importantly, you can appeal to the Board of Referees. Put all your evidence and effort into this first appeal. Get legal advice early in the appeal process – before any hearing.
• Next, you can appeal to an Umpire – but only in certain cases.
• Lastly, you can ask the Federal Court of Canada for a judicial review – but only if there is a clear and obvious error in the Umpire’s decision. You would need legal help to do this.

For details, check the Service Canada appeal website at www.ei.gc.ca.

Can self-employed people get EI?
Not in 2010. But the federal government said that, starting in January 2011, self-employed people will be able to get EI special benefits, which are maternity, parental, sickness, and compassionate care benefits. Self-employed people who are Canadian citizens or residents and who sign an agreement with the government will be eligible. People who sign an agreement by April 1, 2010, can get these benefits starting in January 2011. People who sign an agreement after April 1, 2010, will have to wait 12 months for benefits. Check the Service Canada website for details, under the “What’s new” section.

Is other EI help available?
The federal government announced two temporary programs to help “long-tenured workers” renew or upgrade their skills while receiving regular EI. Plus, eligible laid-off workers who received payments when their job ends won’t have to wait as long before they can get EI – as long as they use some of the EI to pay for eligible training. Check the Service Canada website for details, under the “What’s new” section.

[updated January 2010]

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