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Difference between revisions of "Applying for Employment Insurance"

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The EI program is run by the federal government department of Employment and Social Development Canada (ESDC). Its [http://www.esdc.gc.ca/ website] has general information, including a link to apply online.
The EI program is run by the federal government department of Employment and Social Development Canada (ESDC). Its [http://www.esdc.gc.ca/ website] has general information, including a link to apply online.


For detailed information on EI, including types of benefits available, how to apply, how much and how long you can collect, how to appeal an EI decision, and the ''Employment Insurance Act'', check the [http://www.servicecanada.gc.ca/ Service Canada website]. click on “[http://www.servicecanada.gc.ca/eng/sc/ei/index.shtml Employment Insurance]”. The “[http://www.servicecanada.gc.ca/eng/ei/faq/faq_index_individuals.shtml Frequently Asked Questions]” (FAQ) section is a good starting point. As well, the “[http://www.servicecanada.gc.ca/eng/ei/digest/table_of_contents.shtml Employment Insurance Digest of Benefit Entitlement Principles]” is important. ESDC uses this digest—and the law and regulations—when deciding on EI claims.
For detailed information on EI, including types of benefits available, how to apply, how much and how long you can collect, how to appeal an EI decision, and the ''Employment Insurance Act'', check the [http://www.servicecanada.gc.ca/ Service Canada website]. Click on “[http://www.servicecanada.gc.ca/eng/sc/ei/index.shtml Employment Insurance benefits]”. As well, the “[http://www.servicecanada.gc.ca/eng/ei/digest/table_of_contents.shtml Employment Insurance Digest of Benefit Entitlement Principles]” is important. ESDC uses this digest—and the law and regulations—when deciding on EI claims.


You can also call Service Canada at 1.800.206.7218.
You can also call Service Canada at 1.800.206.7218.


==Types of EI Benefits==
==Types of EI Benefits==
The type of benefit depends on the situation.
The type of benefit depends on the situation.  
*'''Regular benefits''' are for 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.
*'''[https://www.canada.ca/en/services/benefits/ei/ei-regular-benefit.html Regular benefits]''' are for people who lose their job through no fault of their own—for example, they were laid off. They must be available and able to work but unable to find a job.
*'''Maternity and parental benefits''' are for people who cannot work because they are pregnant, or recently had a baby, or are adopting a child or caring for a baby.
*'''[https://www.canada.ca/en/services/benefits/ei/ei-maternity-parental.html Maternity and parental benefits]''' are for people who cannot work because they are pregnant, or recently had a baby, or are adopting a child or caring for a baby.
*'''Sickness benefits''' are for people who cannot work because they are sick, injured, or quarantined.
*'''[https://www.canada.ca/en/services/benefits/ei/ei-sickness.html Sickness benefits]''' are for people who cannot work because they are sick, injured, or quarantined.  
*'''Compassionate care benefits''' are for people who cannot work because they are away from work temporarily to care for or support a family member who is gravely ill with a significant risk of death.
*'''[https://www.canada.ca/en/services/benefits/ei/ei-compassionate.html Compassionate care benefits]''' are for people who cannot work because they are away from work temporarily to care for or support a family member who is gravely ill with a significant risk of death.
*'''Benefits for parents of critically ill children''' are for eligible parents who take time off work to care for their critically ill or injured child.
*'''[https://www.canada.ca/en/services/benefits/ei/family-caregiver-children.html Family caregiver benefit for children]''' is for eligible parents who take time off work to care for their critically ill or injured child.  
*'''Fishing benefits''' are for self-employed fishers who are actively seeking work.
*'''[https://www.canada.ca/en/services/benefits/ei/family-caregiver-adults.html Family caregiver benefit for adults]''' is for eligible family members who take time off work to care for a critically ill or injured adult. They may be shared by eligible family members who provide care.
*'''[https://www.canada.ca/en/services/benefits/ei/ei-fishing.html Fishing benefits]''' are for self-employed fishers who are actively seeking work.
*'''[https://www.canada.ca/en/services/benefits/ei/ei-self-employed-workers.html Benefits for the self-employed]''' are for self-employed people who sign an agreement or register with the Canada Employment Insurance Commission.
*'''[https://www.canada.ca/en/services/benefits/audience/canadiansabroad.html Benefits for Canadians living abroad]''' are for people who work outside Canada for a Canadian company or the Canadian government.  


People living outside of Canada can receive benefits if their job is insured under the EI program. As of 2011, self-employed people can get special benefits (maternity, parental, sickness, compassionate care, and parents of critically ill children) if they register and qualify. The script has more on this later.
People living outside of Canada can receive benefits if their job is insured under the EI program. As of 2011, self-employed people can get special benefits (maternity, parental, sickness, compassionate care, and parents of critically ill children) if they register and qualify. The script has more on this later.
Service Canada's [http://www.servicecanada.gc.ca/eng/sc/ei/index.shtml website] has more on benefit types.


==Can you get EI?==
==Can you get EI?==
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::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.
::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.
::You also need at least 490 hours as a member of the labour force during the “labour force attachment period”—the 52 weeks right before the qualifying period. Being a member of the labour force means that you worked or received earnings, benefits, or compensation; participated in an approved training or other program; served a waiting period; or participated in a labour dispute.


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


==How and when should you apply for EI?==
==How and when should you apply for EI?==
You have to apply online (on the Service Canada website) or in person at a local Service Canada office.
You must apply online (on the Service Canada website) or in person at a local Service Canada office.


Apply for EI as soon as you stop working—even if your last employer pays you severance or termination pay, when your job ends. Don’t wait until the severance period ends to apply for EI.
Apply for EI as soon as you stop working—even if your last employer pays you severance or termination pay, when your job ends. Don’t wait until the severance period ends to apply for EI.
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==What information do you need to apply?==
==What information do you need to apply?==
*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.
*Your SIN (social insurance number)—if your sin starts with a 9, you must give proof of your immigration status and a work permit.
*Your ROE (explained above).
*Your ROE (explained above).
*Personal identification if you apply in person (driver’s license, passport, or birth certificate).
*Personal identification if you apply in person (driver’s license, passport, or birth certificate).
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==How much will you get?==
==How much will you get?==
The maximum weekly benefit as of January 1, 2016 is $537. Most people get 55% of their weekly average insurable earnings, up to a yearly maximum insurable amount. As of January 1, 2016, the maximum insurable amount is $50,800. Earnings include tips and commission and are before deductions. Benefits are taxable income, so taxes are deducted.
The maximum weekly benefit as of January 1, 2018 is $547. Most people get 55% of their weekly average insurable earnings, up to a yearly maximum insurable amount. As of January 1, 2018, the maximum insurable amount is $51,700. Earnings include tips and commission and are before deductions. Benefits are taxable income, so taxes are deducted.


Benefits are based on your highest weeks of earnings over the qualifying period, usually 52 weeks. The number of weeks used to calculate your benefits ranges from 14 to 22, depending on the unemployment rate in your [http://srv129.services.gc.ca/eiregions/eng/rates_cur.aspx EI economic region].
Benefits are based on your highest weeks of earnings over the qualifying period, usually 52 weeks. The number of weeks used to calculate your benefits ranges from 14 to 22, depending on the unemployment rate in your [http://srv129.services.gc.ca/eiregions/eng/rates_cur.aspx EI economic region].
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You can get EI regular benefits for a period ranging from 14 to 45 weeks. The 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 can get EI regular benefits for a period ranging from 14 to 45 weeks. The 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, called the “benefit period”. ESDC can extend the benefit period up to 104 weeks if you didn’t get EI for part of the period because of one of the following cases:
You must claim the EI within a 52-week period, called the “benefit period”. ESDC can extend the benefit period up to 104 weeks if you didn’t get EI for part of the period because of one of the following cases:
*You were collecting workers’ compensation.
*You were collecting workers’ compensation.
*You were in jail.
*You were in jail.
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*Your newborn or newly adopted child was hospitalized, or you were pregnant or breastfeeding and stopped working for your child’s health (and as a result, got provincial benefits).
*Your newborn or newly adopted child was hospitalized, or you were pregnant or breastfeeding and stopped working for your child’s health (and as a result, got provincial benefits).


You have to apply to extend the benefit period—it’s not automatic. An extension does not increase the total EI you get.
You must apply to extend the benefit period—it’s not automatic. An extension does not increase the total EI you get.


==Can you work and still get EI regular and other benefits?==
==Can you work and still get EI regular and other benefits?==
Yes. You can work part-time while receiving regular, fishing, parental, and compassionate care benefits. You must report anything you earn while you get EI. Under a pilot project, called “[http://www.servicecanada.gc.ca/eng/ei/information/wwc.shtml Working While on Claim]”, you can keep 50 cents of your EI benefits for every dollar you earn, up to 90% of your weekly insurable earnings. The 90% amount is called the earnings threshold. Any amount that you earn above the threshold is deducted from your benefits. This pilot project runs until August 6, 2016.
Yes. You can work part-time while receiving regular, fishing, parental, and compassionate care benefits. You must report anything you earn while you get EI. Under a pilot project, called “[http://www.servicecanada.gc.ca/eng/ei/information/wwc.shtml Working While on Claim]”, you can keep 50 cents of your EI benefits for every dollar you earn, up to 90% of your weekly insurable earnings. The 90% amount is called the earnings threshold. Any amount that you earn above the threshold is deducted from your benefits. This pilot project runs until August 11, 2018.


These amounts can change, so check the Service Canada website for current figures.
These amounts can change, so check the Service Canada website for current figures.
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==What must you do while you get EI regular benefits?==
==What must you do while you get EI regular benefits?==
File a report every 2 weeks with HRSDC (on the internet, or by phone or mail) to show your are still eligible to receive benefits. The report must say if you:
File a report every 2 weeks with HRSDC (on the internet, or by phone or mail) to show you're still eligible to receive benefits. The report must say if you:
*were outside Canada during the report period.
*were outside Canada during the report period.
*worked or received earnings, including earnings from self-employment.
*worked or received earnings, including earnings from self-employment.
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Yes—you can appeal EI decisions. So can employers.
Yes—you can appeal EI decisions. So can employers.


'''Reconsideration by EI Commission'''—if you disagree with an EI decision (for example, if they refused your application for benefits), the first step is to ask for a '''reconsideration'''. The EI Commission will review the decision in your case. There is no cost, but you have to request the reconsideration within 30 days of receiving the EI decision. The EI Commission may allow more time if you have a reasonable explanation for why you missed the deadline.
'''[https://www.canada.ca/en/services/benefits/ei/ei-reconsideration.html Reconsideration by EI Commission]'''—if you disagree with an EI decision (for example, if they refused your application for benefits), the first step is to ask for a '''reconsideration'''. The EI Commission will review the decision in your case. There is no cost, but you must request the reconsideration within 30 days of receiving the EI decision. The EI Commission may allow more time if you have a reasonable explanation for why you missed the deadline.


During a reconsideration, Service Canada will:
During a reconsideration, Service Canada will:
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More details on the reconsideration process are available [http://www.ei.gc.ca/eng/reconsideration.shtml here].
More details on the reconsideration process are available [http://www.ei.gc.ca/eng/reconsideration.shtml here].


'''Appeal to Social Security Tribunal'''—if you disagree with the result of the reconsideration, you can file an appeal with the Social Security Tribunal of Canada. This new tribunal replaces the previous EI appeal process and is independent from the EI Commission. The [http://www.canada.ca/en/sst/ Tribunal website] explains the appeal process.
'''Appeal to [http://www1.canada.ca/en/sst/index.html Social Security Tribunal]'''—if you disagree with the result of the reconsideration, you can file an appeal with the Social Security Tribunal of Canada. This new tribunal replaces the previous EI appeal process and is independent from the EI Commission. The [http://www.canada.ca/en/sst/ Tribunal website] explains the appeal process.


'''Tribunal’s General Division'''—you have to file an appeal with the Social Security Tribunal’s General Division within 30 days of receiving the reconsideration decision. The Tribunal can dismiss an appeal or hold a hearing to assess the merits of it. Hearings can be by writing, phone, videoconference, or in person.
'''Tribunal’s [http://www1.canada.ca/en/sst/ei/eiprocess.html General Division]'''—you have to file an appeal with the Social Security Tribunal’s General Division within 30 days of receiving the reconsideration decision. The Tribunal can dismiss an appeal or hold a hearing to assess the merits of it. Hearings can be by writing, phone, videoconference, or in person.


'''Tribunal’s Appeal Division'''—if you disagree with a decision of the Tribunal’s General Division, in some cases you can file an appeal with the Tribunal’s Appeal Division. But you need permission from the Tribunal to do this. And you have to file an appeal within 30 days of receiving the General Division’s decision.
'''Tribunal’s [http://www1.canada.ca/en/sst/adei/adeiprocess.html Appeal Division]'''—if you disagree with a decision of the Tribunal’s General Division, in some cases you can file an appeal with the Tribunal’s Appeal Division. But you need permission from the Tribunal to do this. And you have to file an appeal within 30 days of receiving the General Division’s decision.




[updated May 2016]
[updated June 2018]


'''The above was last reviewed for accuracy by Dana Quantz and edited by John Blois.'''
'''The above was edited by John Blois.'''


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