Anonymous

Difference between revisions of "Qualifying for Employment Insurance (8:III)"

From Clicklaw Wikibooks
Line 69: Line 69:


== D. Interruption of Earnings ==
== D. Interruption of Earnings ==


To establish a claim, the worker must have an “interruption of earnings.” An interruption of earnings is defined in ''EI Regulations'' s. 14 as occurring when:  
To establish a claim, the worker must have an “interruption of earnings.” An interruption of earnings is defined in ''EI Regulations'' s. 14 as occurring when:  


:: an insured person is laid off or separated from an employment and has a period of '''seven or more consecutive days''' during which '''no work is performed''' for that employer and '''no earnings are payable''' from that employment.
:: an insured person is laid off or separated from an employment and has a period of '''seven or more consecutive days''' during which '''no work is performed''' for that employer and '''no earnings are payable''' from that employment.


Layoff, the end of a contract, and dismissal can all be causes of an interruption of earnings.  
Layoff, the end of a contract, and dismissal can all be causes of an interruption of earnings.  


A substantial reduction in work hours, such as transitioning from full-time employment to one day a week or less, '''does not''' meet the criteria for an interruption of earnings for regular benefits. Therefore, an individual whose work hours are substantially reduced cannot file a claim unless they experience a complete week of unemployment. Special benefits may be an exception to this rule. However, if there is an interruption of earnings from one of two part-time jobs with the same employer, the claimant may be eligible.
A substantial reduction in work hours, such as transitioning from full-time employment to one day a week or less, '''does not''' meet the criteria for an interruption of earnings for regular benefits. Therefore, an individual whose work hours are substantially reduced cannot file a claim unless they experience a complete week of unemployment. Special benefits may be an exception to this rule. However, if there is an interruption of earnings from one of two part-time jobs with the same employer, the claimant may be eligible.


 
:'''Note''': In the case of special benefits, an interruption of earnings is deemed to have occurred when a worker experiences a reduction in earnings exceeding 40% of their normal weekly earnings.
'''Note''': In the case of special benefits, an interruption of earnings is deemed to have occurred when a worker experiences a reduction in earnings exceeding 40% of their normal weekly earnings.
 


=== 1. Weeks of Unemployment ===
=== 1. Weeks of Unemployment ===


A “week of unemployment” is defined in s. 11(1) of the ''EI Act'' as “a week in which the claimant does not work a full working week.” However, the subsequent subsections of s. 11 describe situations which ''do not'' amount to an interruption of earnings as defined in s. 14.
A “week of unemployment” is defined in s. 11(1) of the ''EI Act'' as “a week in which the claimant does not work a full working week.” However, the subsequent subsections of s. 11 describe situations which ''do not'' amount to an interruption of earnings as defined in s. 14.


== E. Record of Employment ==
== E. Record of Employment ==
2,734

edits