Qualifying for Employment Insurance (8:III): Difference between revisions
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Qualifying for Employment Insurance (8:III) (view source)
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To qualify for EI benefits, a claimant must have worked a certain number of hours in insurable employment. The required period of time may change as determined by several factors that are explained below. The required number of hours of insurable employment must be accumulated during the claimant's “qualifying period”. The definition of qualifying period is set out in s 8(1) of the ''EI Act''. This is usually the shorter of either: | To qualify for EI benefits, a claimant must have worked a certain number of hours in insurable employment. The required period of time may change as determined by several factors that are explained below. The required number of hours of insurable employment must be accumulated during the claimant's “qualifying period”. The definition of qualifying period is set out in s 8(1) of the ''EI Act''. This is usually the shorter of either: | ||
# the 52 weeks immediately before the benefit period commences under s 10(1); or | |||
# the period between the beginning of a prior claim and the beginning of the present one. | |||
=== 2. Extensions of the Qualifying Period === | === 2. Extensions of the Qualifying Period === | ||
The qualifying period may be extended (i.e. the Commission will look further back in time) up to a maximum of 104 weeks, as set out in ss 8(2)(a)-(d). It may be extended if the claimant can prove that he or she was unable to work during any of the weeks of the qualifying period because of: | The qualifying period may be extended (i.e. the Commission will look further back in time) up to a maximum of 104 weeks, as set out in ss 8(2)(a)-(d). It may be extended if the claimant can prove that he or she was unable to work during any of the weeks of the qualifying period because of: | ||
* a) illness, injury, quarantine, or pregnancy; | |||
* b) confined in a jail, penitentiary or other similar institution and was not found guilty of the offence for hwcih the person was being held or any other offence arising out of the same transaction. | |||
:Also, since June | :'''Note:''' Also, since June 30, 2013, individuals who are incarcerated and found guilty of an offence for which they are being detained will no longer be able to have their Employment Insurance qualifying and/or benefit periods extended beyond the usual 52 weeks for each week they are confined in a jail, penitentiary or similar institution; | ||
* c) receiving assistance under employment benefits; or | |||
* d) the claim has left their job due to hazardous work or working conditions. This covers situations where the claimant has ceased work because to continue would have entailed danger to the worker, the worker's unborn child, or a child whom the worker is breast-feeding. | |||
:'''Note:''' The extension under (d) is limited to situations where a worker would receive payments under provincial law. Many provinces, including BC, do not yet provide for such payments. Consequently, BC workers cannot use (d) as a ground to extend the qualifying period. | |||
Section 8(3) allows the Commission to extend the qualifying period for persons who were receiving compensation arising from the “complete severance” of a previous employment relationship during the benefit period (e.g. severance pay paid following dismissal). | Section 8(3) allows the Commission to extend the qualifying period for persons who were receiving compensation arising from the “complete severance” of a previous employment relationship during the benefit period (e.g. severance pay paid following dismissal). | ||
