Difference between revisions of "Applying for Employment Insurance"

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{{REVIEWEDPLS | reviewer = [https://www.ascentemploymentlaw.ca/about-us Trevor Thomas], Ascent Employment Law|date= October 2022}} {{Dial-A-Law TOC|expanded = work}}
In Canada, the government offers financial assistance to people who are without work. Learn whether you’re eligible for '''employment insurance benefits''', and the steps to apply for benefits.


{{Dial-A-Law TOC|expanded = employment}}
==What you should know==
==What are Employment Insurance (EI) Benefits?==
===Employment insurance benefits help people who are without work===
Employment Insurance (EI) benefits are temporary payments to people who lose their jobs, are between jobs, or cannot work for various reasons. For example, they may be sick or looking after a sick family member. They may be pregnant or have a new baby.
'''Employment insurance benefits''' are temporary payments made to people who lose their job through no fault of their own.


The EI program is run by the federal government department of Employment and Social Development Canada (ESDC). Its website ([http://www.esdc.gc.ca www.esdc.gc.ca]) has general information, including a link to apply online.
EI, as it’s often called, also offers help if you can’t work because of illness or injury. And it provides benefits for people who take time off work to have or parent a child, or to care for family members who are ill or injured.


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 Service Canada website at [http://www.servicecanada.gc.ca www.servicecanada.gc.ca] – 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.
The EI program is run by the federal government.


You can also call Service Canada at 1.800.206.7218.
===Types of EI benefits available===
'''EI regular benefits''' are for people who lose their job through no fault of their own — for example, you were laid off.


==Types of EI Benefits==
There are also other types of EI benefits available.
The type of benefit depends on the situation.
* '''Maternity and parental benefits''' are for people who can’t work because they’re pregnant, recently had a baby, are adopting a child, or are caring for a baby.
*'''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.
* '''Sickness benefits''' are for people who can’t work because they’re ill, injured, or quarantined.
*'''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.
*'''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.
*'''Fishing benefits''' are for self-employed fishers who are actively seeking work.


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.
There are benefits available for caregivers.
* '''Family caregiver benefits''' are for people who can’t work because they’ve stepped away to care for or support a critically ill or injured family member.
* '''Compassionate care benefits''' are for people who can’t work because they’ve stepped away to care for or support a family member who is gravely ill with a significant risk of death within six months.
* '''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.


Service Canada has more on benefit types at [http://www.servicecanada.gc.ca/eng/sc/ei/index.shtml www.servicecanada.gc.ca/eng/sc/ei/index.shtml].
And there are '''fishing benefits''' for self-employed fishers who are actively seeking work.


==Can you get EI?==
===Qualifying for EI benefits===
'''Regular benefits'''—you can get regular benefits if all the following things apply to you:
To qualify for '''EI regular benefits''', you must:
#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. If you are taking part in a labour dispute, such as a strike or lockout, you may not be able to collect EI.
* in the last 52 weeks, have worked a minimum number of hours in work covered by the EI program
#You paid EI premiums when you worked.
* have lost your job through no fault of your own (you won't qualify if you were fired for misconduct or chose to quit when you had other options)
#You have been without work and pay for at least 7 days in a row in the last 52 weeks.
* have gone seven straight days without work or pay from a particular employer
#You are ready, willing, and capable of working each day.
#You are actively looking for work—you must keep a written record of employers you contact, including when you contacted them.
#You worked the required number of insurable hours in the “qualifying period”. This is the 52 weeks before the start of your claim or the time since the start of your last EI claim, whichever is shorter.  The number of insurable hours required varies between 420 and 700 depending on where you live and the unemployment rate in your economic region when you apply. If you are new to the workforce or have been out of the workforce for 2 or more years, you may need at least 910 hours of insurable work in the qualifying period.


ESDC can extend the qualifying period up to 104 weeks if you could not work because you were:
The federal government website goes through these requirements, and who qualifies for the other types of EI benefits. [https://canada.ca/ei Visit the website].


#ill, injured, quarantined, or pregnant, or
===How much you might get on EI===
#in jail or penitentiary, or
The amount of EI you get depends on the type of EI benefit, how much you’ve been earning, and where you live.
#attending an instructional course that esdc 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.
For most people, the basic rate for calculating EI regular benefits is 55% of your pay, up to a maximum amount. The maximum amount changes over time. The federal government posts the current figure. [https://www.canada.ca/en/services/benefits/ei/ei-regular-benefit/benefit-amount.html See their website].


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.
In calculating your EI benefits, the government considers your gross earnings (before deductions), including tips and commissions. EI benefits are taxable income, so taxes are deducted.


'''Other benefits'''—different rules apply to maternity, parental, sickness, compassionate care, and fishing cases. The Service Canada website explains them.
Your benefits may be reduced if you earn certain types of income during your benefit period. For example, income from self-employment. Other types of income won’t reduce your benefits, such as pension income from an RRSP or RRIF.


==How and when should you apply for EI?==
The federal government provides a full list of income types, and how they affect EI benefits. [https://www.canada.ca/en/services/benefits/ei/earnings-chart.html See the EI earnings chart].
You have to 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.
You can work part-time and still get EI. Under the working while on claim rules, you keep 50 cents of EI benefits for every dollar you earn in wages, up to a maximum amount.


Don’t wait until the employer gives you your Record of Employment ('''ROE''' for short). Employers can issue the ROE electronically to Service Canada or in paper form. The ROE proves you were employed. Ask the employer how they will issue your ROE—if electronically, you don’t need a copy. If it’s a paper ROE, ask for a copy as soon as your job ends. If you worked for any other employers in the previous 52 weeks, you need an roe from each one.
==Apply for EI benefits==


If an employer does not issue the ROE electronically or give you a paper form, 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.
Here are the steps to apply for EI benefits.


If you delay in applying for EI beyond 4 weeks after your last day of work, you may lose benefits.
===Step 1. Gather your information===


==What information do you need to apply?==
Collect all the documents and information you’ll need. These include:
*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 ROE (explained above).
*Personal identification if you apply in person (driver’s license, passport, or birth certificate).
*Your bank information for direct deposit.
*Details of your most recent employment, including salary before deductions (including tips and commissions, and amounts you will receive such as vacation and severance pay, pension, money instead of notice).
*Your detailed version of the facts—if you quit or were fired from any job in the last 52 weeks.
*If you are claiming sickness benefits, you need to supply a medical certificate saying how long your incapacity will probably last.
*If you are claiming compassionate care benefits, you need to provide a medical certificate saying the person you will be caring for has a serious medical condition with significant risk of death within 26 weeks.
*If you are applying for parents of critically ill children benefits, you need to provide a medical certificate saying that your child is critically ill or injured and requires your care or support.


If you are reactivating an existing claim, you may also have to provide:
* your social insurance number
*the salary before deductions for the last week you worked, including tips and commissions.
* your government-issued ID
*any other amounts you received or will receive (for example, vacation pay, severance pay, pension payments, pay in lieu of notice, and other money).
* details of your most recent employment, including your salary and why you left
* your record of employment (ROE), which is a form the employer prepares saying how long you worked for them and how much you earned


==When will you know if your EI application is approved?==
===Step 2. Apply for benefits===
If your application is approved, you should get your first payment within 28 days of when Service Canada received the application and the required documents. If your application is not approved, they will call or write you to explain why. You can appeal the decision, as this script explains later.


==How long is the waiting period?==
You should apply for EI as soon as you stop working. If you delay, you may lose benefits.
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 reduce benefits—unless you work long enough at another job, after the pension starts, to qualify for EI.


==How much will you get?==
To apply, you must start your application online. If you don’t have internet access at home, you can apply at a public internet access site, like a library. Here's the [https://www.canada.ca/en/services/benefits/privacy-notice.html online application form].
The maximum weekly benefit as of January 1, 2014 is $514. Most people get 55% of their weekly average insurable earnings, up to a yearly maximum insurable amount. As of January 1, 2014, the maximum insurable amount is $48,600. 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 EI economic region (listed at http://srv129.services.gc.ca/eiregions/eng/rates_cur.aspx).
===Step 3. After you apply===


You can get more if you are in a low-income family (annual income under $25,921) with children and you or your spouse receive the Canada Child Tax Benefit. Then you can get the Family Supplement (explained on the Service Canada website).
If your application is approved, there may be a one-week waiting period for which you won’t be paid.


These amounts are based on Service Canada’s website as of July 2014. Rates change because they are reviewed each year, so check that website for current rates. Click “Employment Insurance” and then “Employment Insurance Regular Benefits”.
If your application is denied, Service Canada will contact you by letter or phone to explain why.


EI benefits can be reduced if you receive other income during your benefit period, including:
===Step 4. If your application is denied, request a reconsideration===
*pension income from the Canada Pension Plan, the Quebec Pension Plan or a provincial pension plan.
*pension income from employment, including military service or police work—unless you work long enough at another job, after the pension *starts, to qualify for EI.
*damages and interest for wrongful dismissal.
*severance pay.
*callback pay.
*a partial payment of an amount owed.
*self-employment income.


But some other types of income do not affect your regular benefits, including:
If your application is denied, your first step to challenge the decision is to request a reconsideration. There is no cost to do this.
*pension payments from a registered retirement savings plan (RRSP) or a registered retirement income fund (RRIF).
*disability pensions.
*survivor or dependant benefits.
*additional voluntary contributions to a pension fund.
*the Old Age Security pension.
*the part of a pension payable to a spouse in a legal separation or divorce.
*a pension paid by Veterans Affairs Canada.


==Might you have to repay some EI?==
===Step 5. Appeal the reconsideration decision===
Yes. After you file your tax return, you may have to repay part of the EI benefits you received. It depends on your net income and the amount of EI benefits you received.


==How long can you collect EI?==
If you disagree with the decision made on your reconsideration request, you can appeal to the Social Security Tribunal. This is a body similar to a court. It hears appeals on pensions and benefits provided by the federal government.
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:
===Go deeper===
*You were collecting workers’ compensation.
We have more detail on these steps if you want to go further. [https://www.peopleslawschool.ca/applying-employment-insurance/ See our in-depth information on applying for EI].
*You were in jail.
*You received severance pay.
*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.
==Who can help==
===Helpful agencies===
For help with applying for employment insurance benefits.


==Can you work and still get EI regular and other benefits?==
:'''Service Canada'''
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 new pilot project called, “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 for 3 years, starting August 5, 2012.
:This federal government agency helps people access the employment insurance program.
:Call 1-800-206-7218
:[https://www.canada.ca/en/employment-social-development/corporate/contact.html Visit website]


These amounts can change, so check the Service Canada website for current figures.
===Legal advice===
There are options for free legal advice.
:'''Lawyer Referral Service'''
:Helps you connect with a lawyer for a complimentary 15-minute consult to see if you want to hire them.
:Call 1-800-663-1919
:[https://www.accessprobono.ca/our-programs/lawyer-referral-service Visit website]


You can’t work full-time and receive benefits.
:'''Access Pro Bono's Free Legal Advice'''
 
:Volunteer lawyers provide 30 minutes of free legal advice to people with low or modest income.
==Can you leave Canada temporarily and still get EI regular benefits?==
:Call 1-877-762-6664
Usually, you cannot receive regular benefits while you are out of Canada. But you can receive regular benefits if you show that you are available for work in Canada while abroad, and you tell your local Service Canada Centre that you will be away temporarily.
:[https://www.accessprobono.ca/get-legal-help Visit website]
 
You can be outside Canada for up to 7 consecutive days to do one of the following things:
*attend the funeral of a member of your immediate family or a close relative.
*accompany a member of your immediate family to a medical facility, if the treatment sought is not readily available where the family member lives in Canada.
*visit a member of your immediate family who is seriously ill or injured.
*attend a bona fide (legitimate) job interview.
 
You can also be outside of Canada for up to 14 days in a row for a legitimate job search.
 
==Can you work or live outside Canada and still get EI?==
If you work outside Canada for a Canadian company or the Canadian government, you are usually eligible for EI, but not if your job is covered by a similar program in the country you are working in.
 
If you live outside Canada, you may be eligible for some types of EI in certain cases. You may also be eligible if you live in Canada or the United States and regularly cross the Canada/U.S. border between your home and workplace.
 
The Service Canada website has details on these cases.
 
==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:
*were outside Canada during the report period.
*worked or received earnings, including earnings from self-employment.
*started a full-time job.
*attended school or a training course.
*were ready, willing, and capable of working each day.
*received or will receive any other money.
 
Check the Service Canada website for what to do if you get other types of benefits.
 
==Can you get EI if you are self-employed?==
Yes, as of January 2011, self-employed people can get EI special benefits in some cases (described on the Service Canada website). Special benefits consist of maternity, parental, sickness, compassionate care, and parents of critically ill children benefits. To be eligible, self-employed people must:
*be Canadian citizens or permanent residents.
*register with the government (by signing an agreement).
*operate their own business or work for a corporation but can’t get EI benefits because they control more than 40% of the corporation’s voting shares.
*wait 12 months after registering.
 
==Is other EI help available?==
Starting in July 2010, '''Canadian Forces members’''' eligibility (benefit) period was extended by one week for every week they could not collect all their parental benefits (in the regular eligibility period) because military service interrupted their parental leave. Details are on the Service Canada website, under the “Employment Insurance Initiatives” section.
 
==Can you appeal an EI decision?==
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.
 
During a reconsideration, Service Canada will:
*review any new information you provided.
*review the original decision and all relevant information on file.
*do more fact-finding and clarify all discrepancies or contradictions with all interested parties such as you, the employer, and anyone else with information on the case.
*obtain all relevant documents such as contract of employment or other relevant document.
*ensure the evidence and reason supporting the decision are well documented.
*assess all information on the issue.
*ensure the decision is consistent with the law and earlier decisions.
 
More details on the reconsideration process are available at [http://www.ei.gc.ca/eng/reconsideration.shtml www.ei.gc.ca/eng/reconsideration.shtml].
 
'''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 Tribunal website ([http://www.canada.ca/en/sst/ www.canada.ca/en/sst/]) 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 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 July 2014]
 
 
----
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:'''People’s Law School'''
:See more options for free or low-cost legal help.
:[https://www.peopleslawschool.ca/options-legal-help/ Visit website]


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Latest revision as of 00:13, 8 November 2023

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Trevor Thomas, Ascent Employment Law in October 2022.
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In Canada, the government offers financial assistance to people who are without work. Learn whether you’re eligible for employment insurance benefits, and the steps to apply for benefits.

What you should know

Employment insurance benefits help people who are without work

Employment insurance benefits are temporary payments made to people who lose their job through no fault of their own.

EI, as it’s often called, also offers help if you can’t work because of illness or injury. And it provides benefits for people who take time off work to have or parent a child, or to care for family members who are ill or injured.

The EI program is run by the federal government.

Types of EI benefits available

EI regular benefits are for people who lose their job through no fault of their own — for example, you were laid off.

There are also other types of EI benefits available.

  • Maternity and parental benefits are for people who can’t work because they’re pregnant, recently had a baby, are adopting a child, or are caring for a baby.
  • Sickness benefits are for people who can’t work because they’re ill, injured, or quarantined.

There are benefits available for caregivers.

  • Family caregiver benefits are for people who can’t work because they’ve stepped away to care for or support a critically ill or injured family member.
  • Compassionate care benefits are for people who can’t work because they’ve stepped away to care for or support a family member who is gravely ill with a significant risk of death within six months.
  • 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.

And there are fishing benefits for self-employed fishers who are actively seeking work.

Qualifying for EI benefits

To qualify for EI regular benefits, you must:

  • in the last 52 weeks, have worked a minimum number of hours in work covered by the EI program
  • have lost your job through no fault of your own (you won't qualify if you were fired for misconduct or chose to quit when you had other options)
  • have gone seven straight days without work or pay from a particular employer

The federal government website goes through these requirements, and who qualifies for the other types of EI benefits. Visit the website.

How much you might get on EI

The amount of EI you get depends on the type of EI benefit, how much you’ve been earning, and where you live.

For most people, the basic rate for calculating EI regular benefits is 55% of your pay, up to a maximum amount. The maximum amount changes over time. The federal government posts the current figure. See their website.

In calculating your EI benefits, the government considers your gross earnings (before deductions), including tips and commissions. EI benefits are taxable income, so taxes are deducted.

Your benefits may be reduced if you earn certain types of income during your benefit period. For example, income from self-employment. Other types of income won’t reduce your benefits, such as pension income from an RRSP or RRIF.

The federal government provides a full list of income types, and how they affect EI benefits. See the EI earnings chart.

You can work part-time and still get EI. Under the working while on claim rules, you keep 50 cents of EI benefits for every dollar you earn in wages, up to a maximum amount.

Apply for EI benefits

Here are the steps to apply for EI benefits.

Step 1. Gather your information

Collect all the documents and information you’ll need. These include:

  • your social insurance number
  • your government-issued ID
  • details of your most recent employment, including your salary and why you left
  • your record of employment (ROE), which is a form the employer prepares saying how long you worked for them and how much you earned

Step 2. Apply for benefits

You should apply for EI as soon as you stop working. If you delay, you may lose benefits.

To apply, you must start your application online. If you don’t have internet access at home, you can apply at a public internet access site, like a library. Here's the online application form.

Step 3. After you apply

If your application is approved, there may be a one-week waiting period for which you won’t be paid.

If your application is denied, Service Canada will contact you by letter or phone to explain why.

Step 4. If your application is denied, request a reconsideration

If your application is denied, your first step to challenge the decision is to request a reconsideration. There is no cost to do this.

Step 5. Appeal the reconsideration decision

If you disagree with the decision made on your reconsideration request, you can appeal to the Social Security Tribunal. This is a body similar to a court. It hears appeals on pensions and benefits provided by the federal government.

Go deeper

We have more detail on these steps if you want to go further. See our in-depth information on applying for EI.

Who can help

Helpful agencies

For help with applying for employment insurance benefits.

Service Canada
This federal government agency helps people access the employment insurance program.
Call 1-800-206-7218
Visit website

Legal advice

There are options for free legal advice.

Lawyer Referral Service
Helps you connect with a lawyer for a complimentary 15-minute consult to see if you want to hire them.
Call 1-800-663-1919
Visit website
Access Pro Bono's Free Legal Advice
Volunteer lawyers provide 30 minutes of free legal advice to people with low or modest income.
Call 1-877-762-6664
Visit website
People’s Law School
See more options for free or low-cost legal help.
Visit website
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