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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'''NOTE:''' The number of hours that an insured person (other than a new or re-entrant to the labour force) needs under s 7 to qualify for benefits is increased to the number shown under s 7.1(1) if one or more violations has occurred in the 260 week period prior to the initial claim (see [[Keeping Out of Trouble on Employment Insurance (8:IX) | Section IX: Keeping Out of Trouble]]). | '''NOTE:''' The number of hours that an insured person (other than a new or re-entrant to the labour force) needs under s 7 to qualify for benefits is increased to the number shown under s 7.1(1) if one or more violations has occurred in the 260 week period prior to the initial claim (see [[Keeping Out of Trouble on Employment Insurance (8:IX) | Section IX: Keeping Out of Trouble]]). | ||
== D. Interruption of Earnings == | |||
To establish a claim, the worker must have an “interruption of earnings.” An interruption of earnings is defined as: | |||
::'''Seven or more consecutive days''' during which the employee performs no work and for which the employee will '''receive no earnings'''. (''EI Regulations'', s.14) | |||
Layoff, the end of a contract, dismissal, voluntary departure, maternity, illness, adoption, and retirement can all be causes of an interruption of earnings. It must have occurred in the past 52 weeks for the claimant to be eligible for benefits. | |||
A substantial reduction in the hours of work (for example, from full time to one day a week or less) does '''not''' meet this definition. Consequently, a worker whose hours are drastically reduced cannot establish a claim unless he or she has a full week of unemployment. The only exception is for special benefits. However, if there is an interruption of earnings from one of two part-time jobs with the same employer, then the claimant could qualify. | |||
=== 1. Weeks of Unemployment === | |||
“Week of unemployment” is defined in s 11(1) of the ''EI Act''. This definition is important for the purposes of claiming benefits. The following subsections of s 11 describe situations which do not amount to an interruption of earnings as defined in s 14. | |||
*Subsection (2): a week during which a claimant’s contract of service continues and in respect of which he or she receives, or will receive, usual remuneration for a full working week, does not constitute a week of unemployment, even if the claimant actually performs no work during that time. | |||
*Subsection (3): where an employee agrees with the employer to take a period of leave from employment, but continues to be an employee during that period, and receives remuneration that was set aside during a period of work (i.e. vacation pay), any week or part of a week during such a period of leave is not a week of unemployment, regardless of when the remuneration was paid. | |||
*Subsection (4): where an insured person regularly works a greater number of hours, days, or shifts than are normally worked by persons in full time employment, and pursuant to an agreement to which the employer is therefore entitled to a period of leave, the weeks falling in the period of leave are not considered to be weeks of unemployment. | |||
== E. Record of Employment == | |||
An employer who completes a paper form must provide an employee with a Record of Employment (a ROE) five days after the first day of the interruption of earnings, or the day on which the employer becomes aware of the interruption of earnings. Many employers do not follow the rules and take longer. | |||
The rules for how and when an employer must file a ROE are different if they fill it out online rather than in paper form. The rules for this are set out in s 19(3.1) of the ''Employment Insurance Regulations''. If the ROE is completed in electronic form, it must be sent to the Commission no later than 5 days after the end of the pay period in which the first day of the interruption of earnings fell. If there are 13 or fewer pay periods in a year, then the ROE must be sent to the Commission no later than 15 days after the first day of the interruption of earnings. An employer who completes a ROE in electronic form is not required to send a copy to the employee. | |||
The ROE contains information important to the EI claim. It sets out the first and last dates of work, the total hours worked and the total earnings, which are used to determine the amount of benefits payable and it also sets out the reason for separation. If it says that the claimant quit or was fired, the Commission must investigate the reasons. Depending on the conclusions of the Commission, the claimant may be disqualified from all regular benefits (see [[Quantifying Employment Insurance Benefits (8:V)#D. Effect of Earnings | Section V.D: Effect of Earnings]]). | |||
'''NOTE:''' It is important that claimants who have worked more than one job during the qualifying period retain the ROEs from each employer. | |||
If the claimant disagrees with statements in the ROE, he or she can ask the employer to correct them. The claimant should also bring the errors to the Commission's attention at the time of application. | |||
== F. Filing an Application == | |||
'''Applications should be filed during the first full week of unemployment''' (see [[Checklist for Initial Application for Employment Insurance (8:App A) | Appendix A: Checklist for Initial Application for EI Applications]]). However, as a matter of policy, applications will be automatically “antedated” (see Section IV.B: Antedating) for up to four weeks. If the claimant delays longer than this, heor she may lose benefits unless heor she is able to show “good cause”for the delay.Because of this, if a claimant cannot get a ROE immediately, heor she should still goto the nearest Canada Employment Insurance Commission office and complete an application. Usually, the Commission will want to have an ROE before they process the claim, however, claimants should always ensure they apply on time even if they do not yet have their ROE. The Claimant should make efforts to get the ROE from the employer, however if the Claimant is unsuccessful the Commission will contact the employer if the recordisnot completed on time. If necessary, a claimant may prove his or her employment history and insurable earnings by filing an application supported bypay slips and cheque stubs, etc. NOTE: Applications may be filed online through the HRDC web site. Applicants filing online must still submit their ROE(s) by mail orin person. If the claimant’ s ROE has a “W”or“S” serial number, his or her employer has provided ROE electronically to the local office and the claimant isnot required to submit the paper copy. Claimants may review and edit their claim information online by using the “MyEI Information on-line” service provided by HRDC. For general information about filing an application and about the EI system visit: www.hrsdc.gc.ca/en/ei/menu/eihome.shtml. | |||
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