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

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=== 1. General ===
=== 1. General ===


To qualify for EI benefits, a claimant must have worked in insurable employment for a specific period of time. This period is determined by several factors that are explained below. The premium period is calculated based on '''hours''' of insurable employment. 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:  
*a) the 52 weeks immediately before the benefit period commences under s 10(1); or
*a) the 52 weeks immediately before the benefit period commences under s 10(1); or
*b) the period between the beginning of a prior claim and the beginning of the present one.
*b) the period between the beginning of a prior claim and the beginning of the present one.
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'''NOTE:'''  
'''NOTE:'''  
:The extension under (c) 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 (c) as a ground to extend the qualifying period.                               
:The extension under (c) 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 (c) as a ground to extend the qualifying period.                               
:Also, since June 30th 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.  
:Also, since June 30th, 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.  


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).   
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A new entrant, or re-entrant requires 910 hours of insurable employment in their qualifying period, regardless of the rate of unemployment in  their region, which qualifies them to be major attachment claimants.  
A new entrant, or re-entrant requires 910 hours of insurable employment in their qualifying period, regardless of the rate of unemployment in  their region, which qualifies them to be major attachment claimants.  
'''NOTE:''' The government's 2016 budget proposes to eliminate the higher EI eligibility requirements for the new entrant or re-entrant class category such that new entrants or re-entrants face the same eligibility requirements as other claimants in the region where they live.


'''NOTE:''' Under subsection 4.1 of s 7 of the ''EI Act'', parents just returning to the workforce who received one or more weeks of special  benefits (see [[Types of Employment Insurance Benefits (8:VI) | Section VI: Types of Benefits]]) in the previous five years are not classified as new entrants or re-entrants. They can qualify for benefits with the same number of hours as regular attached workers.  
'''NOTE:''' Under subsection 4.1 of s 7 of the ''EI Act'', parents just returning to the workforce who received one or more weeks of special  benefits (see [[Types of Employment Insurance Benefits (8:VI) | Section VI: Types of Benefits]]) in the previous five years are not classified as new entrants or re-entrants. They can qualify for benefits with the same number of hours as regular attached workers.  
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=== 3. Hours Required ===
=== 3. Hours Required ===


All new entrant or re-entrant claimants must accumulate 910 hours of insurable employment during their qualifying period, which entitles them to be major attachment claimants. Regional tables of unemployment are not relevant to the 910 hour requirement.                               
All new entrant or re-entrant claimants must accumulate '''910 hours''' of insurable employment during their qualifying period, which entitles them to be major attachment claimants. Regional tables of unemployment are not relevant to the 910 hour requirement.                               


For all other claimants to receive the regular benefits, they must meet their '''s. 7 Table''' requirements during the qualifying period.  
For all other claimants to receive the regular benefits, they must meet their '''s. 7 Table''' requirements during the qualifying period.  
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::'''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)  
::'''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.  
Layoff, the end of a contract and dismissal can all be causes of an interruption of earnings.  


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.  
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.  
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