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Difference between revisions of "Benefit Period of Employment Insurance (8:V)"
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Benefit Period of Employment Insurance (8:V) (view source)
Revision as of 18:35, 4 August 2017
, 18:35, 4 August 2017→C. Income That is Treated as Earnings
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== C. Income That is Treated as Earnings == | == C. Income That is Treated as Earnings == | ||
Section 35(2) of the EI Regulations defines earnings for | Section 35(2) of the EI Regulations defines what will be considered earnings for EI purposes. Income that counts as “earnings” includes, but is not limited to: | ||
*a) severance pay; | *a) severance pay; | ||
*b) retirement payments and retirement leave credits or payments in lieu; | *b) retirement payments and retirement leave credits or payments in lieu; | ||
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*e) vacation pay. | *e) vacation pay. | ||
It is important to note some income, while generally considered earnings, will not prevent an interruption of earnings. For example, the fact that a worker receives severance, pay in lieu of notice, or vacation pay after getting laid off will not delay the interruption of earnings. The claimant should still apply for EI as soon as possible after they stop working to make sure their application is not late, even if the money they get from the employer due to the layoff may delay the start of their actual EI benefits. | |||
Income regarded as earnings is “allocated” pursuant to s 36 of the EI Regulations. This is usually done at the claimant’s regular weekly rate of pay. Such allocation may delay the start of benefits by the number of weeks the earnings can be allocated to. For example, if a person normally earns $500 per week, and receives $1000 severance pay, their claim will be delayed for an additional 2 weeks after they stop work. This is because it will notionally take two weeks to “use up” the $1000, as the claimant usually makes this amount in two weeks. | |||
Though the claimant will need to wait until the money is used up before being eligible to receive benefits, he or she '''must still apply for EI immediately'''. The benefit period will be extended to make up for the weeks it takes to use up these earnings. | |||
Though the claimant will need to wait until the money is used up before being eligible to receive benefits, he or she '''must still apply for EI | |||
== D. Income That Is Not Treated As Earnings == | == D. Income That Is Not Treated As Earnings == | ||