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Difference between revisions of "Qualifying for Employment Insurance (8:III)"
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Qualifying for Employment Insurance (8:III) (view source)
Revision as of 05:42, 23 November 2019
, 05:42, 23 November 2019no edit summary
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The absolute '''maximum extension''' of a qualifying period is '''104 weeks''' (two years). After 104 weeks, no extensions can be made to the claimant’s qualifying period. | The absolute '''maximum extension''' of a qualifying period is '''104 weeks''' (two years). After 104 weeks, no extensions can be made to the claimant’s qualifying period. | ||
'''NOTE:''' | '''NOTE:''' The same insurable hours can never be used for two separate claims. | ||
== C. Minimum Hours of Employment Required == | == C. Minimum Hours of Employment Required == | ||
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For more details on the regions, refer to the ''EI Regulations'', Schedule I, s 7. The monthly seasonally adjusted regional rate is available from Statistics Canada online. | For more details on the regions, refer to the ''EI Regulations'', Schedule I, s 7. Or, you can refer to this [https://srv129.services.gc.ca/ei_regions/eng/bc.aspx map] of BC’s economic regions. | ||
The monthly seasonally adjusted regional rate is available from Statistics Canada online. | |||
:'''NOTE:''' The Commission reviews the boundaries established for the purposes of employment insurance at least once every five years (EI Regulations, s 18(2)). | :'''NOTE:''' The Commission reviews the boundaries established for the purposes of employment insurance at least once every five years (EI Regulations, s 18(2)). | ||
:'''NOTE:''' A claimant who does not qualify at the time of his or her application may subsequently qualify if the regional unemployment rate should rise into a higher category. However, the converse does not apply. That is, once a claimant meets the requirements, | :'''NOTE:''' A claimant who does not qualify at the time of his or her application may subsequently qualify if the regional unemployment rate should rise into a higher category. However, the converse does not apply. That is, once a claimant meets the requirements, they will not be cut off if the rate subsequently goes down. | ||
:'''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]]). | ||
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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 they have 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 they have 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. | ||
In the case of special benefits, an interruption of earnings occurs when a worker experiences a reduction in earnings of more than 40% of the person’s normal weekly earnings. | |||
=== 1. Weeks of Unemployment === | === 1. Weeks of Unemployment === | ||
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== E. Record of Employment == | == 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. | 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. | ||
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. The rules for this are set out in s 19(3.1) of the EI Regulations. 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]]). | 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]]). | ||
