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

To qualify for EI benefits, a claimant must have worked a certain number of hours of insurable employment during the claimant’s qualifying period. The required number of hours may vary according to the location of the claimant, and the unemployment rate in the region they live in.  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 Due to Covid-19, if claimants received the Canadian Emergency Response Benefit (CERB), the 52-week period to accumulate insured hours will be extended. (As of the time of writing, these changes are in effect until September 25, 2021. Please check the CRA website for potential extensions or changes).

However, the qualifying period may be extended (i.e. the Commission will look further back in time) up to a maximum of 104 weeks, as set out in ss 8(2)(a)-(d).  It may be extended if the claimant can prove that they were unable to work during any of the weeks of the qualifying period because of:

A minor attachment claimant is defined in s 6(1) as a claimant who qualifies to receive benefits and has fewer than 600 hours of insurable  employment in their qualifying period.  

Minor attachment claimants cannot receive most special benefits. Due to Covid-19 claimants will only need 120 insured hours to qualify for benefits because they will get a one-time credit of 480 insured hours to help them meet the required 600 insured hours of work. As a result claimants who might not otherwise be eligible for special benefits may qualify. (As of the time of writing, these changes are in effect until September 25, 2021. Please check the CRA website for potential extensions or changes). 

| more than 6.0% but not more than 7.0%

| more than 7.0% but not more than 8.0%

| more than 8.0% but not more than 9.0%

| more than 9.0% but not more than 10.0%

| more than 11.0% but not more than 12.0%

| more than 12.0% but not more than 13.0%

| more than 13.0%

:'''NOTE:''' A claimant who does not qualify at the time of their 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.  

A substantial reduction in the hours of work (for example, from full time to one day a week or less) does '''not''' meet the definition of interruption of earnings for regular benefits. 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.  

An employer who completes a paper form must provide an employee with a Record of Employment (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 claimant disagrees with statements in the ROE, they can ask the employer to correct them. The claimant should also bring the errors to the Commission's attention at the time of 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 [[Benefit Period of Employment Insurance (8:V)#B. Antedating | Section V.B: Antedating]]) for up to four weeks following the week of the interruption of earnings. If the claimant delays longer than this, they may lose benefits unless they are able to show “good cause” for the delay. Because of this, if a claimant cannot get a ROE immediately, they should still go to 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. If the Claimant is unsuccessful the Commission will contact the employer if the record is not completed on time. If necessary, a claimant may prove their employment history and insurable earnings by filing an application supported bypay slips and cheque stubs, etc.  

:'''NOTE:''' Applications may be filed online through the ESDC web site. Applicants filing online must still submit their ROE(s) by mail or in person. If the claimant’s ROE has a “W” or “S” serial number, their employer has provided ROE electronically to the local office and the claimant is not 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 Service Canada.