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Who is eligible? Working while on EI Who is eligible?Regular benefits can be paid if you lose your job through no fault of your own, for example, due to shortage of work, seasonal or mass lay-offs and you are available for and able to work but you can’t find a job. To be eligible for regular benefits you must show that:
Qualifying periodThe qualifying period is the shorter of :
Only the insurable hours that fall within the qualifying period are used to start a benefit period. However, the qualifying period may be extended up to 104 weeks if you were not employed in insurable employment and not receiving EI because you were:
If one of these reasons applies to you, it is your responsibility to request the extension of your qualifying period and to provide all supporting documents. Maybe your old EI claim just needs to be reactivatedIf you filed a claim for benefits within the last 52 weeks, you may be able to reactivate this claim. To reactivate your claim, please submit an application on-line 24 hours a day, 7 days a week, anywhere you have Internet access, or during business hours at your Service Canada Centre. To know more... How, where and when to applyTo receive regular benefits you must submit an EI application on-line or in person at your Service Canada Centre, even if you receive or will receive money when you become unemployed. You must request your Record of Employment (ROE) from your last employer. If you have your ROE from your last employer, apply immediately. If you did not receive your last ROE within 14 days of your last day of work, submit your application as soon as the 14 days are over, along with proof of employment, for example, pay stubs. If one or more ROE covering periods prior to your last employment are missing, you must still submit your claim for benefits. If getting your ROE is a problem, your Service Canada Centre can help you. You will have to fill out a form "Request for Record of Employment" explaining what efforts you have made to obtain it. You will have to provide proof of your employment —such as: pay stubs, cancelled pay cheques, T4 slip, work schedules. If possible, we will use the proof to calculate your claim. Delaying in filing your claim for benefits beyond 4 weeks after your last day of work may cause loss of benefits. What information/documents are needed to apply?
Number of hours of work required to qualifyMost people will need between 420 and 700 insurable hours of work in their qualifying period to qualify, depending on the unemployment rate in their region at the time of filing their claim for benefits. To find out this number... In some instances, a minimum of 910 hours in the qualifying period may be needed to qualify. For examples :
Particular situations: Effective December 11, 2005, if you are living in one of the 23 participating economic regions, you could qualify for regular benefits with a minimum of 840 hours instead of 910 hours. To know more... When you show that you have at least 490 hours related to employment in the labour force during the labour force attachment period you will need between 420 and 700 insurable hours to qualify for regular benefits. Otherwise, you will need a minimum of 910 hours to qualify regular benefits. See examples 1 and 2... Labour force attachment periodThe labour force attachment period is the 52-week period preceding immediately the qualifying period. In calculating the number of hours during which a person was a member of the labour force, we take into account :
You submitted a claim for benefits on December 20, 2004. You have no previous violations. You have accumulated 810 insurable hours between February 16, 2004 and December 18, 2004. You have been working sporadically between December 22, 2002 and December 20, 2003 and have accumulated 310 insurable hours. You have received worker's compensation payments for 6 weeks, from May 18 to June 28, 2003 which counts as 6 weeks X 35 hours = 210 hours. At the time of filing your claim for benefits, the unemployment rate is 6,8%, therefore, 665 insurable hours are required during the qualifying period to qualify for regular benefits. During the labour force attachment period from December 22, 2002 and December 20, 2003 you have accumulated 520 hours related to employment activities of the labour force, thus 310 hours + 210 hours. During the qualifying period from December 21, 2003 to December 18, 2004 you have accumulated 810 insurable hours. As you show that you have at least 490 hours related to employment in the labour force during the labour force attachment period, you qualify for regular benefits. In this example, you needed 665 insurable hours and you have accumulated 810 insurable hours during the qualifying period. You submitted a claim for benefits on December 20, 2004. You have no previous violations. You are in the work force for the first time and you have accumulated 778 insurable hours between February 16 2004 and December 18, 2004. Between December 22, 2002 and December 20, 2003 you have not worked, nor received any EI benefits and you have no hours related to employment activities in the labour force. During the labour force attachment period from December 22, 2002 to December 20, 2003 you have no hours related to employment activities of the labour force. During the qualifying period from December 21, 2003 to December 18, 2004 you have accumulated 778 insurable hours. As you do not show that you have at least 490 hours related to employment in the labour force during the labour force attachment period, you need a minimum of 910 insurable hours to qualify for regular benefits. However, you could qualify for maternity, parental and sickness benefits...
When will you receive your first payment?If we have all the required information and if you can be paid benefits, your payment will be issued usually within 28 days from the date of filing your claim. If you cannot be paid benefits, we will notify you of the decision made on your claim. A 2-week waiting period to serveYou must serve a 2-week unpaid waiting period before your EI benefits begin to be paid. Generally, this period is the first 2 weeks of your claim. This is like a deductible for any kind of insurance. On the other hand, if you reopen a claim for benefits in which you have already served a 2-week waiting period, you do not serve another 2-week waiting period. Earnings made, for example, vacation pay, severance pay or allocated during the 2-week waiting period will be deducted in the first 3 weeks for which benefit is otherwise payable following the waiting period. See example 1... These weeks do not need to be consecutive nor to follow immediately the waiting period. Once these 3 weeks payable have passed, if some earnings from waiting period still remain, they will just be ignored. See example 2... Earnings allocated to any week of the waiting period result in a dollar for dollar deduction equal to your weekly benefit rate. This means that the maximum deduction for the 2-week waiting period is twice your weekly benefit rate. Each working day for which you are not entitled to benefits that fall within the 2-week waiting period is calculated at 1/5 of your weekly benefit rate, as earnings to be deducted in the first 3 weeks during which benefits become payable. For example, your weekly benefit rate is $250 and in the first week of your waiting period you are not entitled to benefits for 2 days. We calculate 2/5 of $250.00 or — $250 ÷ 5 x 2 = $100.00 — as earnings during the waiting period. A combination of earnings and days for which you are not entitled to benefits, that falls within the waiting period, can be deducted at the same time. See example 3... Example 1 – Earnings affecting 1st week payable Claim starts January 2, 2005 The total amount to be deducted as earnings from the waiting period is $195 Payment for the week of January 16, 2005 is $105, meaning $300 - $195. Example 2 – Remaining earnings ignored after the first 3 weeks payable Claim starts on January 2, 2005 The total amount to be deducted as earnings from the waiting period is $745, thus $395 + $350 The 1st week payable is January 16, 2005: The 2nd week payable is January 23, 2005: The 3rd week payable is January 30, 2005: The 4th week payable isFebruary 6: Payment for the week of February 6, 2005 is $400. Example 3 – Combination of earnings and days not entitled to benefits Claim starts January 2, 2005 The total amount to be deducted as earnings from the waiting period is $375, meaning $195 + $180 The 1st week payable is January 16, 2005, only $300 is deducted since the deduction cannot exceed the weekly benefit rate The remaining earnings of $75 is deducted in the 2nd week payable of January 23, 2005 Payment for the week of January 23, 2005 is $225, meaning $300 - $75. How long can regular benefits be paid?Regular benefits can be paid from 14 to a maximum of 45 weeks. The number of weeks of benefits which may be paid are determined at the start date of the benefit period, based on the unemployment rate in your region and the amount of insurable hours you have accumulated in the qualifying period. Please note that the number of weeks of benefits which may be paid does not change even if you move in another region after the start date of your claim. A pilot project on increased weeks of EI benefits started on June 6, 2004. See if that pilot project applies to you... The period of time in which you can claim the weeks you are eligible is 52 weeks. This period ends when the first of the followings occurs :
The duration of the benefit period may be extended up to 104 weeks, but the number of weeks of benefits which may be paid will remain unchanged. Therefore, the benefit period may be extended if you were not paid EI benefits during a benefit period because you were :
If one of these reasons applies to you, it is your responsibility to request the extension of your benefit period and to provide all supporting documents. Please note that if you are a working woman who receives or will receive both EI benefits and preventive withdrawal, your benefit period might not be extended. Learn how to avoid that situation and receive full maternity and parental benefits...
In order to get paid...Shortly after applying for EI, you will receive a Benefit statement in the mail indicating your Access code and the date your first claimant's report is due. Keep in mind that this does not mean that a decision has been made yet on your claim. Along with your Benefit statement you will also receive instructions on how to complete your report with our Internet reporting service or our automated telephone reporting service. If you cannot complete your claimant's reports by Internet or by telephone, you will need to complete and mail them to us. To find out how to complete your report by mail, just follow these step-by-step instructions. How much will you receive?The basic benefit rate is 55% of your average insured earnings up to a maximum amount of $413 per week. Your EI payment is a taxable income, meaning federal and provincial or territorial — if it applies — taxes will be deducted. You could receive a higher benefit rate if you are in a low-income family — net income up to a maximum of $25,921 per year — with children and you or your spouse receive the Canada Child Tax Benefit (CCTB) . You are then entitled to the Family Supplement. How we calculate the amount you will receiveThe amount of your weekly benefit payment depends on your total earnings before deductions including tips and commissions, in the last 26 weeks, and is calculated in the following manner:
Example A In the last 26 weeks you worked for 26 weeks and earned a total of $10,400. You live in an area where the unemployment rate is 13.1%; so the divisor is 14. To determine your average weekly earnings, we calculate $10,400 ÷ 26 = $400. We use the number of weeks worked as it is greater than the divisor. To determine your weekly benefit rate, we calculate 55% of $400 = $220. Example B In the last 26 weeks you worked for 12 weeks and earned a total of $3,600. You live in an area where the unemployment rate is 13.1%; so the divisor is 14. To determine your average weekly earnings, we calculate $3,600 ÷ 14 = $257. We use the minimum divisor as it is greater than the number of weeks worked. To determine your weekly benefit rate, we calculate 55% of $257 = $141. Example C In the last 26 weeks you worked for 17 weeks and earned a total of $5,100. You live in an area where the unemployment rate is 11.5%; so the divisor is 16. To determine your average weekly earnings, we calculate $5,100 ÷ 17 = $300. We use the number of weeks worked as it is greater than the divisor. To determine your weekly benefit rate, we calculate 55% of $300 = $165. Particular situations... If you have earned less than $225 a week, small weeks, any time during the last 26 weeks of work, it may be possible for us, under certain conditions, to exclude earnings from small weeks in the calculation of your benefit rate. To find out how the exclusion of small weeks works... Calculation of the weekly benefit rate based on the best 14 weeksEffective October 30, 2005, if you are living in one of the 23 participating economic regions you may take advantage of a new method of calculation of your weekly benefit rate. This new method of calculation is based on the best 14 weeks of insurable earnings over the last 52 weeks of work. To know more... Working while on EIYou can't work full time and receive EI benefits. However, you can work part-time while you are receiving regular benefits. You can earn $50 per week or 25% of your weekly benefits, whichever is higher. Any monies earned above that amount will be deducted dollar for dollar from your benefits. However, effective December 11, 2005, if you are living in one of the 23 participating economic regions, the amount you can earn while working part-time and receiving EI benefits is the greater of $75 or 40 % of weekly benefits. To know more... You must report any earnings you make while collecting regular benefits. Tip: Use the reporting calendar — PDF 11 kb — to keep track of your earnings and hours worked. About PDF Files. Various types of earningsEarnings paid or payable by your employer at the end of your employment or while you are receiving benefits, generally affect payment of your benefits. To know more... Quitting your jobIf you voluntarily quit your job without just cause, you will not be paid regular benefits. After quitting a job, you must work the minimum number of insurable hours required to get regular benefits. However, you may still be paid maternity, parental, sickness and compassionate care benefits as long as you qualify for these benefits. To know more... Being fired for misconductIf you are fired due to your own misconduct, you will not be paid regular benefits. After being fired for misconduct, you must work the minimum number of insurable hours required to get regular benefits. However, you may still be paid maternity, parental, sickness and compassionate care benefits as long as you qualify for these benefits. To know more... Corporate downsizingWhen enterprises reduce permanently the size of their work force, EI will help them and their employees get through the process. If your employer is downsizing and offers you the opportunity to quit your job in order to protect another person’s job, you can leave your job without penalty. However, the company must show that the layoff is permanent and that your departure protects another person’s job. When faced with downsizing it is best to first consult with an EI officer to ensure that all conditions which might affect you, are considered. Do not take anything for granted. To know more on work force reduction measures… Labour disputesIf a strike, a lockout or other form of labour dispute where you work causes you to lose your job or prevents you from going to work, you will generally not be paid EI benefits. The following conditions apply whether you are a union member or not and whether your job is part or full-time. You may, however, be eligible to receive benefits if:
If you are taking part in a labour dispute, you are not eligible for EI until :
If you had already arranged for an approved absence from work before the work stoppage started, such as sick leave, maternity leave, parental leave or authorized training, you may still be paid EI benefits. EI premiumsYou will pay premiums on all your earnings up to the annual maximum salary of $39,000. This means that deductions for year 2006 is set to $1.87 for every $100 of salary until $39,000 has been reached. The maximum contribution amount will be $729.30. Please note that the EI premium rate for 2006 for Quebec residents is set to $1.53 for every $100 of salary until $39,000 has been reached. The maximum contribution amount will be $596.70 for these individuals. To know more… There is no age limit for deducting EI premiums. In fact, if you are working in insurable employment, your employer deducts from you salary the applicable EI premiums, whatever your age. To know more on insurable employment... Regular benefits while temporarily absent from CanadaUnder most circumstances you are not allowed to receive regular benefits for any period in which you are not in Canada. However, you can receive regular benefits provided that you are available for work in Canada and that you inform your Service Canada Centre of your temporary absence in the following situations :
Immediate family: Father, mother, stepfather, stepmother, foster parent, brother, sister, stepbrother, stepsister, spouse, your child or the child of your spouse, father-in-law, mother-in-law, a dependant or a relative residing in your household or a relative with whom you permanently live with. A close relative: A grandparent, grandchild, son-in-law, daughter-in-law, brother-in-law, sister-in-law, uncle, aunt, niece and nephew. Your spouse: Person you are married to or common law partner of more than one year or less where children are present. Your rights and responsibilitiesIt is very important for you to know about your rights and responsibilities... Appealing a decisionIf you disagree with an EI related decision you have the right to appeal. Information on how to file and prepare for an appeal can be found at Serving Employment Insurance Appellants... Looking for workWhile claiming regular benefits you must be actively looking for work... |
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