Employment Insurance (EI) and Teachers

What you should know...
Non-teaching periods
What about exceptions
You need to prove that you are available for work
Maternity and parental benefits
Sickness benefits
Compassionate care benefits

More Information is available on Employment Insurance...

What you should know...

If you are in the occupation of teaching you may be paid EI benefits. However, because of contractual arrangements in the teaching profession there are some variations to the EI rules. This means that:

• If you are a teacher under a continuing contract in pre-elementary, elementary, intermediate, secondary, including technical and vocational schools, you cannot be paid regular benefits during non-teaching periods, even though you are unemployed, unless your contract ends. However, you may be paid maternity, parental; or compassionate care benefits;
• If you are a teacher above the secondary school level—at universities, community colleges and CEGEPs—the same rules for regular benefits will apply as other claimants;
• If you are a casual or substitute teacher you can be paid regular benefits during non-teaching periods.

Non-teaching periods

Non-teaching periods are periods during which no work is performed by people engaged in teaching. They generally include the summer break, Christmas and the mid-winter or spring break. A statutory holiday is not considered a non-teaching period, unless it falls within a non-teaching period.

The non-teaching periods may vary among provinces and even from one school to another within a region.

What about exceptions

When any or all the insurable hours that falls within the qualifying period have been accumulated while a person was employed in teaching, no regular benefits can be paid for any week of unemployment that falls in a non-teaching period.

However, 3 exceptions to that rule allow a teacher to be paid regular benefits. These exceptions are:

• the contract of employment for teaching has terminated;
• the employment in teaching was on a casual or substitute basis; or
• the teacher qualifies for benefits with an occupation other than teaching. 

1^st exception - Teaching contract terminated

• A contract is considered as no longer in effect on the day following the last day of the contract, as long it is not renewed or no other contract exists. Consequently, regular benefits are payable for any part of a non-teaching period until a new contract is signed or effective.
• Teacher in a repetitive 10-month contract is considered to have a termination of contract at the end of the teaching period. However, if a contract for the next teaching period is signed or agreed with the same school board prior to the termination, regular benefits cannot be paid for the non-teaching period.
  If during the non-teaching period a contract for the next teaching period is signed, regular benefits cannot be paid as of the date of the signature of the new contract.
• There is no contract termination when a teacher is either suspended or on an approved leave of absence with or without pay.
• Teachers who do not meet the 1^st exception need to satisfy the 2^nd or 3^rd exception to be paid regular benefits during a non-teaching period.

2^nd exception - Teaching employment on casual or substitute basis

• If the nature of the teaching employment in the qualifying period in on casual or substitute basis, regular benefits are payable for any part of a non-teaching period.
  Casual teaching means irregular, occasional or incidental teaching. If the employment involves filling an unexpected or temporary absence for a short period and, if the employment can be cancelled at any time, it is of a casual nature.
  Substitute teaching means the replacement of another teacher for part or all of a school year. However, when  teachers sign repetitive 10-month contracts for substitute positions with the same school board and work the full school year, regular benefits cannot be paid unless their contract is actually terminated.
• Teachers employed in teaching on a casual or a substitute basis, for any part of the qualifying period, and who, since the beginning of, or prior to, the non-teaching period signed a regular teaching contract for the following school year, are entitled to benefits during any non-teaching periods that fall within their current benefit period.
• A teacher whose employment in teaching was both regular and casual or substitute basis in the qualifying period may qualify for benefits even if there was full-time teaching in the qualifying period. For example, a teacher under a contract to work full-time from September to January of each year, worked as a substitute teacher from January to March, and on a casual and substitute basis from March to June may be paid regular benefits for a non-teaching period.

3^rd exception - Qualify for benefits with an occupation other than teaching

• A teacher who has accumulated sufficient insurable hours in the qualifying period with an other employment than teaching can be paid regular benefits during a non-teaching period.
• The benefit rate during the non-teaching period is calculated using the earnings from the other employment. However, if you become unemployed after a non-teaching periodand if you are entitled to be paid benefits, your benefit rate will be adjusted to take into account your insurable earnings from the employment in teaching.
• A teacher employed in an occupation other than teaching, during part of the qualifying period, who then signs a contract to teach on a regular part-time or full-time basis for the following school year, can still be paid regular benefits during the non-teaching periods that fall within their benefit period.

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You need to prove that you are available for work

Like any other person who claims regular benefits, to be paid benefits you must prove that you are capable of and available for work and unable to find suitable employment for any working day that falls within your benefit period, including any non-teaching period.

As a teacher, you need to show that, during a non-teaching period, you are willing and able to accept immediately any offer of suitable employment and that no restrictions exist that would limit your employment opportunities. As few teaching opportunities exist during a non-teaching period, you must be willing to consider non-teaching jobs. This means that you must show that you are actually seeking a type of work which you can reasonably hope to obtain, particularly when some non-teaching periods are spread over many weeks.

Maternity and parental benefits

Teachers can be paid maternity and parental benefits during both the teaching and non-teaching periods, as long as the requirements conditions to receive maternity or parental benefits are met.

To know more on maternity and parental benefits...

Sickness benefits

Sickness benefits can be paid during the teaching period only, including situations where the illness during the teaching period extends over to the non-teaching period, or where the illness during the non-teaching period extends over to the teaching period.

Sickness benefits are not paid to teachers during non-teaching periods unless one of the 3 exceptions is met.

To know more on sickness benefits...

Compassionate care benefits

Compassionate care benefits can be paid during both the teaching and non-teaching period, as long as the requirements conditions to receive compassionate care benefits are met. 

To know more on  compassionate care benefits...