What are my rights?
Imagine that one day — through an unfortunate twist of fate — you find yourself out of work. Maybe you get laid off as a result of your employer downsizing. Or maybe you suffer a serious injury that keeps you in bed for several months. This is where the employment insurance program comes in. Learn about EI benefits, and how to apply.
What you should know
“When my internship ended, I worried I wouldn’t have any income while I searched for a new job. After a couple weeks without any job offers, I decided to apply for EI. I collected payments for about six weeks before starting work at a new company. The payments really took the stress off, and I’m not sure what I would have done if I hadn’t applied.”
– Betty, Victoria, BC
Employment insurance benefits are temporary payments made to people who lose their job through no fault of their own. EI, as it’s often called, also offers help if you can’t work because of illness or injury. And it provides benefits for people who take time off work to have or parent a child, or to care for family members who are ill or injured.
EI regular benefits are temporary payments made to those who lose their job through no fault of their own.
To qualify, you must:
in the last 52 weeks, have worked a minimum number of hours in work covered by the EI program, based on the unemployment rate in your area
have lost your job through no fault of your own (for example, if you were fired for misconduct or you chose to quit when you had other options, you wouldn’t qualify for EI)
have gone seven straight days without work or pay from a particular employer
There are more requirements. Here are the details.
If you qualify, you receive 55% of your pay, up to a weekly maximum.
The benefits last for up to 45 weeks, depending on how many hours you worked in the last 52 weeks and where you live in BC. This chart shows benefit periods by hours worked and region.
Extending the qualifying period
The qualifying period can be extended from the last 52 weeks up to 104 weeks if you couldn’t work for certain reasons. Examples include being ill, injured, or pregnant. A longer qualifying period helps if you haven’t worked enough hours in the normal qualifying period.
Certain actions make you ineligible for EI
You may not be eligible for EI regular benefits if you:
chose to leave your job when you had other options
were dismissed for misconduct
are unemployed because you are directly participating in a labour dispute (for example, a strike or lockout)
lost your job because you didn't comply with your employer's COVID vaccination policy
are in jail, a penitentiary, or a similar institution
You may be eligible for other benefits
If you aren’t eligible for regular EI benefits, try the federal government’s benefits finder to discover other benefits you might apply for.
In addition to regular benefits, there are other types of EI benefits available. These are:
Maternity and parental benefits, for people who can’t work because they are pregnant, recently had a baby, are adopting a child, or are caring for a baby.
Sickness benefits, for people who can’t work because they’re ill, injured or quarantined.
Family caregiver benefits, for people who can’t work because they’ve stepped away to care for or support a critically ill or injured family member.
Compassionate care benefits, for people who can’t work because they’ve stepped away to care for or support a family member who is gravely ill with a significant risk of death within six months.
Benefits for parents of critically ill children, for eligible parents who take time off work to care for their critically ill or injured child.
Fishing benefits, for self-employed fishers who are actively seeking work.
The Service Canada website explains who qualifies for these benefits, and how to apply.
The legal definition of "family member" is broad
For EI family caregiver and compassionate care benefits, a family member includes immediate family as well as other relatives and individuals considered to be like family, whether they’re related or not.
The amount of employment insurance you receive is determined by the type of EI benefit, how much you’ve been earning, and where you live. For most people, the basic rate for calculating EI regular benefits is 55% of your pay, up to a maximum amount. See the federal government website for the current maximum amount.
In calculating your EI benefits, the government considers your gross earnings (before deductions), including tips and commissions. EI benefits are taxable income, so taxes are deducted.
EI benefits are based on your highest weeks of earnings over the qualifying period (usually 52 weeks). The number of “best weeks” considered in the calculation ranges from 14 to 22 weeks, depending on the unemployment rate in your region.
You can get more if you are in a low-income family or otherwise qualify for a family supplement.
Your benefits may be reduced if you earn certain income
Your EI benefits may be reduced if you earn other types of income during your benefit period. These include:
Pension income from the Canada Pension Plan or a provincial pension plan.
Pension income from employment (unless you’ve worked at another job long enough, after the pension starts, to qualify for EI).
“Callback pay,” which is money your employer pays you to come back to work after your scheduled shift has ended.
Other types of income won’t lower your EI benefits
You can earn other types of income without having your EI benefits reduced. These include:
Pension income from an RRSP or RRIF.
The Old Age Security pension.
Survivor or dependent benefits.
How income sources affect your EI benefits
To see a full list of income sources and how they may affect your EI benefits, check out this earnings chart.
Landing part-time work doesn’t cut off your EI payments. Under the working while on claim rules, you keep 50 cents of EI benefits for every dollar you earn in wages, up to a maximum amount.
You must report any income you earn while you’re receiving EI. You need to submit your report and declare your earnings online each week.
You can’t work full-time while getting EI benefits.
Apply for EI benefits
Before applying for employment insurance benefits, collect all the documents and information you’ll need. These include:
your social insurance number
your personal identification (for example, your driver’s licence or passport)
your bank information for direct deposit
details of your most recent employment (including your salary and other benefits)
your detailed version of the circumstances of your leaving your job
your record of employment (ROE)
Your ROE is a document that proves you were employed. Your employer can issue your ROE electronically or in paper form. Ask your employer which method they will use. If it’s electronic, you don’t need a copy; your employer will send it directly to Service Canada. If it’s a paper ROE, ask for a copy as soon as your job ends. You will need an ROE from each employer you worked for in the previous 52 weeks.
If your employer doesn’t give you your ROE
If for some reason your employer doesn’t issue your ROE, go to your local Service Canada office for help. There you can fill out a form explaining how you tried to get the ROE. You’ll also have to provide proof of your employment (for example, a pay stub or T4 slip).
You should apply for EI benefits as soon as you stop working. You can apply for benefits even if you receive money when you leave your job, and even if you have not yet received your record of employment. If you delay applying for more than four weeks after your last day of work, you may lose benefits.
Due to the coronavirus pandemic, all applications for EI must be made online. (Here's the application form.) If you don’t have internet access at home, you can apply at a public internet access site, like a library.
If your application for EI benefits is approved, there may be a one-week waiting period for which you will not be paid.
If your application is denied, Service Canada will contact you by letter or phone to explain why. If you disagree with the decision, you have the right to ask for a reconsideration.
You must submit a bi-weekly report
While you are receiving EI benefits, you must submit a report every two weeks. You can submit your report online using the government’s internet reporting service, by phone using their telephone reporting service at 1-800-531-7555, or by filling out and submitting a paper copy.
If your application for EI benefits is denied, your first step to challenge the decision is to request a reconsideration. There is no cost to do this. You must submit your request to Service Canada within 30 days from when the decision was sent to you. If you miss the deadline, you must provide a reason why.
To request a reconsideration, fill out the online request for reconsideration form. Once you’ve filled it out, print, sign and mail the form to your regional Service Canada office noted on the form.
If you disagree with the decision made on your request for reconsideration, you can appeal to the Social Security Tribunal. This is a body similar to a court. It hears appeals on pensions and benefits provided by the federal government.
The tribunal will consider your appeal. They may hold a hearing, which could happen by teleconference, in person, or in writing. The tribunal will make a decision on your appeal and send you the decision in writing.
If you disagree with the tribunal’s decision on your appeal, you can ask for “leave” (permission) to make a further appeal to the appeal division of the Social Security Tribunal.
In part, yes. You can't get EI regular benefits. But self-employed workers can get EI special benefits in some cases. To be eligible, you must:
be a Canadian citizen or permanent resident, and
register with the government (by signing an agreement), and
operate your own business, or work for a corporation but control more than 40% of the voting shares, and
wait 12 months after registering.
There are six types of EI special benefits available to self-employed workers. The Service Canada website describes them in detail, and has instructions on how to apply.
It depends. If you voluntarily quit your job “without just cause,” you are not eligible for EI regular benefits. What could amount to “just cause” to quit? Some examples include:
you experienced sexual or other harassment
you experienced discrimination
your working conditions were unsafe
your employer wasn’t paying you the wages you were legally owed
your employer made major changes to your work duties
The EI program outlines circumstances that can amount to "just cause" to quit.
When you apply for EI, you must show that quitting your job was the only reasonable alternative in your case, considering all the circumstances. In other words, you took all the necessary steps to avoid being unemployed. For example, if your boss isn’t paying you on time, you’ll need to show how you tried to fix the problem — such as by talking to your boss or someone else in management. (We offer tips for talking with your employer.)
You can get regular EI benefits for a period of up to 45 weeks. The exact period depends on the unemployment rate in your region, and the number of insurable hours you worked in the qualifying period. See this chart.
In some circumstances, you can leave Canada and still receive employment insurance benefits.
Your EI benefits won’t be interrupted if you’re outside of Canada for up to seven consecutive days to do one of the following:
Attend the funeral of a member of your immediate family or a close relative.
Accompany a member of your immediate family to a medical facility, if the treatment isn’t available where they live in Canada.
Visit a member of your immediate family who is seriously ill or injured.
Attend a job interview.
You can also be outside of Canada for up to 14 days in a row if you’re looking for a job.
If you misreport you may have to pay a penalty
While you’re away, the government may compare your EI reports with data from the Canada Border Services Agency. If they find you’ve been misreporting the amount of time you’ve been abroad, you may have to pay a penalty.
Typically, if you work outside of Canada for a Canadian company or the Canadian government, you’re eligible for EI benefits. However, you can’t collect EI benefits if your job is covered by a similar program in the country you’re working in.
If you live outside Canada, you may be eligible for some types of EI in certain cases. As well, you may be eligible if you live in Canada or the US and regularly cross the Canada/US border between your home and workplace.
See the Service Canada website for more on EI for workers and residents outside of Canada.