Who is Eligible for Employment Insurance (EI)

Neufeld Legal P.C. can be reached by telephone at 403-400-4092 / 905-616-8864 or email Chris@NeufeldLegal.com

For a Canadian employee to receive EI or Employment Insurance Regular benefits, the employee must be able to demonstrate to the federal employment insurance authorities that the individual:

- was employed in insurable employment, which includes most employment in Canada under a contract of service

- lost their job through no fault of their own (i.e., fired/terminated without cause, voluntarily leaving/quitting for cause, permanently laid off as part of a corporate restructuring, job loss created by flooding or wildfires)

- have been without work and without pay for at least 7 consecutive days in the last 52 weeks

- have worked for the required number of insurable employment hours in the last 52 weeks or since the start of their last EI claim, whichever is shorter

- are ready, willing and capable of working each day

- are actively looking for work (the individual must keep a written record of employers contacted, including when they were contacted)

To prove eligibility and to receive payments that the impacted individual may be entitled to, they are required to complete bi-weekly reports by internet or telephone. Failure to do so can mean a loss of benefits. Specific work situations may have distinct eligibility requirements that need to be considered and reviewed, including farmers, fishermen, teachers, Canadian Forces members, self-employed people (EI special benefits only), and workers and residents outside of Canada.

There are also various situations that can result in a denial of eligibility for EI, although given that these are broad generalizations, with the actual specifics being found in the federal Employment Insurance Act and its legal interpretation and application, legal consultation is advisable both in relation to EI eligibility and related legal considerations, pursued as early as possible, with scenarios for possible denial including:

- if an employee voluntarily leaves their job without just cause

- if an employee is dismissed for misconduct

- if an employee is unemployed because they are directly participating in a labour dispute (for example, a strike, lockout or other type of conflict)

- during a period of leave that compensates for a period in which the employee worked under an agreement with their employer, more hours than are normally worked in full-time employment

The impacted employee needs to work enough hours to be eligible for EI, which is based on the unemployment rate in the impacted employee’s geographic area. This can range between 420 and 700 hours of insurable employment during the qualifying period to qualify for EI regular benefits. The qualifying period is the shorter of:

- the 52-week period immediately before the start date of the impacted employee’s claim, or

- the period from the start of a previous benefit period to the start of the impacted employee’s new benefit period, if the impacted employee applied for benefits earlier and their application was approved in the last 52 weeks

An exception does exist in certain cases, such that the qualifying period may be extended to a maximum of 104 weeks if the impacted employee wasn’t employed in insurable employment or if the impacted employee wasn’t receiving EI benefits.

Meanwhile, the unemployment rate in the impacted employee’s geographic area determines how many hours they need to qualify. The federal government provides an online tool to look up one’s EI Economic Region by Postal Code to find out the unemployment rate in an individual’s geographic region and the number of hours to qualify for EI regular benefits. It should also be noted that where an employee has received a notice of violation regarding prior EI benefit periods, the number of insurable hours required to qualify for EI regular benefits is increased.

The legal parameters for employment insurance eligibility tends to be far greater than most people recognize, with the government actually dissuading many employees who are out of work from seeking EI, especially those who have quit their job or whose former employer claims to have fired them for cause, such that it is particularly important for those employees to contact a knowledgeable lawyer as soon as possible (and as we discuss elsewhere, for employees considering quitting their job, the optimal time to speak with a lawyer is in advance of quitting one's job). Furthermore, there may well be other payments due to yourself that you haven't considered when you lose / depart your job, such that legal advice is strongly recommended. For a free consultation regarding your post-employment situation, contact our law firm in strict confidence, by telephone at 403-400-4092 or 905-616-8864, or via email at Chris@NeufeldLegal.com.


Breaking-down EI - Employment Insurance:

What is Employment Insurance - EI

Who is Eligible for EI - Employment Insurance

What is Suitable Employent for purposes of EI - Employment Insurance

What is a Reasonable Job Search for purposes of EI - Employment Insurance

Quitting & Seeking EI - Importance of Advance Legal Consultation

Quitting for Cause and EI - Employment Insurance

Don't leave behind earned money that you are legally entitled to, just because you are looking for a new job.
To learn more, contact our law firm at Chris@NeufeldLegal.com or 403-400-4092 / 905-616-8864.		  

IMPORTANT NOTE: This website is designed for general informational purposes. The site is not designed to answer specific questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as substitute for individual legal advice. If you want specific legal advice, you need to engage a lawyer under established legal engagement procedures that have been specifically agreed to by that lawyer.