Types of Employment Insurance Benefits (8:IV)

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 1, 2023.

A. Regular Benefits

EI benefits are calculated using your highest weeks of earnings over the qualifying period (EI Act, s. 14(4)). This applies to both regular and special benefits.

Regular EI benefits are payable during the benefit period to a claimant who:

• was employed in insurable employment;
• lost their job through no fault of their own;
• has had an interruption of earnings from employment;
• has worked the required number of insurable employment hours during the qualifying period;
• is ready, willing, and capable of working each day;
• has made “reasonable and customary efforts” to find employment; and
• is unable to find suitable employment.

The maximum number of weeks of regular benefits available to a claimant varies according to the claimant’s hours of insurable employment in the qualifying period and the regional rate of unemployment. See Schedule I and s. 12(2) of the EI Act.

B. Special Benefits

Special benefits are available in special circumstances where the claimant has not lost their employment. Under the EI Act, self-employed Canadians and permanent residents – those who work for themselves – are able to apply for EI special benefits if they are registered for access to the EI program.

A claimant requires 600 hours of insurable employment to qualify for special benefits.

There are six types of EI special benefits: maternity, parental, sickness, family caregiver benefit for children, family caregiver benefit for adults, and compassionate care (s. 12(3)). More than one type of special benefit can be claimed within one benefit period. Similarly, special and regular benefits claims can be combined. However, s. 12(6) sets out the maximum for such a combination.

If a claimant has not collected any regular benefits and is just combining different special benefits to which they are entitled, the maximum number of weeks the claimant can collect is the combined maximum for each of the special benefits they are collecting. To ensure they have time to collect all these combined weeks, their benefit period will also be extended to the combined maximum number of weeks of special benefits they can collect.

If the claimant has collected regular benefits but is also entitled to collect special benefits during their benefit period, then the claimant can combine weeks of benefits, but the maximum number of combined weeks cannot be higher than 50.

C. Sickness Benefits

1. Entitlement

A person who becomes incapable of work by reason of illness, injury, or quarantine may receive sickness benefits (EI Act, s. 21). This normally requires that the claimant obtain a medical certificate completed by a doctor or medical practitioner stating the expected duration of incapacity (EI Regulations, s. 40(1)). The claimant must also show that they would have been available to work if they had not fallen ill, gotten injured, or placed in quarantine. The illness, injury, or quarantine must be that of the claimant personally.

The number of weeks of benefits you could receive depends on the date your claim begins:

• before December 18, 2022: up to 15 weeks
• on or after December 18, 2022: up to 26 weeks

2. Illness, Injury or Quarantine

Sickness benefits are only available for any “illness, injury, or quarantine that renders a claimant incapable of performing the duties of their regular or usual employment or of other suitable employment” (EI Regulations, s. 40(4)). The onus is on the claimant to prove entitlement. A medical certificate is usually required, and the Commission may also require a claimant to undergo a medical examination at their direction pursuant to s. 40(2) of the EI Regulations. In such situations, the Commission must pay travel and other expenses for the examination (EI Regulation, s. 40(3)).

Note: For more information on claiming sickness benefits, please refer to the ESDC website.

D. Compassionate Care Benefits

Compassionate Care Benefits allow an eligible claimant to receive income support while absent from work to provide care or support for a family member with a serious medical condition and a significant risk of death within 26 weeks. The benefits for compassionate care must be claimed within a 52 week period. This 52 week window during which 26 weeks of compassionate care benefits may be payable is determined by the issuance of a medical certificate.

Unemployed persons on EI can also apply for this type of benefit.

To be eligible for Compassionate Care Benefits, a claimant must show that:

• their regular weekly earnings from work have decreased by more than 40% for at least one week because they need to take time away from work to provide care or support to the person; and
• they have accumulated at least 600 insured hours of work in the 52 weeks before the start

of their claim, or since the start of their last claim, whichever is shorter.

A family member includes immediate family as well as other relatives and individuals considered to be like family, whether or not related by marriage, common-law partnership, or any legal parent child relationship. The claimant needs to demonstrate that they are a family member of the person who is needing end-of-life care, or they are considered to be like a family member. If they are not a family member, either the person needing care or their legal representative must complete an attestation form to confirm that they consider the claimant to be like family. For a child, the parent or legal guardian must sign the form to confirm.

To establish a claim for compassionate care benefits, medical proof is required. This includes an Authorization to Release Medical Certificate form signed by the ill person or their legal representative and a Medical Certificate for Employment Insurance Compassionate Care Benefits form signed by the medical doctor.

1. Sharing Compassionate Care Benefits

The 26 weeks of compassionate care benefits in relation to a seriously ill family member can be shared by one or more claimants, and the weeks are to be divided as agreed to by those claimants (EI Act, s. 23.1(8)).

There is still a one-week waiting period before benefits can be claimed. However, if the benefit is to be shared with other family members, only the first family member to claim the compassionate care benefit has to serve the one-week waiting period.

Note: For more information on claiming compassionate care benefits, please refer to the ESDC website.

E. Family Caregiver Benefit for Children

Eligible family members who take leave from work to provide care or support to a child with a life threatening illness or injury can receive up to 35 weeks of benefits. The benefits must be collected in the 52-week window beginning on the day a medical certificate is issued showing that the child is critically ill or, if the claim is made before the certificate is issued, from the date a specialist medical doctor certifies that the child is critically ill or injured. The child must be under the age of 18 at the time of the beginning of the benefits window – if the child turns 18 at any time during the benefits window besides the beginning, the claimant will remain eligible to claim the benefits.

As with other special benefits, the claimant must have an interruption of earnings (for special benefits, a greater than 40% reduction in earnings) and have 600 hours in their qualifying period.

These benefits are not available to family members of a child with a chronic illness or condition that is their normal state of health. There must be a significant change from the child’s normal or baseline state of health at the time they are assessed by a specialist medical doctor.

These benefits can be shared between eligible family members. Eligible family members can claim for these benefits at the same time or at different times, as long as the sum of the weeks claimed does not exceed the 35 weeks.

Note: For more information on claiming Family Caregiver Benefits for Children, please refer to the ESDC website.

F. Family Caregiver Benefit for Adults

Eligible family members who take leave from work to provide care or support to an adult family member with a life-threatening illness or injury can receive up to 15 weeks of benefits. The benefits must be collected in the 52-week window beginning on the day a medical certificate is issued showing that the adult is critically ill or, if the claim is made before the certificate is issued, from the date a specialist medical doctor certifies that the adult is critically ill or injured. The adult must be over the age of 18 at the time of the beginning of the benefits window.

As with other special benefits, the claimant must have an interruption of earnings (for special benefits, a greater than 40% reduction in earnings) and have 600 hours in their qualifying period.

These benefits are not available to family members of an adult with a chronic illness or condition that is their normal state of health. There must be a significant change from the adult’s normal or baseline state of health at the time they are assessed by a specialist medical doctor.

These benefits can be shared between more than one eligible family member. Family members can claim for these benefits at the same time or at different times, as long as the sum of the weeks claimed does not exceed the 15 weeks.

Note: For more information on claiming these benefits, please refer to the ESDC website.

G. Maternity Benefits

Maternity benefits are available to a person who is away from work because they are pregnant or have recently given birth. Maternity benefits cannot be shared between parents. The person receiving maternity benefits may also be entitled to parental benefits. Like sickness benefits, pregnancy and parental benefits can be distinguished from regular EI benefits, because they are paid even though the applicant is not available for work.

1. Entitlement

A claimant for maternity benefits must:

a) have 600 hours in their qualifying period;

b) have an interruption of earnings; and

c) provide evidence/proof of pregnancy.

Note: Pursuant to s. 40(5) of the EI Regulations, a claimant who terminates their pregnancy within the first 19 weeks is entitled to collect sickness benefits.

2. Benefit Period and Duration

Benefits can only be paid for a maximum of 15 consecutive weeks. The period can start no more than 12 weeks before the week when the claimant’s due date is expected or the week when the birth actually occurs, whichever is earliest (EI Act, s. 22(2)).

Benefits must be collected within 17 weeks after the birth or due date, whichever is later. If the child born from the pregnancy is hospitalized, the benefit period shall be extended by the number of weeks during which the child is hospitalized (EI Act, s. 22(6)). However, benefits may last no longer than 15 weeks total, even if extensions have been granted. As with claims for regular benefits, there is a one-week waiting period after the claim is made before benefits become payable.

3. Pregnancy Benefit Rate

The pregnancy benefit rate is the same as the regular benefit rate. However, no proof of availability is necessary. For a comprehensive list of what is and is not regarded as earnings, see s. 35 of the EI Regulations. See also Section VI.C: Effect of Earnings.

Note: For more information on claiming maternity benefits, please refer to the ESDC website.

H. Parental Benefits

Parental benefits are available to the parents of a newborn or newly adopted child. There are two options available to parents: They may choose to get 55% of their wages for 40 weeks (standard parental), or they may choose to receive 33% of their wages for up to 69 weeks (extended parental). These benefits are available to any parent, including adoptive parents, who experience an interruption of earnings to care for their new child. However, birth mothers can collect parental benefits in addition to their maternity benefits.

Should parents elect to receive benefits for up to 40 weeks, parents can share the 40 weeks of benefits between them. However, each parent cannot individually claim more than 35 weeks. For example, if one parent claims 35 weeks of benefits, then the other parent may claim a maximum of 5 weeks.

Should parents elect to receive benefits for up to 69 weeks, parents can share the total benefit between them as they choose. However, no parent may receive more than 61 weeks of benefits individually.

In either case, only parents who are eligible claimants can qualify. In other words, each parent must qualify individually, and one parent cannot qualify on behalf of the other.

Although you don’t have to take weeks of parental benefits consecutively, you must take them within specific periods, starting the week of your child’s date of birth or the week your child is placed with you for the purpose of adoption. These periods are:

• standard parental: within 52 weeks (12 months)
• extended parental: within 78 weeks (18 months)

I. Provisions for Low-Income Families

If your annual net family income does not exceed $25,921, you have children, and either you or your spouse receives the Canada Child Benefit, you are classified as a member of a low-income family and are eligible to receive the family supplement. The family supplement has the potential to enhance your benefit rate, potentially raising your benefit rate to a maximum of 80% of your average insurable earnings.

It is important to note that if both you and your spouse claim EI benefits simultaneously, only one of you can receive the family supplement.

J. Employment (Training) Benefits

The EI budget includes discretionary funding for retraining. Eligibility for these benefits is determined by the criteria in s. 58 of the EI Regulations, and includes anyone whose benefit period ended within the last 60 months (see s. 76.11 of the EI Regulations).

To reduce the dependency on unemployment benefits, the EI Act establishes employment benefits and support measures to help individuals obtain or keep employment. This includes benefits to encourage employers to hire them, encourage them to accept employment by offering incentives such as temporary earnings supplements, help them start businesses or become self-employed, provide them with employment opportunities through which they can gain work experience to improve their long-term employment prospects, and to help them obtain skills for employment (EI Act, s. 59).

Once a claimant is referred to a course or program of instruction, they are deemed to be unemployed, capable of and available for work for the duration of their participation in the course or program of instruction (EI Act, s. 25). This is an exception to the general rule set out in the sections dealing with capability, availability, and the state of being unemployed.

© Copyright 2023, The Greater Vancouver Law Students' Legal Advice Society.