Thursday, December 5, 2024

Can You Get EI if You Quit?

 

In case you’ve been fascinated by quitting your job without one other one lined up, you will have wondered whether you’ll have the opportunity to receive the Canadian government’s EI profit. 

The reply to this is normally no, but you could be eligible in some cases. It really is determined by why you quit and what steps you took beforehand to stop having to lead to leaving. So read on before blindly submitting your two weeks notice. 

What’s EI?

EI, or employment insurance, is a program designed to temporarily assist those which might be unemployed with their funds. It’s overseen by the Canada Employment Insurance Commission (CEIC) to assist Canadians and people legally allowed to work within the country. 

When people mention EI, they’re almost certainly referring to the regular advantages. Regular EI advantages are bi-weekly payments issued to those who lost their job for reasons that weren’t their fault (eg. workforce reduction or seasonal contract). You furthermore may have to be ready, willing, and able to work – but you only can’t discover a position in the mean time. 

There is no such thing as a set amount for the regular profit that applies to everyone. As an alternative, most individuals will receive about 55% of their average insurable weekly earnings. There may be, nonetheless, a set maximum to the profit, and as of January 2021, the utmost was $595 per week ($1,190 for bi-weekly payments or $2,380 for a 4-week month).  

The period length you possibly can receive the regular profit for also is determined by a person basis. It ranges from 14 to 45 weeks. In case you’re a seasonal employee trying to claim EI, you possibly can potentially extend your advantages for an additional 5 weeks, bringing the utmost to 50 weeks. This number is calculated using the unemployment rate in your region and the variety of insurable hours you worked inside the last 52 weeks or since your last EI claim – whichever timeframe is less. To seek out the utmost variety of weeks you’re personally entitled to, view Canada’s calculation table.  

NOTE: There could also be changes to the EI regular advantages program as a consequence of COVID-19. 

You can too get EI for reasons unrelated to being laid off. The employment insurance program also offers special advantages, including financial assistance to those that are unemployed due to maternity, paternity, sickness, family caregiving, or compassionate care.

Take into accout that EI sickness advantages only provide payments for as much as 15 weeks. In case you’re diagnosed with an illness like cancer, EI won’t be enough. So in case your employer doesn’t have any short-term or long-term disability advantages, consider purchasing disability insurance of your personal.  

Who’s eligible for EI?

Together with being unemployed, EI is just offered to Canadians and people legally allowed to work in Canada. You will need to even have a SIN and stay inside the country for the profit period (with some exceptions, equivalent to attending a funeral abroad) – so despite finally having all that free time in your hands, you won’t have the opportunity to gather EI from a beach in Cancun.

You can qualify for normal EI advantages if:

  • Your job was considered insurable employment (authorized by an employer in Canada) 
  • The rationale you lost your job wasn’t your fault (e.g. work shortage or seasonal contract)
  • Within the last 52 weeks, you haven’t been paid for at least 7 straight days
  • Within the last 52 weeks or since your last EI claim – whichever is shorter – you worked the required variety of insurable hours (between 420 and 700 hours, contingent in your region’s unemployment rate) 
  • You’re willing, ready, and able to work
  • You’re searching for a brand new job actively and are keeping a record of your search (see more below)

You can be denied regular EI advantages if:

  • You voluntarily left your job without having a just cause
  • You’re unemployed due to misconduct
  • You’re participating in a labour dispute (e.g. strike)

NOTE: There could also be changes to the EI regular advantages qualifications as a consequence of COVID-19. 

Are you able to get EI for those who quit?

The reply is yes and no. 

You’ll be able to still get advantages for maternity, paternity, sickness, and compassionate care for those who qualify for those after quitting your job. And for those who’re in a position to prove that you simply had a just cause (eg. sexual harassment, racial discrimination – see full list below) for voluntarily leaving, you may still be eligible to receive the regular EI advantages. 

In case you voluntarily leave your position without just cause, nonetheless, you won’t be granted the regular advantages. So don’t expect to gather your bi-weekly cheque within the mail for those who quit just because you were overwhelmed otherwise you dislike your boss. 

Below, we’ll cover the situations which might be recognized as voluntarily leaving for a just cause, and the way the Canadian government will determine for those who’re entitled to the regular EI profit. 

What’s voluntarily leaving?

As an worker, voluntarily leaving means taking the initiative yourself to finish the employment, not your employer.

In case you don’t take every reasonable step to avoid unemployment before quitting, your reason for leaving won’t be considered a just cause – and also you won’t have the opportunity to receive regular EI advantages. 

Although you could feel that quitting is the one plausible solution, a government agent may not see it the identical way. If you might have questions on your specific case, you also can speak to an EI representative ahead of time by calling 1-800-206-7218. It’s vital to investigate and consider any measures or resources you might have access to before making the ultimate decision. 

For instance, for those who’re pondering of quitting due to reasons related to the work environment, you may:

  • Talk through the difficulty together with your employer
  • Use resources out of your employment contract (speak together with your HR department)
  • Transfer to a different team or division (or explore the potential of doing so)
  • Visit the Canadian laws Acts or Regulations

In cases where you don’t deliberately want to depart your job, but you are feeling the necessity to due to a sudden event (eg. lack of transportation or childcare), you continue to have to take every reasonable step to avoid unemployment. For example, for those who not have childcare arrangements, you may:

  • Explore the potential of working from home
  • Explore the potential of working different hours 
  • Ask your mates or family to babysit
  • Ask for a brief leave of absence 

After taking all of the vital steps to avoid leaving, you continue to might feel that quitting is the one solution in your circumstances. If that is so, you may potentially qualify for normal EI advantages. 

What’s just cause for EI?

The federal government of Canada lists the next situations as just causes, provided that quitting is the one reasonable solution inside your circumstances.   

  • Harassment (sexual or other types)
  • Moving with a spouse or a dependent child to a different place of residence
  • Discrimination (eg. racial, sex, age)
  • Unhealthy or unsafe workplace conditions (eg. exposure to a toxin) 
  • Need to supply for an instantaneous member of the family (for causes such a life-threatening illness, an accident, or distress) 
  • Reasonable assurance of an employment opportunity within the immediate future that falls through (eg. you’re promised one other job to start out the week after you quit, however it gets delayed, shortened, or cancelled)
  • Major terms and conditions change with an impact on salary
  • Excessive extra time hours, or an employer’s refusal to supply extra time pay
  • Major work duties change
  • Difficult supervisor relationship which you will not be primarily at fault for
  • Law-breaking employer
  • Discrimination based on the membership of a corporation, association, or union
  • Peer pressure to quit from an employer or co-workers

For more information, visit Canada’s list of 40 fundamental reasons which can justify voluntarily leaving. Each reason also comes with suggested alternatives to take before you select to quit. 

Worker and employer reporting

You and your employer could also be asked to reveal information regarding why you quit voluntarily. This information is used to make a good decision on whether your cause is just, and ultimately for those who’ll be eligible to receive the regular EI advantages. 

As an worker, you’ll be accountable for providing your personal story. Why did you allow your job? What steps or alternatives did you’re taking before you realized quitting was the one solution? Be able to share these details for those who imagine there may be a just cause in your case. In your employer’s end, they’ll be also expected to supply details, particularly in regards to the work environment. 

After interpreting all of the facts, a government agent will make the ultimate decision as as to if your cause is justified based on the law and the Employment Insurance Act

Are you able to get EI for those who quit for a corporation downsize?

EI could be claimed during a workforce reduction for those who’re given the chance to voluntarily quit. The downsizing company, nonetheless, must have the opportunity to point out that your layoff protects another person’s job and that it’s everlasting. During a workforce reduction, it’s also an excellent idea to talk with an EI officer ahead of time to make sure that you (or your employees) can receive assistance with employment insurance. 

Are you able to get EI for those who quit before the tip of your job term?

Let’s say your employment contract is about to finish in three weeks, but you select you could as well quit now to alleviate yourself from work earlier. In case you accomplish that with no just cause, you possibly can still receive regular EI advantages, however it works a bit in a different way. 

In case you voluntarily leave inside three weeks of your employment ending, you won’t be eligible for normal EI advantages through the period you were speculated to still be employed for – so essentially your first day without work to this point that will’ve been your last. After this era, you’ll also have to wait one other 2 weeks before you receive your first regular EI profit.

You’ll be able to still receive the special advantages for paid maternity, paternity, sickness, and compassionate care for those who quit early, so long as they apply to your case. 

Are you able to get EI for a certified period of leave?

In case you take an unpaid period of leave out of your job voluntarily, equivalent to for a mental health reset,  it is taken into account the identical as quitting. Subsequently, you’ll have to prove that you simply left for a just cause to be eligible for the regular advantages. You’ll be able to, nonetheless, still receive paid maternity, paternity, sickness, or compassionate care advantages in the event that they apply to your case. 

The underside line

You’ll be able to potentially receive regular EI advantages after quitting for those who can prove that your cause is justified and you’re taking all of the reasonable measures to avoid being unemployed beforehand. However, for those who don’t have a just cause to back up your departure, make sure that you’re comfortable together with your funds as you won’t have EI in your back pocket. 

To be extra proactive, you may as well look into keeping an emergency fund in your high-interest savings account (HISA) or tax-free savings account (TFSA). It’s all the time an excellent idea to have some extra money available, in case you select it’s time to depart your job and want a fallback, apart from EI.    

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