EI Rules Revert To Pre-Pandemic System: Lawyer on 640 Toronto

Interview Summary

Employment Insurance (EI) in Ontario is set for another set of changes as a result of the pandemic. What will this mean for employees who have been on a layoff since the start of COVID-19? Will this disqualify more individuals from being able to access benefits at an already difficult time?

Mackenzie Irwin, a Toronto employment lawyer and Associate at Samfiru Tumarkin LLP joins Jeff McArthur on Global News Radio 640 Toronto to answer these questions and more regarding employee rights.

Interview Notes

Have there been any changes to EI in regards to who is eligible?

There have been changes made to those who can now apply for EI. Applicants will have had to have worked approximately 420 hours in order to qualify for benefits. In order to be approved for EI sickness benefits, applicants will once again need a medical certificate. This exemption was waived during the start of the pandemic but has been brought back.

Will the changes to EI include a new floor for benefits?

While during the first few waves of COVID-19, EI was raised to $500 minimum per week for all applicants, it has now been reverted back to the pre-pandemic amount of a minimum of $300 per week for applicants who apply between September 26th and November 20th. This reduction seems to be a further solidification of reverting to a pre-pandemic system.

Has the duration of approval for EI benefits changed?

There will be a one-week waiting period that has been re-implemented before applicants are approved and receive EI benefits however the amount of time applicants can receive benefits has remained relatively the same.

What other factors should applicants be aware of in regards to EI?

For applicants who are already on EI before September 26th, there will be no changes to their benefits. These changes will only apply to applicants who have applied past September 26th.

Can employees receive EI as well as severance?

Employees can technically receive EI as well as severance but EI benefits will be offset by any severance entitlements and payments. Depending on how the severance is paid out, such as a lump sum or salary continuous, will factor into how EI benefits are calculated.

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• Severance Pay in Ontario

Are employees who have been terminated for cause still eligible for EI?

Employees who have been terminated for cause are not typically eligible for EI. It is important to note, however, that many terminations for cause are actually wrongful dismissals and an employer did not have the right to terminate the employee with cause. In many of these situations, it’s important to contact an employment lawyer as the employee has been wrongfully terminated and their rights to insurance benefits as well as severance have been impeded.

Do unvaccinated employees who have been terminated qualify for EI benefits?

Refusing to be vaccinated is not considered just cause for termination unless the government has mandated vaccines for a particular sector. Employees who have been terminated due to their vaccination status are entitled to severance as well as EI benefits.