Home / Knowledge Base / Employment

Employment Law

Employment Insurance in Canada: Eligibility, Benefits & Appealing Denials

Employment Insurance (EI) is a federal program administered by Service Canada that provides temporary income replacement to eligible workers who lose their jobs or need to take time off for specific life events. Understanding the rules — especially around disqualification and appeal — is essential when your claim is denied.

Regular EI Benefits — Who Qualifies?

To qualify for regular EI benefits, you must:

  • Have worked the required insurable hours in the past 52 weeks (varies by region: 420–700 hours depending on unemployment rate in your area)
  • Have lost your job through no fault of your own — laid off or dismissed without cause
  • Be available for work and actively seeking employment
  • Not be disqualified due to a "misconduct" finding or "quit without just cause"

Benefit Rate & Duration

  • Basic rate: 55% of average insurable weekly earnings, up to a maximum ($668/week as of 2025)
  • Low-income family supplement: Can increase rate to 80% for families with net income under $25,921
  • Duration: 14–45 weeks depending on region and hours of insurable employment
  • Waiting period: 1-week waiting period (no benefits paid for first week after approval)

EI Special Benefits

TypeDurationWho Can Claim
MaternityUp to 15 weeksBiological parent who is pregnant or has recently given birth
Parental (standard)Up to 40 weeksParents (biological, adoptive, legal guardian); must be split if 2 parents claim
Parental (extended)Up to 69 weeks (reduced rate: 33%)Same as standard
SicknessUp to 26 weeksWorkers unable to work due to illness, injury, or quarantine
Compassionate careUp to 26 weeksCaring for a gravely ill family member at risk of death within 26 weeks
Family caregiver (adult/child)Up to 35 / 15 weeksCaring for a critically ill or injured adult / child

Why Claims Are Denied: Disqualification vs. Disentitlement

Service Canada distinguishes between:

  • Disentitlement: Temporary — you are not entitled to benefits for specific weeks (e.g., you were not available for work that week, did not report earnings)
  • Disqualification: Permanent for the benefit period — you quit without just cause or were dismissed for misconduct. This is the most serious finding.

"Just cause" to quit includes: sexual harassment, unsafe working conditions, a fundamental change in working terms, discrimination, and similar circumstances. A resignation due to a hostile environment may be "just cause" — don't assume you cannot claim EI because you quit.

Appealing a Denial

  1. Request a reconsideration from Service Canada within 30 days of the denial decision.
  2. Appeal to the Social Security Tribunal (General Division — EI Section) within 30 days of the reconsideration decision.
  3. Appeal to SST Appeal Division on a question of law, significant error of fact, or jurisdiction within 45 days of the General Division decision.
The 30-day appeal deadline is strict. Request an extension immediately if you missed it — extensions are discretionary and require reasonable cause for the delay.

EI claim denied or disqualified? We can help you understand your options before the appeal deadline.

Book a Free Consultation
🔒 End-to-end encryption
CA PIPEDA-compliant
⚖️ LSO By-Law 9
🛡️ LawPRO Insured
LSO Licensed Paralegals
🔐 256-bit AES Encryption
📋 AODA Accessible
🇨🇦 100% Canadian-Hosted
🕒 SOC 2 Compliant Infrastructure
📄 CASL Compliant
💻 Secure Client Portal
📊 Transparent Fixed Fees
🔍 Verified Google Reviews
🤝 Free Initial Consultation
VISAPayPay