Update by James Hsu, Lawyer

Effective December 18, 2022, the Federal Government has permanently extended Employment Insurance (EI) sickness benefits from up to 15 weeks to up to 26 weeks.

Employers and workers should be aware:

1. This extension will apply for individuals who qualify and establish a new claim after December 18, 2022 (see qualification criteria below).

2. EI sickness benefits are paid at 55% of the applicant’s average weekly insurable earnings, up to a maximum entitlement of $638/week for 2022.

3. This change will align with an extension of the unpaid medical leave of 17 weeks to 27 weeks under the Canada Labour Code for employees who work in federally regulated private-sector workplaces. That extension is also effective December 18, 2022.

4. The Federal Government may roll out further changes in the coming years as it seeks to modernize the EI program.

As a reminder, to qualify for EI sickness benefits, an individual needs to demonstrate:

1. They cannot work for medical reasons;

2. Their weekly earnings from work have decreased by over 40% for at least 1 week;

3. They have accumulated 600 insured hours of work in the 52 weeks before the start of their claim, or since their last claim (whichever is shorter); and

4. If not for their medical condition, they would be otherwise available for work.

Current details on EI sickness benefits, including on how to apply, can be found here.

If you are a BC employer with questions about this extension, including how it may affect your current Short-Term Disability and Long-Term Disability coverages, contact us.