回复: 有关EI的申请和案例
谢谢ls
被累时,公司给几个月带薪予以补偿,roe也要等这几个月之后才给,是不是到那时才可以申请ei,ei时间会不会因这几个月而被缩短,金额也会受影响?
ROE一般要求在累后5天内开出。所以被累后,及时向公司索要。
一般建议在累后28天内申请。迟后申请,会被问及好些问题。
政府网站给出两种情况:
1、被累时,已经给付。所得的补偿等于平均周薪的多少周数,便
推延多少周。你好象类似这种情况。
2、被累后,在两周等候期内收到补偿。一般情况下,
扣除EI最初三周金额,第四周不用扣了。
政府的政策会变,以前提供的一些链接已找不到,因而附上全文如下:
If your employer made a payment to you when you stopped working
When you stopped working, you may have received severance pay, vacation pay, or an amount that was put into an RRSP. If this is the case, the date on which you begin to receive benefits may
be delayed.
For example, if you received severance pay equal to 12 weeks of earnings, the payment of your regular benefits will be delayed by 12 weeks, whether you received this amount as a lump-sum payment or it was paid to you over 12 weeks. In this situation, you will still have to file a benefit claim as soon as you become unemployed so that your claim can be processed as quickly as possible.
You may also receive severance pay, vacation pay, or termination pay after filing your benefit claim. These amounts must also be reported; they will be processed in the same way as if you received them when your employment ended. The addition of these amounts to your insurable earnings may, among other things, extend the duration of your benefit claim or increase the amount of the benefits to which you are entitled.
However, you could be in a situation where you do not know whether you will receive the severance pay that you are owed (for example, if your employer declares bankruptcy). You may be required to pay back part or all of the EI benefits that you received if severance pay was paid to you afterwards. If you believe that you are in this situation, contact us. If you receive vacation pay or pay in lieu of notice following a layoff, these amounts are insurable and will be included in the calculation of your weekly average earnings.
If you receive money during the waiting period
Any amounts you earn or are allocated during the two-week waiting period, including vacation pay or severance pay, will
be deducted during the first three weeks in which you should receive benefits, because the allowable earnings do not apply during the waiting period. These amounts are deducted dollar for dollar.
Note
These three weeks do not have to be consecutive or immediately follow the two-week waiting period.
For each example, the dates indicated always represents Sunday.
Example 1 Total amount of earnings deducted during the first week of benefits
Anne is unemployed and filed a claim for benefits, which was approved. Her benefit period began on January 1. She had to serve a two-week waiting period, from January 1 to January 14. Her first week of benefits began on January 15. Her weekly benefit amount is $300.
She received vacation pay of $195 during the two-week waiting period. Normally, this amount must be deducted in the first three weeks during which benefits are to be paid. However, since this amount is less than the amount of her weekly benefits ($300), it will be deducted only in the first week of benefits, which began on January 15. The calculation is the following: $300 (amount of benefits) $195 (amount of vacation pay) = $105. Therefore, Anne will receive $105 in her first week of benefits. There will be no other amount to deduct afterward.
Example 2 A portion of earnings deducted in the first three weeks of benefits and remaining amount set aside after this period
Frédéric is unemployed and filed a claim for benefits, which was approved. His benefit period began on January 1. He had to serve a two-week waiting period, from January 1 to January 14. His first week of benefits began on January 15. His weekly benefit amount is $400. However, since filing his claim, Frédéric has gone back to work.
Any person who receives EI benefits can usually earn up to
$50 per week or 25% of their weekly benefit, whichever is higher. Any money earned above that amount will be deducted dollar for dollar from their benefit.
However, effective December 7, 2008, until December 4, 2010, they can earn the higher of the following two amounts:
- $75 a week; or
- 40% of the weekly benefit amount.
Any amount exceeding $75 per week or 40% of your weekly benefits will be deducted from your weekly benefits.
Frédéric is entitled to earn up to $160 per week, which is equal to 40% of his weekly benefit amount. Any amount greater than $160 will be deducted in full from his benefits.
As of January 1, he earned the following amounts:
- vacation pay of $395 that was paid to him in the week of January 1 (the first week of the waiting period)
- earnings of $350 in the week of January 8 (the second week of the waiting period)
- earnings of $380 in the week of January 15 (the first week of benefits)
- earnings of $360 in the week of January 22 (the second week of benefits)
- earnings of $380 in the week of January 29 (the third week of benefits)
Since he received vacation pay of $395 and earnings of $350 in the two-week waiting period, a total amount of $745 must be deducted from his benefits over three weeks as of January 15.
The
first week in which he received benefits began on January 15. He earned $380 in that week. The calculation is the following:
$400 (amount of benefits) + $160 (earnings allowed) $380 (amount earned) = $180
An amount of $180 should be paid to him, but he will not receive any money during this week because he received earnings during the waiting period and the amount of $180 must be deducted from the total amount that he has to pay back ($745) as follows: $745 $180 = $565. Therefore, a deduction of $565 remains.
The
second week in which he received benefits began on January 22. He earned $360 in that week. The calculation is the following:
$400 (amount of benefits) + $160 (earnings allowed) $360 (amount earned) = $200
An amount of $200 should be paid to him, but he will not receive any money during this week because this amount must be deducted from the remaining amount of the earnings received during the waiting period ($565) as follows: $565 $200 = $365. Therefore, a deduction of $365 remains.
The
third week in which he received benefits began on January 29. He earned $380 in that week. The calculation is the following:
$400 (amount of benefits) + $160 (earnings allowed) $380 (amount earned) = $180
An amount of $180 should be paid to him, but he will not receive any money during this week because this amount must be deducted from the remaining amount of the earnings received in the waiting period ($365) as follows: $365 $180 = $185.
Since the three weeks have passed, although there is a remaining amount of $185 to be paid back, it is set aside as of the fourth week.