EI -termination Question

Amanda F.
on 1/21/15 5:06 am - Oshawa, Canada

Hello,

 

I was just wondering if anyone has a similar situation as me. So I told my employer that I am having surgery on May 11 (yay). And they basically let me know there is a great possibility my contract will not be continued after surgery. (I knew this could be a possibility because I am a contract worker). I am really upset obviously because my contract was coming up in July and they said they would renew it and now that I need time off they cannot accommodate that.

 

Either way, I am going to need to apply for EI regardless if my contract gets continued after surgery. My question is if my contract gets terminated (but I am still an employee through the temp agency) do I qualify for EI after the medical EI. So say the doctor recommends being off for 4 weeks. So I am on Sick EI for the 4 weeks (not including the 2 weeks deductible of course) and then would I get EI after for unemployment?  Also when do you apply. Do you apply before surgery or after surgery.. Not sure.. Because my last day would be a Friday and Surgery is on Monday....

 

I am not sure if anyone has gone through something like that before. I have never collected EI and literally have no idea.

 

Any help is greatly appreciated :)

 

(deactivated member)
on 1/21/15 6:10 am - Toronto, Canada
RNY on 10/20/14

First off, that sucks… Its a stressful, and emotional time, let alone have to deal with that. Yes, you would absolutely qualify for EI assuming you have the required amount of hours to collect. Why would you apply for medical EI? If your employer is going to terminate your contract, I would just apply for regular benefits, and simplify it, rather than have to apply for both. Makes more sense to just apply for regular benefits. I would be pressing your employer for an answer if you will be returning. If they tell you no, I would apply for regular benefits on the Friday when my last day was over.

You would be able to apply the moment you stop working, you do not have to wait for your employer to issue your record of employment. You can do it online. Then they will mail you an access code' to the address you provided. That's the one piece of information you would need to submit your bi weekly reports via phone or online. And that's it. 

Good luck!

Amanda F.
on 1/21/15 7:06 am - Oshawa, Canada

Thanks Jennifer that makes total sense. That's why I asked because I literally have no idea how EI works.

Herecomeshealth
on 1/21/15 6:45 am

I am also pretty sure your employer is violating the human rights code. You should not be penalized for taking time off for health reasons. Fighting this could add to your stress but you could pursuethis through   the Ontario Human Rights commission.

 

Amanda F.
on 1/21/15 7:08 am - Oshawa, Canada

I will look into that and I know I feel like I am in such a hard position but I feel like my health is more important. It is just stressful because I am also kneel separated and single income. But I am trying to stay positive.

Amanda F.
on 1/21/15 7:09 am - Oshawa, Canada

Newly separated  not kneel hahha

White Dove
on 1/21/15 11:50 pm - Warren, OH

Not renewing a contract worker is not a violation of human rights.

Real life begins where your comfort zone ends

Herecomeshealth
on 1/22/15 7:16 am

True unless you say you will and the do not due to health reasons. An employer is free to not extend or even terminate employees contract or other wise. They also can not discriminate based on the 13 prohibited grounds, whi*****lude disability. It can be difficult to prove their motives. Sometimes when people know you know your rights they are less inclined to violate the.

 

Hollynik
on 1/21/15 8:25 am - Canada

I think you might need to look into the sick benefits especially because when you are on EI they sometimes require you to attend retraining or prove you are actively looking for a job and while you are recovering you wouldn't want that to interfere so I don't think you should just go on straight EI right away.  I would make some calls and ask some questions before you do the wrong thing.

Sandra L.
on 1/21/15 9:27 am

You can always call EI and ask them.  But from what I know you go on sick leave first cause you cannot work due to doctors orders.  At this time you will also serve your 2 weeks waiting period and as a general rule if you have enough hours your claim will get processed quicker.  Once the doctor approves you to return to work your claim would then switch to Regular benefits.  If you go on regular benefits right away they will expect you to be looking for a job, which you cannot do while recovering.  But check the website it is full of information.  http://www.servicecanada.gc.ca/eng/sc/ei/index.shtml

 

 

March 2014 Doctor sent referal, Orientation Humber Aug 2014, Surgeon Nov. 2014, Trio Appt. Feb 2015 - Request transfer to Guelph Mar. 2015 Orientation Guelph April 9th, 2015 Initial one-on-one May 5th, 2015. Trio Appt. Aug. 14th, 2nd Trio Oct. 16.  Nov. 20 Approved. , Meeting Surgeon Dec. 23.  Opti Fast Jan. 14th, Surgery Date:  Jan. 28th 2016

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