employee benefits after terminations layoffs and during leaves

About Benefits After Being Dismissed, Laid Off, or on Leave

Facing a dismissal, layoff, or leave can be a daunting experience. Understanding the benefits available to you during these times can provide some relief and clarity. This article explains your rights under the Employment Standards Act (ESA) and the Canada Labour Code (CLC), the types of benefits you may be entitled to, and how to claim them.

Benefits Upon Dismissal

When you are dismissed from your job, several benefits may be available to you:

Employment Insurance (EI)

Employment Insurance (EI) provides temporary financial assistance to workers who lose their jobs through no fault of their own, such as due to a dismissal. You must have accumulated the required number of insurable hours in the past 52 weeks and meet other eligibility criteria. Apply for EI benefits online through the Service Canada website as soon as your employment ends.

Severance Pay

Under the ESA, if you have been employed for five years or more and your employer has a payroll of at least $2.5 million or has laid off a significant number of employees, you may be entitled to severance pay. Severance pay compensates for your service and the loss of seniority and benefits.

Termination Pay

The ESA stipulates that if you are terminated without notice, you may receive termination pay. This pay compensates for the notice period you were entitled to but did not receive. Termination pay is generally applicable if you have worked for the employer for three months or more.

Benefits During Leaves

Various types of leaves are covered under the ESA and the CLC, each with specific benefits:

Employment Insurance (EI) Special Benefits

EI special benefits provide financial assistance during certain types of leaves, including:

  • Maternity and Parental Leave: Financial support for new parents.
  • Sickness Leave: Benefits if you are unable to work due to illness or injury.
  • Compassionate Care Leave: Support if you need to care for a critically ill family member.

You must meet specific eligibility criteria for each type of leave. Apply for EI special benefits online through the Service Canada website.

Health and Dental Benefits

During certain leaves, your employer may continue to provide health and dental benefits. The ESA requires employers to maintain benefits during pregnancy, parental, and emergency leaves. Check with your employer to understand the extent and duration of your continued coverage.

Benefits During Temporary Layoffs

Temporary layoffs are governed by the ESA and may entitle you to specific benefits:

Employment Insurance (EI)

If you are temporarily laid off, you may be eligible for EI benefits. These benefits provide temporary financial assistance while you are unemployed and actively seeking work. Apply online through the Service Canada website immediately after your layoff.

Health and Dental Benefits

Under the ESA, your employer may continue to provide health and dental benefits during a temporary layoff. This ensures that you maintain access to necessary medical services during the layoff period.

Recall Rights

The ESA provides recall rights during temporary layoffs. This means you have the right to be recalled to your position within a certain period. If the layoff extends beyond the maximum period defined by the ESA, it may be considered a termination, entitling you to termination and severance pay.

Common Challenges and Solutions

Experiencing delays or disputes when claiming benefits is not uncommon. If you encounter delays in receiving your payments, follow up persistently with your employer and Service Canada. In cases of disputes over eligibility or the amount of severance, termination pay, or EI, consulting with an employment lawyer can provide clarity and help resolve these issues.

Contact Achkar Law Today

If you are facing disputes or challenges in claiming your rightful benefits after a dismissal, leave, or layoff, it’s essential to seek professional assistance. At Achkar Law, our experienced team of employment lawyers is here to help you navigate these complex situations.

We offer personalized consultations to understand your unique circumstances and provide tailored legal advice. Don’t let disputes over your benefits go unresolved. Reach out to Achkar Law to ensure you receive the support and compensation you are entitled to.

Need an Employment Lawyer to Help with Benefits Entitlement Claims?
Contact Achkar Law

Understanding and claiming your entitled benefits can be complex. Achkar Law provides comprehensive legal support to employees navigating their benefits entitlement claims. Whether you are disputing a denial or seeking clarity on your benefits, our dedicated team is here to guide you through the process and ensure your rights are upheld.