EI and Severance Pay In Ontario
When it comes to understanding of Employment Insurance (EI), one crucial factor that individuals often encounter is severance pay. Severance pay, provided by employers to employees upon termination, can significantly impact the calculation and receipt of EI benefits. Understanding how these two elements interact is essential for those facing job loss in the province.
In this article, we will look at how severance pay affects EI calculations in Ontario. We will explore the rules and considerations that individuals should keep in mind when dealing with these financial aspects of employment transitions. Whether you are an employee who has recently been let go or an employer seeking to ensure a smooth process for your workforce, this information will provide valuable insights into the intersection of EI benefits and severance pay in the province.
Employment Insurance (EI) – Overview
Employment Insurance, commonly known as EI, is a critical support system designed to provide financial assistance to individuals who find themselves without employment. In Ontario, as in the rest of Canada, EI is a federally administered program, managed by Service Canada, that offers a safety net for workers during periods of unemployment, illness, or other qualifying situations.
At its core, Employment Insurance is a government-run program that offers temporary financial relief to eligible individuals who have lost their job or are unable to work for various reasons.
What Is Termination Pay?
Termination pay, which is also commonly called “pay in lieu of notice,” is a form of compensation that employees are entitled to receive under the Employment Standards Act (ESA) in Ontario. To qualify for termination pay, employees must have been with their employer for a period of three months or more when they are terminated without cause.
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What Is Severance Pay?
Employees are entitled to severance pay when they have worked for an employer for five (5) or more years and the employer either has a payroll of $2.5 million or has “severed” the employment of fifty (50) or more employees within a six (6) month period.
Severance pay is meant to compensate an employee for the loss of seniority and is provided in addition to any termination pay they are entitled to under the ESA. The maximum amount of severance pay an employee can receive is twenty-six (26) weeks, unlike the eight (8) week maximum amount for termination pay provided by the ESA.
When Should You Apply For Employment Insurance?
It’s best for an employee to apply for Employment Insurance promptly after losing their job. If they don’t apply within four weeks, they might lose their right to receive Employment Insurance benefits. They can apply even if they haven’t received their Record of Employment (ROE) yet, but the ROE should show that they lost their job without a specific cause.
How Does Severance Pay Affect Employment Insurance (EI) Benefits In Ontario?
Even if you are receiving termination and severance pay, you should still apply for Employment Insurance. It is important that you do not miss the deadline to apply, as you can then lose your entitlement to Employment Insurance benefits altogether.
Termination and Severance pay does not disentitle you from eligibility for Employment Insurance either. However, when you receive severance pay, your Employment Insurance payments may be delayed until after the period of time your severance period covers. For that reason, it is best you reach out for qualified help as soon as there is a change in your employment status.
Contact Us
If you are an employee seeking information about your rights regarding Employment Insurance, Severance, or both, or an employer in need of assistance with creating a severance package, our team of skilled workplace lawyers, including those specializing in just cause dismissal, at Achkar Law is here to provide guidance and support.
Contact us by phone toll-free at +1 (800) 771-7882 or email us at [email protected] and we would be happy to assist.
Related Topics
- What Is Just Cause Termination In Ontario?
- Ontario Employment Standards Act, 2000: Your Handbook
- Employment Insurance (EI) And Parental Leave
