Special Benefits / Sickness
*This asterisk denotes recent case law.
Questions to Answer
- "major attached" (600 hours), or
- "minor attached" (less than 600 hours) and ceased work for reason other than incapacity?
- unable to work by reason of illness, injury or quarantine?
- otherwise available?
- proof of incapacity?
- special benefits already paid? Weeks remaining to draw sickness benefits?
Employment Insurance Act, 12 21 Employment Insurance Act, Employment Insurance Act; 18(b) Employment Insurance Act, 6(1) Employment Insurance Act 13
Employment Insurance Regulations 40
- major attached (600 hours or more) or minor attached (less than 600 hours) and ceased work for reasons other than incapacity: Employment Insurance Act 21
- unable to work due to prescribed illness, injury, quarantine: Employment Insurance Act, 18(b) Employment Insurance Regulations 40
- otherwise available for work: Employment Insurance Act 18(b)
- proof of incapacity: Employment Insurance Act, 18(b) Employment Insurance Regulations 40
- maximum weeks payable: 15 weeks Employment Insurance Act 12
Onus of proof
Claimant must prove entitlement to sickness benefits
Key Case Law
Judgment Of The Federal Court Of Appeal: Sickness benefits outside Canada. A-370-95
Judgment Of The Federal Court Of Appeal "otherwise available" A-451-85
A-479-94 Judgment Of The Federal Court Of Appeal: Incapacity must be the claimant's and not that of another person.
Judgment Of The Federal Court Of Appeal: Minimum number of insured hours must be accumulated in the qualifying period to be entitled. A-147-03
- What's New
- Board of Referees Jurisdiction
- Availability for Work
- Claim Procedure
- Delayed Appeal to the Board of Referees
- Labour Disputes
- Out of Canada
- Penalties and Violations
- Qualifying Conditions
- Rate of Weekly Benefits
- Reconsideration of Claim
- Refusal of Employment
- Special Benefits
- Special Benefits/Compassionate Care
- Special Benefits/Maternity
- Special Benefits/Parental
- Special Benefits/Sickness
- Undeclared Earnings
- Week of Unemployment
- Voluntary Leaving