Summary of Issue

Decision 77091 Full Text of Decision 77091

The evidence shows that the claimant made a claim for sickness benefit which was made effective June 6, 2010. The claimant was back to work on June 16, 2010. It is also established that the claimant was not paid sick leave by his employer. The Board concluded that the exception provided in section 40 (6) of the Employment Insurance Regulations was not applicable in this case. The claimant has failed to show any error of fact or of law. The appeal by the claimant is dismissed by the Umpire.

Decision 75701 Full Text of Decision 75701

The claimant filed a claim for sickness benefits and informed the Commission that she had gone to the hospital on October 30, 2009, returned to work on November 6 and 7 and received sick leave on November 2, 3 and 4. The Commission determined that the claimant was not entitled to a waiver of the waiting period because her time off work due to sickness did not start until November 7 because the last days paid, that is, November 6 and 7, had been for work. The appeal by the Commission is allowed by the Umpire.

Decision 63649 Full Text of Decision 63649

The Umpire stated that the BOR erred when it found that the claimant had ceased work to attend a course required as part of an apprenticeship program to which he had been referred, and waived the waiting period accordingly. The claimant went on vacation before starting the course. The judge concluded that the claimant failed to meet the requirements of s. 39.1 of the Employment Insurance Regulations.

Decision 55410 Full Text of Decision 55410

The Board erred when it found the money paid by the employer as vacation pay to be sick leave and by waiving the waiting period accordingly. The two week waiting period applies to all claimants unless they fall within the prescribed circumstances in which the Commission is authorized to waive it. The claimant's situation was not within those circumstances.

Decision A-0499.01 Full Text of Decision A-0499.01

Issue to be determined is whether the two-week waiting period provided in the legislation applies in the case of special benefits. Held by the Federal Court that the applicable provision in the legislation is unqualified and that it applies to all benefits unless expressly excluded by some other provision of the Act. The Commission appeal was allowed.

Decision 51808 Full Text of Decision 51808

See summary indexed under FCA A-0499.01

Decision 29499 Full Text of Decision 29499

Claimant paid sick leave for one week and contract expired. Ss. 47(8) not applicable because claimant did not have an interruption of earnings within the meaning of ss. 37(2). Both conditions of ss. 47(8) not met.

Decision 24155 Full Text of Decision 24155

Vacation days, during which claimant was unavailable for work in his waiting period, were properly deducted under ss. 16(1). I do not agree with the Board that the waiting period was extended. The statute does not extend the waiting period. Rather, an amount of money is withheld from benefits.

Decision 20984 Full Text of Decision 20984

Earnings of $336 in 1st week of waiting period deducted in 3rd week. One is not entitled to be paid UI in a benefit period until he has served a 2-week waiting period. Earnings during waiting period to be deducted from benefits payable in respect to 1stweek otherwise payable.

Decision 19394 Full Text of Decision 19394

The claimant's request to have her 2-week waiting period served prior to receiving sickness UI deferred until her renewal claim for maternity UI cannot be allowed, despite erroneous advice received from CEIC staff.

Decision 19213 Full Text of Decision 19213

Absent from work for 3 months and received wage-loss pursuant to employer's plan. Returned to work and then left after 4 weeks. He argues that reg. 47(8) applies to him. The fact that, had he not returned to work, the results might have been different, is of no help to him.

Decision 12464 Full Text of Decision 12464

The waiting period cannot be served until disentitlement terminates. The 2-week waiting period must be served prior to any disqualification period. [p. 5]

Decision 11208 Full Text of Decision 11208

Claim filed 27-11-84 and then obtained part-time work with earnings such that no benefit payable. Waiting period delayed until 6-1 to 19-1-85 when employed under a job creation project.

Decision 10793 Full Text of Decision 10793

I agree with these comments: "waiting period must necessarily be served on new benefit period from 5-2-84; fact that waiting period served in earlier period [which terminated in 12-83] does not mean it may be cancelled".

Decision A0314.06 Full Text of Decision A0314.06

The issue is whether paragraph 39.1(b) of the EI Regulations can apply to waive the waiting period of the claimant, an apprentice, where his initial separation from employment was due to work shortage as opposed to the requirement to attend upon proper referral an apprenticeship program. The Court dismissed the Commission's appeal concluding that the claimant stopped working on January 4, 2005, the date work resumed at the employer's premises and the date the apprentice program began, as opposed to December 24, 2005, the date of the general lay-off for the holiday period. Influencing factors for the Court were: the claimant, unlike his classmates would have had to serve a waiting period between December 26, 2004 and January 8, 2005 and the claimant did not apply for benefits until the start of his course, January 4, 2005. See particular Commission guidance on this case. Also see similar cases, CUBs 67214, 66592 and 64468.