I wrote The Ultimate Guide to EI Sickness Benefits for people who need to apply for EI sickness benefits after going on sick leave from work.
This Guide is a starting point for learning more about EI Sickness benefits and will supplement the information you can find on the official government website. As long as you have your doctor’s support, EI sickness is a straightforward program that you can easily navigate on your own.
Because you are reading this article, I know you are already on the right track to having your benefits approved.
If you have questions about this Guide or any disability claim issue, call our support team toll-free at (888) 480-9050.
Keep on learning, and I wish you all the best on your journey.
— David Brannen, disability lawyer & founder of Resolute Legal
Table of Contents
EI sickness, also known as medical EI, is a temporary income replacement benefit paid to people who cannot work for medical reasons. The federal government pays EI sickness through the Employment Insurance program. If you get approved, the payment amount is usually 55 percent of your average insurable weekly earnings.
You can get up to a maximum of $668 per week. You can also receive EI sickness payments for up to 26 weeks.
To qualify for EI sickness payments, your income must be reduced by at least forty percent because of your illness or disability; you must be employed by a qualified employer, and you must have already earned 600 hours of insurable employment.
To be eligible to get EI sickness benefits, you must meet the following criteria:
The qualifying period is whichever of these is shorter: either the 52-week period leading up to the date of your EI sickness claim or the time since you last made a claim for EI payments.
You won’t know exactly how much you will get until Service Canada processes your application for EI sickness benefits. Generally speaking, it will be 55% of your average insurable weekly earnings, up to a maximum amount.
The maximum EI sickness payment is $668 per week in 2024. These rates are based on 2024 and are subject to change each year as they are adjusted for inflation.
You may be entitled to a higher benefit amount — called the family supplement — if you have children and your net family income is below $25,921.
When determining your average insurable weekly earnings, Service Canada will look at your “best weeks” during the 52 weeks leading up to your last day worked. These will be your highest-earning 14 to 22 weeks, depending on the unemployment rates of your region in Canada.
Your best weeks are the ones where you earn the most money. This includes tips, gratuities and commissions.
There is a one-week waiting period before benefits start. In other words, you aren’t paid for the first week you are off sick. Payments would start at the beginning of week two. This waiting period can be waived if you receive sick pay for that week or benefits from another source.
Your EI sickness payment may be higher if you qualify for the family supplement. To qualify for the family supplement, your net family income must be below $25,921 (2024); you must have a dependent child, and you or your spouse must be receiving the Child Tax Benefit. The family supplement cannot increase your payment higher than the maximum weekly payment, which is $668 (2024).
You can apply for EI sickness Benefits online at home or using a public computer at your local Service Canada office. The application is made up of three parts:
To apply for EI sickness benefits, you will need the following information:
You have the right to appeal any decision regarding your EI sickness benefits. There are three levels of appeal:
If your application for EI sickness benefits is denied, you can request a reconsideration appeal. You have a 30-day deadline to request a reconsideration appeal. You request the appeal by submitting a “Request for Reconsideration of an Employment Insurance (EI) Decision” form either online or in person at any Service Canada Centre (Download).
If Service Canada denies your reconsideration appeal, then you have the right to appeal that decision to the Social Security Tribunal (General Division). You do this by filing a “Notice of Appeal – Employment Insurance – General Division” form (Download).
If the Social Security Tribunal (General Division) denies your appeal, then you can appeal to the Social Security Tribunal (Appeals Division). You do this by filing an “Application to the Appeal Division – Employment Insurance” form (Download).
If your application is approved for EI sickness benefits, you will receive payments within 28 days from the date they received your completed application.
Once approved, you must submit reports to Service Canada every two weeks. You submit these reports online using a 4-digit code (given to you by Service Canada) or by calling the EI Telephone Reporting Service at 1-800-531-7555.
Do not submit your report before the due date, or it will not count.
When doing a report, you must update Service Canada on the following information. You have to let them know if you:
You can receive EI payments by direct deposit into your bank account or by a cheque in the mail. Direct deposit is the best option because it eliminates the risk that your payments will be disrupted either by getting lost in the mail or by Canada Post’s work stoppages. We have seen both happen.
There is no paper form for the EI sickness benefits application. You must apply online using your computer or the public computers at any Service Canada office.
However, there are other forms you can download and fill out for certain situations:
How long does it take to receive your first EI Sickness payment? If your EI sickness benefits application is approved, you will receive payments within 28 days of submitting your completed application. If you are not eligible, Service Canada will notify you of their decision.
If your EI sickness runs out and your medical condition still prevents you from working, you can apply for any of the following benefits: provincial disability benefits (e.g., the Ontario Disability Support Program), CPP disability, or long-term disability insurance benefits.
On the other hand, if you’ve recovered, you can return to your former workplace. Let your employer know when you will return, and you can resume your regular duties.
The eligibility criteria for each disability program differ slightly. However, each benefit program requires you to have a medical condition that prevents you from working. Generally, the process for applying is similar across all programs. Here is a general overview of how to apply for the benefit programs listed above:
1. Determine eligibility
Identify which disability plans or programs you qualify for. Canada offers various disability benefits, each with specific eligibility criteria:
2. Ensure doctor’s support
Before applying, make sure your doctor supports your claim. Without their support, your application will likely be denied.
3. Plan your transition
Manage your transition from employment to sick leave carefully to protect your employment rights, pension, and benefits. Avoid resigning or retiring prematurely, as it may affect your eligibility for benefits.
4. Gather application forms
Obtain the necessary application forms:
5. Complete forms and collect documents
Fill out all forms accurately and gather required supporting documents. Ensure all forms from your doctor and employer are correctly filled out.
6. Submit application
Submit your application to the relevant disability plan or program. Respond promptly to any requests for additional information.
7. Await decision
Wait for a decision on your claim. If the process takes longer than 30 days, follow up to ensure there are no issues.
By following these steps, you can navigate the process of applying for disability benefits in Canada effectively. For more specific information on each program, refer to the provided links.
For a more in-depth explanation of how to apply for disability benefits, check out our guide, How to Apply for Disability in Canada.
EI sickness payments are a type of disability income of last resort. This means you can’t receive EI sickness if you are already receiving disability income from a disability insurance policy or plan. If you receive EI sickness benefits, you might also get approved for retroactive short-term disability insurance payments.
In that case, you will need to reimburse the EI sickness program out of those retroactive funds.
Once I finish EI Sickness, can I switch to regular EI? Technically, yes. However, you would need to prove that you can work and that your former position is no longer available. Doctors can say you can’t return to your former job and need EI while you look for a new job but this can be difficult to do.
There are a lot of implications if you start this, so you should seek legal advice and talk to your doctor before switching from EI sickness to EI regular.
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Yes, EI sickness benefits are taxable. Both federal and provincial income taxes get deducted from your payments.
There is a one-week waiting period for EI sickness benefits. You won’t receive benefits for the first week you are on sick leave. You should still apply for benefits immediately — you don’t have to wait a week to apply.
Yes, you can earn some income while receiving EI sickness benefits — as long as you report it to Service Canada. You can keep 50 cents of every dollar you earn, up to the point where you are earning 90% of the weekly insurable earnings used to calculate your EI sickness benefit. Once you reach 90%, Service Canada will start deducting your income dollar-for-dollar.
You can collect EI sickness benefits for a maximum of 15 weeks. If you have received the full 15 weeks, you cannot extend sickness benefits any longer and might want to consider applying for other benefits if you are still unable to work.
The following income will be deducted from your EI sickness payments:
– employment income (including self-employment)
– workers compensation payments made for lost wages
– short- or long-term disability payments
-motor vehicle accident payments for lost income
– retirement income from private or public pension plans
The following sources of income are not deductible from EI sickness payments:
– CPP disability payments
– survivor or dependent benefits
– workers compensation payments not related to wage loss
payments for pain and suffering
– sickness payments from supplemental unemployment plans
– sickness or loss of income payments under a private insurance policy
– retroactive increases in your salary.
Effective December 18, 2022, EI sickness benefits in Ontario have been extended from 15 to 26 weeks, allowing individuals who are sick or injured to receive up to 26 weeks of benefits. This update aligns with Canada’s Employment Insurance Act as of February 6, 2023.
The EI sickness program provides the same payment amount regardless of the reason for your leave. Meaning it wouldn’t pay you more or less if you had cancer vs. work-related burnout. If approved, it pays 55 percent of your salary for up to 26 weeks.
To qualify, you must have recently contributed to the EI sickness program through payroll deductions.
No. Regular EI benefits cannot be claimed if your hours are reduced. They are only available if you experience job loss or are unable to work due to particular situations such as pregnancy, critical illness, parental leave, or caring for a sick family member.
It’s a grey area. We’ve seen situations where someone was able to go from EI sickness to EI regular. Because couldn’t go back to their old job due to disability, however, this can have implications for current employment. In theory, it’s possible but not usually recommended.
There are a lot of implications if you start this process, so you should seek legal advice and talk to your doctor before switching from EI sickness to EI regular.
A former occupational therapist turned disability lawyer, David has been representing people in disability claims for over fifteen years. David is Resolute Legal's founder and managing lawyer. He is the author of the best selling The Beginner's Guide to CPP Disability, the CPP Application Workbook and A Beginner's Guide to Disability Insurance Claims in Canada.
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