(d) Where Claimant Entitled to a Period of Leave
Normally, an interruption of earnings occurs at the time of the lay-off or separation from employment. However, where an employee is entitled, under his or her contract of service, to a period of leave, he or she shall not be regarded as having had an interruption of earnings in respect of that period. When an employee is laid off or separated from his or her employment at a time when he is entitled to a period off work, the interruption of earnings will take place at the expiry of that period of time off work rather than after seven consecutive days of no work and no earnings.
Subsection 14(3) Employment Insurance Regulations
Subsection 11(4) Employment Insurance Act
Canadian Marine Officers Union v. Board of Referees (1988), F.C.J. No 618 (F.C.A.) A-220-87
Canada (A.G.) v. Kelly (1990), F.C.J. No 568 (F.C.A.) A-106-89
The objective of subsection 11(4) of the Employment Insurance Act is to prevent a worker from receiving employment insurance benefits for a period for which he or she is already compensated according to his or her special work schedule. The issue is whether the period for which a claim is contested is part of the “leave” to which the claimant is entitled as part of the working arrangements with the employer.
Canada (A.G.) v. Buchanan, [2003] F.C.J. No. 142 (F.C.A.) A-70-02, A-68-02
These legislative provisions do not violate the equality provisions of section 15 of the Canadian Charter of Rights and Freedoms
Canadian Marine Officers Union v. Board of Referees (1988), F.C.J. No 618 (F.C.A.) A-220-87
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2009-05-06