Changes to EI Regulations related to Severe Acute Respiratory Syndrome (SARS)

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Changes to EI Regulations related to Severe Acute Respiratory Syndrome (SARS)

April 4, 2003
FOR IMMEDIATE RELEASE
03-19

OTTAWA, ONTARIO -The Honourable Jane Stewart, Minister of Human Resources Development Canada (HRDC), announced today that the Government of Canada is further responding to the needs of Canadians facing the SARS situation by making amendments to the Employment Insurance Regulations related to EI sickness benefits.

"We want to offer the best support possible to Canadians affected by SARS," said Minister Stewart. "We have amended the EI Regulations so that eligible workers can access EI benefits more quickly and easily."

The amendments remove the usual two-week waiting period for SARS-related cases. The requirement for a medical certificate will also be removed when the period involved is the SARS-related quarantine (currently 10 days).

The amended regulations apply to any SARS-related claims for EI sickness benefits where the period of quarantine has been imposed or recommended on the claimant by a public health official and the claimant was asked by the employer, a medical doctor, a nurse or another person in authority to quarantine himself/herself.

The amended regulations apply to any SARS-related claims submitted on or after March 30, 2003.

"I am pleased that we, in Government, have acted quickly in order to address the urgent need of the people facing this national emergency," said Jim Karygiannis, Member of Parliament for Scarborough-Agincourt. "My thoughts and prayers go to the people affected."

HRDC recommends that people in this situation use the Internet to apply (www.hrdc-drhc.gc.ca). They can also call 1 800 206-7218 (English), 1 800 808-6352 (French), 1 866 255-4786 (TTY/TTD devices) or in the Toronto area 1 800 263-8364 or 1 (416) 952-4473 for an EI application form or to receive further information. 1 800 O-Canada (622-6232) or 1 800 465-7735 (TTY/TTD devices) is also handling initial requests for information regarding this announcement.

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For more information:

Media Relations Office
Human Resources Development Canada
(819) 994-5559

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Backgrounder

Regulation Changes related to Severe Acute Respiratory Syndrome (SARS)

Canadians affected by SARS have been placed in quarantine by medical authorities, others have been sent home by their employers, and still others have chosen to stay home. The current quarantine period for SARS as determined by medical authorities is 10 days.

Eligibility

Under the Employment Insurance (EI) Act, there is a provision that allows for up to 15 weeks of special benefits (sickness) when an eligible claimant cannot work because of illness, injury or quarantine. To be eligible, claimants must have worked 600 hours in insurable employment in the last 52 weeks, or since the start of their last claim, whichever is shorter.

Normally, a two-week waiting period is applicable unless the claimant has received paid sick leave from his or her employer for that period [Regulation 40(6)]. In that instance the waiting period is waived because the employer's plan has assumed the risk for the first two weeks of unemployment. However, for individuals who do not receive paid sick leave and are eligible for EI sickness benefits, the two-week waiting period is applicable. The EI regulations have been changed to remove the waiting period in SARS-related cases.

Under current rules, EI sickness benefit claimants are also required to produce a medical certificate issued by a medical doctor or other medical professional [Regulation 40(1)]. Many people claiming EI in a SARS-related situation will not have such a certificate, since they may have been sent home by their employer, or may have worked in an area (hospital) where they were exposed to SARS and may have been instructed by an appropriate authority to quarantine themselves.

The EI regulations are being changed to remove this requirement in SARS-related quarantine cases. However, if the EI claimant is ill from the start or falls sick before the end of the quarantine period, the claimant will then need a medical certificate as all other EI sickness benefit claimants. As the claimant will be under active medical care, getting the medical certificate should be no problem.

Regulation Changes

Section 40 of the Employment Insurance Regulations is being amended by adding new subsections 40 (1.1), (7) (8) and (9):

• to remove the normal requirement for a medical certificate for the quarantine period (usually 10 days); and
  
• to remove the waiting period.

For both amendments, the period of quarantine will either have been:

• imposed on the claimant by a public health official, or
  
• recommended by a public health official and the claimant was asked by the employer, a medical doctor, a nurse or another person in authority to quarantine himself/herself.

The amended regulations are in force as of April 4, 2003 and apply to SARS-related claims submitted on or after March 30, 2003.

Application Process

Application procedures are exactly the same in SARS-related cases as those applied to all other Canadians claiming EI sickness benefits. There is a standard application form for sickness benefits. EI claimants affected by the SARS situation should file by Internet or call our call-centres at 1 800 206-7218 (English), 1 800 808-6352 (French), 1 866 255-4786 (TTY/TTD devices) or in the Toronto area 1 800 263-8364 or 1 (416) 952-4473 to have an EI application form sent to them or to receive further information.

A Record of Employment from the employer will be required.

If claimants cannot file on time because of the SARS quarantine, then their EI claims can be backdated to cover the period of delay just as they can be for all other EI claimants who are prevented from filing on time due to circumstances beyond their control.

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