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EI help, please

I understand that I can't claim EI if I am getting vacation pay from my work.  My plan was to start my EI on the 28th, but my HR manager effed up my payroll and already submitted vacation days for that week.

It's also my understanding (correct me if I'm wrong) that the latest I can start my mat leave is the date I give birth.  So if I give birth on the 29th and I'm paid up to and including January 1st, I'm essentially losing a week of mat leave pay, right?  As that week would not count towards my two week waiting period because I'm receiving vacation pay.  

Re: EI help, please

  • I think that that is right - but I'm not 100%.

     Make your HR manager fix the problem.  Even if you do get paid, just pay the money back to them, and have them reverse the payroll.

     There is no reason why they can't do this for you, except for the fact that they won't WANT to because it is more work for her.  Had you told her that you were to be off payroll starting on the 28th?  I assume that you did, as you said that she effed up your payroll.  This is HER error - there is no reason why she can't fix it.

     Payroll deduction don't even get submitted until, at the EARLIEST, 3 days AFTER the payroll - so if she knows that this payroll wasn't supposed to be processed now (before the pay is even made), she can fix this.  It is a PITA, but it can be done, and should be done if she effed up.

  • Thanks Pam

    Yes, I did tell her but apparently she misunderstood.  I was originally scheduled for a C/S on the 5th, but my Dr wanted to change it to the 29th.  She couldn't get a firm OR date, but put me on the wait list for that week.  I told the manager that I didn't have a firm c/s date, so I would start my leave on the 28th.

    I'm not sure why she didn't understand this or at least attempt to clarify the date if she was unsure.  

    Surely we're not the only company whose pay is deposited on Dec 31.  There must be time to change it - like you said - she just doesn't want to.

  • She can change this.  Push her on it.

     Even if they use a payroll provider, and it is too late to stop the automatic deposit to your account, you could immediately repay the money, and all she needs to do is reverse the payroll in her records, make sure that the tax withheld from your cheque doesn't get remitted to the government (which involves a phone call to the payroll company), and ensuring your T4s are correct.

     If they do their own payroll in house, she is just not wanting to fix it because she wants to get stuff wrapped up for the holidays.  Like I said, push her on it.

     

     And now that I think about it - today is December 22 - this isn't getting paid out until the 31st.  This is PLENTY of time to fix this, even if she is using a payroll provider.  They likely won't have even processed the payroll yet as it is still over a week away.

  • Oh - and tell her that the issue isn't JUST that you are getting screwed out of a week's EI  - it is also a week that you don't get to stay home with the baby (because if the week of the 28th was an EI week, you would still have a week of vacation time avaible to use in the future, which I'm guessing you would tack on to the end of your mat. leave).

  • imagepamelainswo:

    Oh - and tell her that the issue isn't JUST that you are getting screwed out of a week's EI  - it is also a week that you don't get to stay home with the baby (because if the week of the 28th was an EI week, you would still have a week of vacation time avaible to use in the future, which I'm guessing you would tack on to the end of your mat. leave).

    Word on this part.

    You can apply now if you want and just put the date you will be starting (28th). I did mine about 2 weeks before I left work (plus another week of full pay from my company).

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