Back in September, when I first found out I was pregnant, I contacted HRDC re insurable hours for maternity leave. You must have 600 insurable hours in the past year, or since your last EI claim (which ended August 2009). According to the website, "vacation time taken and paid" counts as insurable hours, while "vacation time not taken, but paid" does not count. I presume this is because if you take the vacation time, you are not working, whereas if you just get paid out for your vacation time, you could be working that week as well and would double count the week.
In my case, I took my full mat leave (ending August, 2009). I was paid out some vacation time, and then have been on unpaid leave until January. I am going back to work in January, but only 3 days a week. Working from January until May will not give me enough hours to qualify for EI. BUT....after my official maternity leave ended, I was paid out for 5 weeks of accrued vacation time. So, I was not working for those 5 weeks, and was paid for them. Based on my understanding, these weeks should qualify as insurable hours, which will give me enough insurable hours to qualify. So obviously, whether or not these hours qualify is a huge deal, to which I need a concrete answer. I may have the option of working more days over the next 5 months if I so chose, to ensure that I qualify, but if I qualify regardless, I do not wish to work more. EI basically told me that they go by whatever the employer puts on the ROE, so I needed to talk to them. Vacation time taken and paid qualifies as insurable hours, but I need to ensure that the employer picks this up properly. I guess the "grey" area is that it isn't like I was working, took vacation, and then went back. I have been off work this whole time.
So, I contact our national payroll department to clarify/confirm that my understanding with respect to the vacation pay is correct, and that is how my ROE will be completed.
Stupid jackass from HR is like "I suggest that you call the HRDC hotline. They would be the right person to advise you on this matter".
Well, dumbass, the HRDC has its "rules", but they can't tell me how YOU are going to complete my ROE. They have guidelines under which the ROE is to be completed, that you follow. I am pretty sure I am right, but I would like some sort of confirmation from payroll that they agree and will be completing my ROE on this basis. If they complete my ROE wrong, and then I have an issue and have to fight re. the insurable hours, it is going to be a big drama, and could put my EI claim in jeopardy.
EI is $18,000 after tax, so it is kind of a big deal that we get this right, and if I need to work more or figure something out, then I need to know.
Re: Another vent (EI related)
Same here, congratulations Pam!!!! What great news
I am also confused. So mat leave ends and then you take 5 weeks vacation that you had built up and then you went on unpaid leave? If this is the case then your last worked day should be the last day of the 5 weeks of vacation.
But am I totally misunderstanding what the problem is here? Were you paid out the vacation time while still on mat leave?
Yes - this is exactly right Jen (as to what transpired). I'm pretty sure the time qualifies, but want to ensure that my employer agrees so I have no issues at ROE time.