Note - Information related to the Canada Emergency Response Benefit (CERB) has changed since this article was published on March 27. Please visit here for latest info.

Are you a worker impacted by the COVID-19 pandemic?

On Monday, Toronto labour and employment lawyer Hermie Abraham answered Star reader questions about workers’ rights, following an overwhelming response to our first Q&A with employment lawyer Soma Ray-Ellis. “I just want to help as many people as possible,” Abraham says.

Over 75 questions were answered in the session, so we’ve compiled a Q&A table of contents regarding workers rights and COVID-19 — from the rights of laid-off workers to childcare concerns.

General

From Adam: I am wondering if I would be eligible for EI or the $2,000 payment per month if I refuse work and don’t feel safe. I work in landscaping and I believe that the work is not essential right now. My company is still going to go to work if they are considered essential to the government.

A: If your employer falls under the list of essential work, your work refusal would have to be based on a reasonable and credible safety threat (e.g. you are immune compromised or there is inherent risk in your job duties, which your Employer is failing to address). Without this, it is unlikely that you would be eligible for the Canada Emergency Response Benefit (CERB).

From Birdie: What are the definition of vacation pay and what are sick day pay?

1. What are the differences in term of benefits and ‘pay’ rate? (A monetary example will help me to understand more)

2. Are employees being taken advantage? Is it immoral, although “legal.”

3. What protection and benefits do employees lose when a company asking the employee to go on ‘vacation” when they are sick?

4. What can an employee do besides to apply for a better company that will value them more with better pay rate and benefits?

A: Under the Employment Standards Act, vacation pay is a minimum of 4% of your eligible earnings, which can be paid on each pay stub or paid out when you take vacation time. Sick days are up to 3 *unpaid* days off work. I am unsure about your other questions as they are not clear to me. But I would say that not all employers are ‘taking advantage’ of their employees. Just as not all employees are trying to find loopholes to avoid working. I believe that most employers and employees are doing the best they can in a very challenging time. So don’t assume the worst about your employer and continue to respectfully advocate for those workplace issues that are important to you.

From Robert: I submitted for EI. I received an access code. I have to wait until tomorrow to submit a 2 week claim. I assume I will get some pay out. My questions are regarding CERB. If I am getting EI do I qualify for CERB? And if so do I have to reapply?

A: You will either get EI regular benefits or the CERB — not both. The CERB was created specifically to address COVID related job loss and income reduction.

From Ted: My girlfriend has chronic respiratory asthma and works as an optician. Her employer has only offered a 30 day unpaid leave if she feels unsafe to work in that environment. Is she eligible for EI? The employer says no if she wants to keep her job. Is she eligible for CERB?

A: Based on the Ontario government’s March 25th closure of non-essential services, health care professionals (including optometrists) can only open to provide essential services. If your girlfriend is unable to work as a result of this or because it is unsafe for her to do so, she would be eligible for the CERB.

From Jasmine: I’m wondering what workers who have applied to EI regular benefits can do about their ROE (Record of Employment.) My clients’ ROE was mailed to them and the Service Canada is closed to drop it off and submit the application. Does the employer need to submit it online instead?

A: I am unsure of the answer to this question as it is not legal but more about how Service Canada works administratively. I would say that if the ROE can be submitted electronically, it should be.

From Carrie:

1. Can employers implement mandatory reduced hours for full-time salaried employees and reduce their pay by equivalent percentage?

2. Can employers refuse employees from taking earned vacation for the next 4 to 6 weeks?

3. Head office is in Quebec but employee has always worked remotely in Ontario. Which employment standards do they adhere to?

A: For employees in Ontario, local laws would apply. And assuming that your workplace is NOT federally regulated, then the Ontario Employment Standards Act would apply. Employers are well within their legal right to refuse an employee from taking earned vacation during a black-out period. But if the refusal means the difference between an employee having to be on a forced leave (i.e. work shutdown) with reduced earnings, I think it is progressive (i.e. nice to do, not need to do) for the employer to give the employee the option of using banked vacation. Employers can reduce hours based on the financial impact COVID is having on their business. But in doing so, they may wish to consider the Temporary Wage Subsidy offered by the government to keep employees financially whole as much as possible.

From Fiona: I have a signed contract to begin work on March 24th for 6 months. On March 22nd, she called to tell me due to the impact of CoVid19, she would not be able to proceed. I have already been on EI, so receiving EI is not my concern. I did sign this contract in February, and spent time waiting for the start date, turning away other job opportunities in the meantime. Can she just walk away from a contract without any notice, without any compensation?

A: You should meet with a lawyer who can review your contract and discuss your options. Typically, if you had damages (i.e. loses) from accepting a contract that was not ultimately fulfilled, you could seek compensation those losses. However, we are not in typical times.

From Karl: I worked at a clothing store where we experienced high foot traffic numbers, I had exercised my right to refuse work because of what I thought was an unsafe workplace (high risk of virus transmission). After about a week, I was terminated because I did not come in for my scheduled shift due to my concern, does my employer have just cause to do that?

A: Your employer might have just cause to end your employment. If your employer falls under the list of essential work, your work refusal would have to be based on a reasonable and credible safety threat (e.g. you are immune compromised or there is inherent risk in your job duties, which your employer is failing to address).

From Kyle: If I applied for EI last week but haven’t received payments yet will I just be moved over into the CERB program automatically? EI will only pay me $600, so CERB is much better. I’m just worried that if I start receiving EI before CERB applications open, I won’t be eligible for them.

A: If your EI application is related to the loss of income as a result of the COVID-19 pandemic, then you would qualify for the CERB and I believe your application will be converted. Stay tuned and check in with Service Canada to see how this will work.

From Kristen: I am currently employed full time, however come April 1st I will be reduced to only having to work 50% off my regular hours, and therefore only getting paid $50% of my monthly salary. I am wondering if I am eligible for the CERB benefit at all? I am not necessarily losing my job, but my job has been affected to the point that I am only required at 50% my regular capacity. Thank you in advance!

A: Workers who are still employed, but are not receiving income because of disruptions to their work situation due to COVID-19 qualify for the CERB. Your employer may also be able to top-up your wages with the Temporary Wage Subsidy.

From Brenda: My husband was told that he was getting a 20% pay cut effective immediately. No decrease in work hours expected. Can his employer do this?

A: A constructive dismissal happens when a substantial change has been made to an employee’s wages, which the employee does not accept. I am unsure whether a 20% pay-cut would be substantial and if so, whether starting a constructive dismissal complaint would move him forward professionally and financially. That said, you are best to speak to an employment lawyer who can review the full details of your situation and advise you on what to do.

From Georgette: With the new guideline issued for the wage subsidy can a company choose to reduce workload? My company provided me with a letter on Friday to indicate only 3 days pay/work. I would like to know if they’re able to refuse ROE in order for me to obtain the pay difference? How would I be able to obtain full week’s pay — through EI or to apply for CERB?

A: The The Temporary Wage Subsidy might assist in these situations. Small and medium businesses affected by COVID-19 can subsidize worker wages by 75% for a period of 3-months. Under the previously announced rules, the 10 per cent subsidy had a cap of $1,375 per employee and $25,000 per employer. However, with the increased subsidy level of 75%, these maximums may be increased. Details about this program and how it works will be released today.

From Erin: What options exist for workers who are out of paid leave, and share a home with an immuno-compromised senior? in this specific circumstance, the worker will be out of paid leave time (vacation and sick time) and cannot afford to abandon their job. Employers appear to be pumping up production as much as possible at the risk of worker health. Are people actually supposed to put their loved one’s health for companies who are doing bare minimums for health & safety? Does the Ministry of Labour have the capacity to deal with escalated work refusals to this degree?

A: You are able to refuse unsafe work, but this work refusal needs to be reasonable and you need to have a genuine belief that the physical condition of the workplace is likely to endanger you or another worker. That said, some workers are unable to refuse work under the Occupational Health and Safety Act.. If you are worried about your health and safety and contracting COVID at work, then you should first speak to your employer (or union rep) and then contact the Minister of Labour’s Ministry of Labour. Regarding home care for an immune compromised individual, under the Human Rights Code, ‘family status’ is a protected ground. The Code defines “family status” as “being in a parent and child relationship” which includes parents caring for children (also by adoption, fostering and step parenting), people caring for aging parents or relatives with disabilities, and families headed by lesbian, gay, bisexual or transgendered persons. If you require a work accommodation to care for an immune compromised person based on COVID, your employer has a duty to accommodate you, up to the point of undue hardship. The accommodation does not have to be perfect. If you need assistance navigating this situation, you should contact the Human Rights Legal Support Centre or an employment lawyer who can advise you on your particular situation.

A: This is a good question. There isn’t much clarity and this stage about what happens to individuals who are currently on EI and nearing the end of the benefit and how the new programs like the CERB will apply to them. And I am unsure how this is further impacted by your immigration status. I will be hosting a Q&A with immigration lawyer this week and will be sure to pose this question to her.

From Sarah: Question many likely find themselves with — I voluntarily left my employer and accepted employment elsewhere set to start next week. My start date has been postponed by 1 month, possibly more. due to COVID-19. Would I qualify for CERB since I am without work and pay now to no fault of my own? I have a signed letter from my new employer stating this situation that I can provide to Service Ontario.

A: If you have a job offer that shows you were due to start work and this job is temporarily suspended due to COVID, you might still qualify for CERB as CERB applies to wage earners, as well as contract workers and self-employed individuals who would not otherwise be eligible for Employment Insurance. You may wish to first speak to Service Canada or simply apply and see how they manage your situation.

Part-time employees/Contract workers

From Mya: I am a part-time employee at Tim Hortons. Because of the pandemic, my hours have been cut short. Would I be eligible for EI? Also, am I able to get paid more since I work during this time while my life is at risk?

A: The Finance Minister announced and increase to the temporary wage subsidy for Employers, so this might help your Employer pay you for hours that have been cut. Regarding ‘premium pay’ or ‘risk pay’ to increase your hourly rate because of COVID, this decision would be fully within your Employer’s discretion. It is not required by law.

From Roy: I have two part-time jobs, one of which I currently am not getting any income from because of COVID-19. Would I be eligible for EI?

A: Yes. Workers who are still employed but are not receiving income because of disruptions to their work situation due to COVID-19, qualify for the CERB.

From Allan: I work part time at a golf course from May to October. If the golf course does not open am I entitled to EI or any other benefit?

A: The CERB applies to contract workers and self-employed individuals who would not otherwise be eligible for Employment Insurance (EI). If the course does not open in May due to COVID related reasons, then you should be eligible for the CERB.

From Ana: Good morning, I am on contract but I am afraid to go back to work next week since I work with vulnerable people but the services offered by the Agency are not essential. Can I refuse to work under health issues and apply for EI? If yes, what should I do, say to my workplace?

A: If your Employer falls under the list of essential work, your work refusal would have to be based on a reasonable and credible safety threat to you or the people you serve. Without this, it is unlikely that you would be eligible to simply quit and apply for EI.

From Ron: I’m a 60 year old contract truck driver for Canada Post. I pick up and deliver bulk mail to 5 post offices. Two days ago I was informed that the rural route driver at 1 location on my run was sent home for 14 days for quarantine. I feel very vulnerable at this point. I dont want to quit ,but l am concerned about my health moving forward. What are my rights or options?

A: You are able to refuse unsafe work. But this work refusal needs to be reasonable and you need to have a genuine belief that the physical condition of the workplace is likely to endanger you. If you are worried about your health and safety because Canada Post is not taking steps to limit your chance of contracting COVID, then you should first speak to your employer (or union rep) and then contact the Minister of Labour’s Ministry of Labour Health & Safety Contact Centre.

From Janaki: Hi, My name is J. Sharma. I was working as a nurse (RPN) in two nursing home. One for 15 hrs/week and another 30 hrs/week. Because of Covid 19 safety concerns, I was asked to choose only one place and I left the place with 15 hrs/week. Thus, my income is compromised now. Am I eligible for CERB? Thanks

A: I believe so. The CERB applies to workers who are still employed, but are not receiving income because of disruptions to their work situation due to COVID-19. So you might qualify. It is best to determine your eligibility by contacting Service Canada.

From Avie: What happens if I apply for CERB and I get a job in a month? Thank you!

A: First, that would be amazing if you found a job and I wish this for you! Second, if you get a job, I do not believe you would remain eligible for the CERB. The CERB is meant to assist workers who are still employed, but are not receiving income because of disruptions to their work situation due to COVID-19.

From Anne: I have made well over $5,000 in the 2019 year (500 insurable hours) And paid into EU contributions and was laid-off due to no fault of my own, in December (shortage of work). I am classified as a contract worker and have had multiple interviews but did not secure employment in time because of COVID-19. Will I qualify? I was also doing odd cash jobs but now events are cancelled in April.

A: The CERB is available to contract workers and self-employed individuals who would not otherwise be eligible for Employment Insurance benefits, so you might qualify. It is best to determine your eligibility by contacting Service Canada.

Already on EI

From Elias: My question is what if you’re currently on EI and the benefit is more than the EI. Do we also qualify for this? Also I was supposed to go back to work this month but now what happens to my EI?

A: This is one question I am still trying to get the answer to as it remains unclear. It is best to contact EI to obtain information about your particular situation.

From Wanda: I live in an area of northern Ontario and my work is largely seasonal. I have been on EI and received my final cheque Mar. 1. I’ve been applying to jobs hoping to land one for the summer tourist season but I’ve been told that because of COVID-19, hiring has been put on hold. For now, can I apply for EI?

A: It’s best to contact Service Canada to obtain an answer. It is still unclear to me how the newly announced CERB benefits would operate for those who have received EI either through loss of job or maternity leave. Hopefully more details will be available soon.

From Andrew: My spouse is currently on EI, but her benefits are expiring soon, is she eligible for an extension or any further support now that it is going to be increasingly hard to find work? Thank you in advance.

A: This is one question I am still trying to get the answer to as it remains unclear. As difficult as it may be, it is best to contact EI directly to obtain information about this particular situation

From Laura: I was on EI paid apprenticeship, in my last two weeks of classes when my employer closed due to the non-essential service shutdown. So I’ve been laid off, but I’m on EI, but that runs out this week for the training (Course ends), and only has three more weeks of regular benefits left. I applied for EI as laid off, but the government says that CERB will be given to people not already on EI. I am on EI, but not for being laid off. I can’t reach service Canada though I’ve called for days. Am I going to get the CERB because of this or am I going to be stuck with EI (much lower than the CERB?)

A: According to the government, Canadians who are already receiving EI regular and sickness benefits as of today would continue to receive their benefits and should NOT apply to the CERB. Canadians who have already applied for EI and whose application has not yet been processed would not need to reapply for CERB. And Canadians who are eligible for EI regular and sickness benefits would still be able to access their normal EI benefits, if still unemployed, after the 16-week period covered by the CERB.

Laid-off employees

From Isabelle: I was laid-off from my full-time-job due to this outbreak. How can I apply for EI? I’ve been online for over an hour on Service Canada but the site won’t load and all the landlines are busy. I have bills to pay.

A: As you know, millions of Canadians are in the same situation as you and accessing the EI site/phone lines at the same time. The government employees are doing the best they can in handling the volumes. Keep trying – we will all have to exercise patience and understanding at this difficult time.

From Sue: What are my rights should the layoff period extend beyond 6 months?

A: The Employment Standards Act (ESA) has a lay-off provision, which allows Employers to temporarily lay-off a worker for a maximum of 35-weeks when certain conditions are met. If the lay-off lasts longer than the prescribed period under the ESA and you are not recalled, then your employment would be terminated, and you would be entitled to a severance package. I am not sure about what you are asking in your second question. Please clarify and resubmit if possible.

From Krystyna: I just heard about the Emergency Wage Benefit being introduced to those who are laid off. Initially when I thought I would only be eligible for EI I was extremely worried, because I barely survived on my income as a full-time server. Then the CERB was announced and I breathed a sigh of relief, because it would allow me to pay all my bills, buy food, etc. Now the EWB is introduced, but that means tipped workers (who make less than minimum) will lose 25% of their (usually quite small) paycheque plus all tips. It’s unreal, I feel at a loss, and don’t know who to talk to. Can’t get ahold of anyone at EI or Service Canada. Do you have any insight into what you think will happen with laid off servers/bartenders?

A: Sadly the question about how tips are managed is a question for Service Canada. If your tips were claimed in your earned income, then it is likely that the tips will be used in the calculFrom Andrew: As a small business owner, we’re not sure if financially were still able to keep our full-time staff on payroll , even with the recent update of the 75% wage subsidy. Our employment contracts never had a temporary lay-off clause. I wanted to know your thoughts on the legalities of lettings employees go at this time due to COVID and if there are other legal alternatives to temporary lay-offs (ie. drastically reducing working hours with no pay?) A: These are tough times for many businesses and as a small business owner myself, I sympathize. Whether a worker, who has been laid-off because of COVID-19, can claim constructive dismissal is being hotly debated in employment law circles. Those who argue that a worker can claim constructive dismissal rely on legal precedents (i.e. previous case law) where the constructive dismissal doctrine has been developed and refined. But we find ourselves in *unprecedented* circumstances. And because constructive dismissal is a common law (i.e. case law) remedy, a Court would be required to take a contextual analysis, balancing the interests of the employee, employer and the public at large. Over 1-million people applied for EI benefits in March, many due to lay-offs. And I would suspect that the majority do not have a contractual provision allowing a temporary lay-off. In addition, many of these workplace closures were government mandated shutdowns, regulatory shutdowns, or financial slowdowns related to COVID. For this reason, I believe that a strict application of the constructive dismissal doctrine by Canadian Courts during COVID-19 would create far more chaos in the legal system than not following previous precedents. The ESA provides for temporary lay-offs so provided that the employee is recalled to work within the prescribed time, I think your risks of a successful constructive dismissal complaint are low. But do get advice from an employment lawyer who can review your particular situation (your contracts, worker tenure, type of work etc.) and advise you properly. This is just my 2-cents.ation of the CERB payment. But if the tips were ‘under the table’ there is no record of these earnings, so you may be out of luck on getting compensation for tips.

From M: Hi, I am currently being paid 70% of my wage and will be laid off at the end of the week. I work in finance and have worked for this company for 9 years. 80% of the staff working in Ontario have been temporarily laid off due to the 14 day shut down of non-essential services. My company has advised me to apply for EI and wait to be re-hired when the economy picks up and the 14 day shut down is lifted. What are my rights as an employee? Do they owe me a layoff package? If I am re-hired, legally, do they have to honour my current salary compensation or are they able to hire me at a lower renumeration? Is my original employee contract void?

A: First, I am truly sorry about your situation as I know it is not easy. The Employment Standards Act (ESA) does have a lay-off provision, which allows Employers to temporarily lay-off a worker for a maximum of 35-weeks when certain conditions are met. There has been much discussion by some of my employment law colleagues about these temporary lay-offs being constructive dismissal in situations where your written employment contract does not state that you can be temporarily laid off. I believe that given the unprecedented situation many companies and employees find themselves in, and the public interest having some semblance of order during times like these, lay-offs that are due to government mandated work shutdowns or COVID financial impacts would NOT be considered constructive dismissal across the board. Therefore, in these circumstances, if you were recalled after the lay-off, I don’t think you would be entitled to a lay-off/severance package. However if the lay-off lasts longer than the prescribed period under the ESA or if your employer offered you a substantially lesser job (permanently) upon your return to work, then you may be able to consider your employment as terminated and be entitled to a severance package. These situations are determined on a case by case basis. So you are best to consult with an employment lawyer for advise on your particular situation.

From Anton: I was terminated from job in February, when I was on probation. I am depressed person , and diagnosed. I worked one company for 15yrs. They did not support my sickness but only allow to go short term disability, so I went short term disability and back to work on Oct last year. After that my doctor says to go half time work and other half day go to long term disability. Previous year I applied same way but The financial company did not approve it because they told long term disability means total disability so I am not eligible for part time. So my doctor also advice to see other employment because work environment also impact your health. Therefore I decided to move another company. There I experience stress and I did not do well so they terminate. Can I file case in term of discrimination? I am kind of disable person is it possible to file a case and allow to apply short term disability in the new company?

A: Whether you have a case of discrimination is a fact-based analysis and you are best to get advice from an employment lawyer. I cannot offer advice in the Q&A only information. Note that simply because you were fired with a disability is not discrimination under Ontario laws. Your firing has to be wholly or partially *because* of your disability (i.e. the disability has to be the trigger). You may wish to consult the Human Rights Legal Support Centre for guidance.

From Lisa: I was temporarily laid-off from my job on Monday due to COVID-19. I applied for EI the same day. How long does it take? Do I need to keep applying because the government only announced it Wednesday? I can’t find the clarification I need.

A: You should not be continuing to apply to Service Canada. They are extremely backlogged and if each person were to submit additional applications, it will make the situation worse. The CERB will be accessible through a secure web portal starting in early April. So hold tight and stay tuned.

From Mat: On March 23 my employer informed employees of a 10% salary reduction that would last at least 8 weeks. The next day (the day after the premier called for the closure of non-essential businesses) we were laid-off until further notice, sent an ROE and instructed to apply for EI. There was no mention of severance. I have worked there for about 13 years and most of my team works remotely. We publish exclusively online, however there is office and administrative staff. If we are not called back to work what are the rules regarding severance and would it be considered a “structural termination?”

A: The Employment Standards Act (ESA) does have a lay-off provision, which allows Employers to temporarily lay-off a worker for a maximum of 35-weeks when certain conditions are met. If you were recalled after the lay-off, I don’t think you would be entitled to a severance package. However if the lay-off lasts longer than the prescribed period under the ESA and you are not recalled, then your employment would be terminated and you would be entitled to a severance package. These situations are determined on a case by case basis. So you are best to consult with an employment lawyer for advise on your particular situation.

From Melissa: Will workers who received a temporary lay-off due to COVID-19 and applied for EI Regular Benefits within the last two weeks receive the $2,000/month CERB?

A: I believe so. The CERB replaced the previously announced Emergency Support and Emergency Care benefits that were introduced to address COVID related job loss and income reduction.

From Bridgit: I was “laid off” on Friday last week. I am GM of this company and have worked there for 3+ years. I was lead to believe they were letting everyone go and the business owners would be handling the remaining business themselves. However I soon realized that they had kept the other employees to continue the work and had only laid me off, I’m assuming since I was the highest paid. They never offered a severance or termination pay. I’m wondering what my rights are here and what would be the next move?

A: The Employment Standards Act (ESA) does have a lay-off provision, which allows Employers to temporarily lay-off a worker for a maximum of 35-weeks when certain conditions are met. If you are recalled after the lay-off, I don’t think you would be entitled to a severance package. However, if the lay-off lasts longer than the prescribed period under the ESA and you are not recalled, then your employment would be terminated, and you would be entitled to a severance package. These situations are determined on a case by case basis. So, you are best to consult with an employment lawyer for advise on your particular situation.

From Jeff: 17 employees got laid off last Friday via email with no notice. Employers stated it was due to shortage of work and that they are keeping a skeleton crew on only. I have over 30 years service with the company and I had lots of work left to do at my station. Is it legal firstly to lay off with no notice and/ or to temporarily lay off in these conditions with the Corona Virus looming. Ontario government list of essential companies is so vague that the company remains open. What, if any of the 75% subsidies are the laid off employees going to receive. Sure, we’ve all applied for EI but the maximum amount won’t even pay our mortgages. So, what I‘m asking is what can the government offer to the middle class? After all these years of paying, paying, paying...we need help!

A: Good question. I know these are difficult times for many and the government is announcing ways to help impacted Canadians regularly. The Employment Standards Act (ESA) does have a lay-off provision, which allows Employers to temporarily lay-off a worker for a maximum of 35-weeks when certain conditions are met. There has been much discussion by some of my employment law colleagues about these temporary lay-offs being constructive dismissal in situations where a written employment contract does not state that you can be temporarily laid off. I believe that given the unprecedented situation many companies and employees find themselves in, and the public interest having some semblance of order during times like these, lay-offs that are due to government mandated work shutdowns or COVID financial impacts would NOT be considered constructive dismissal across the board. The CERB and the temporary wage subsidy have been created and enhanced to address these uncertain times. If you are not recalled after your lay-off, you may wish to speak with an employment lawyer who can advise you of your options.

Students

From Donald: With (online) classes ending soon, many students that require part-time employment during the summer, or are graduating, will be looking for work. […] Will we be eligible for this? Very nervous not knowing what support I will have after the semester ends. Thank you for any insight you can provide.

A: Unfortunately, you don’t qualify for the CERB as this program is meant to address people who have lost the income they were receiving because of COVID. But new programs are being announced daily to assist impacted Canadians. Effective March 30, the government has placed a six-month interest-free moratorium on the repayment of Canada Student Loans for all student loan borrowers. No payment is required, and interest will not accrue during this time. Students do not need to apply for the repayment pause. And continue to stay tuned – new supports are regularly being announced by the government. And remember that though many industries are impacted negatively (and have closed) because of COVID many are open and are hiring (including in high skilled jobs.)

From Qasim: Hi there — I am a full-time student working a contracted part time job, which ends in the beginning of April. I do not think I will be eligible for EI because my hours are likely not insurable, but due to the COVID-19 outbreak — I an unable to locate employment and need financial support for my bills and my family. Would I be eligible for CERB?

A: The CERB applies to contract workers and self-employed individuals who would not otherwise be eligible for Employment Insurance benefits, so you might qualify. It is best to determine your eligibility by contacting Service Canada.

From Valerie: I’m currently finishing up my last year of university and I’m a full time student. I’m in the last few weeks of an unpaid internship for school credit, doing a final year thesis project and don’t have a paying job due to my busy schedule. I was even having trouble finding a part time job before the closures due to the virus. I have no foreshore income and had to rely on savings. Since I wasn’t employed before (I held consistent jobs throughout 2019 though) would I be eligible for EI?

A: The CERB appears to apply only to those who have lost their income due to COVID related reasons. Therefore, I don’t believe the CERB would apply to you if you didn’t lose income from work due to COVID. Effective March 30, the government has placed a six-month interest-free moratorium on the repayment of Canada Student Loans for all student loan borrowers. No payment is required, and interest will not accrue during this time. Students do not need to apply for the repayment pause. Note also that announcements are being made daily about supports for Canadians and in the coming days and weeks, there might be further clarity about programs and/or services available to assist students and new graduates.

From Tom: My child is a full time student who is turning 18 years old in May and works part time at our local sports facility and was notified prior to March break that it was stopping all programming until the end of April. She gets paid via electronic deposits and nothing is deducted from her pay for EI or Can Pension. Does she qualify for any government implemented plans or assistance?

A: She might qualify for the CERB. The CERB applies to wage earners, as well as contract workers and self-employed individuals who would not otherwise be eligible for Employment Insurance.

From Carla: What benefits will be available to graduating students that have been working at placements for free and are in the process of seeking employment?

A: Currently the CERB is only available to those people who have lost their income due to COVID related reasons. Therefore, I don’t believe the CERB would apply to you if you didn’t lose income from work due to COVID. Effective March 30, the government has placed a six-month interest-free moratorium on the repayment of Canada Student Loans for all student loan borrowers. No payment is required, and interest will not accrue during this time. Students do not need to apply for the repayment pause. Note also that announcements are being made daily about supports for Canadians and in the coming days and weeks, there might be further clarity about programs and/or services available to assist students and new graduates.”

From Nicole: I am a student who is graduating in May. I am on a work contract right now, working approx. 8-15 hours a week and have been for the duration of my studies. However, my contract is up on May 1 and all of my prospects for a job have fallen through including meetings, interviews, email chains etc. I will be without employment or income, and without a job May 1, how will I pay my bills? Will CERB apply to me?

A: Unfortunately, you don’t qualify for the CERB as this program is meant to address people who have lost income because of COVID. That said, new programs are being announced regularly to assist impacted Canadians. Also effective March 30, the government has placed a six-month interest-free moratorium on the repayment of Canada Student Loans for all student loan borrowers. No payment is required, and interest will not accrue during this time. Students do not need to apply for the repayment pause. And remember that though many industries are impacted negatively (and have closed) because of COVID many are open and are hiring (including in high skilled jobs).

Child-care

From Bob: I recently filled out EI for five weeks of paternity leave. With day cares closed, I may need to stay home after this period. What should I be doing in that case with regards to CERB?

A: The CERB would cover working parents who must stay home without pay to care for children who are at home because of school and daycare closures. You should contact EI about how to convert your current benefits to the CERB.

From Camilo: My wife is pregnant (she’s in her 5th month). We both, work in at the same company, which is still open (and probably won’t shut down). We don’t feel secure since we commute by bus everyday and the company has not take so much healthy measurements.

A: This is a question I don’t yet have the answer: how the CERB will interact with maternity leave benefits is not yet clear. But announcements are being made daily, so I have no doubt we will have answers in the upcoming days and weeks. Note, that your wife can apply and receive EI maternity benefits as early as 12 weeks before her due date.

From Shipla: Hi, my name is Shilpa Patel. I am a full time student with OSAP. I have two sons, who are currently at home, due to school closure, which is why I cannot attend work. So, my question is that am I eligible for the Emergency Care Benefit?

A: The CERB covers working parents who must stay home without pay to care for children who are sick or at home because of school and daycare closures. So if you cannot work because you are taking care of your sons, you should qualify for the CERB.

From Danielle: Hello, my husband and I are both essential. We have a 15 month old daughter that we have been alternating care for. We have no other childcare options. He earns substantially more than I do so we are struggling with essentially half his income. I am considering staying home to take care of our child and possibly collecting EI to allow him to work full time. The issue is that I am a nurse. Do I have the same rights as others or is there special legislation that would mandate me to continue working. I am happy to volunteer my time at home or when available.

A: Any rights with legislation aimed at the regulation of nurses would be balanced by the Human Rights Code, which provides accommodation to workers based on family status. Note also that the CERB is available to working parents who must stay home without pay to care for children who are sick or at home because of school and daycare closures.

From Sid: Due to child care closure, my toddler child is home since then and I’ve to take off since then(no remote work available). I’ve already used my paid sick days. Would I be eligible for CERB or I’ve to use my 2 weeks vacation days? Can I opt unpaid days ( retaining my vacation and personal days) and apply CERB? Thanks.

A: The CERB covers working parents who must stay home without pay to care for children who are at home because of school and daycare closures or because the children are sick. So you should apply to the CERB.

Permanent residents/Immigrants/International students

From Mukarram: I am a newly arrived immigrant in Dec 3rd week 2019. Myself and wife got our offer letters in March but our joining dates now have been extended indefinitely until further notice. I am unsure if CERB applies to me ? We don’t qualify for EI and technically never were employed. It’s very concerning as we are running out of our savings.

A: I am sorry to hear about your situation. It is true that you would not qualify for EI or the CERB. But stay-tuned. This is a rapidly changing situation and new programs are being announced regularly to assist impacted individuals.

From Lawrence: I’m on a fixed 3-year work permit valid for a specific job and employer. I have been in Canada for just over two years. My PR decision isn’t due for another 30 days. If I am furloughed (kept on but not paid), would I be entitled to EI?

A: I am unsure of the answer to this question. But I will be hosting a Q&A with immigration lawyer from Ackah Business Immigration Law this week and will be sure to pose this question to her.

From Gabriela: I’m an international student in Vancouver. I have been here for seven months and have been working for a month, but my hours have suddenly decreased during the COVID-19 pandemic. Can I apply for any of the benefits the government is offering? I am a single mother of two children and I paid for all my studies and the expenses of my family here in Canada.

A: That’s a great question and better answered by an immigration lawyer. I will be hosting a Q&A with immigration lawyer from Ackah Business Immigration Law this week and will be sure to pose this question to her.

Employers/Businesses:

From Bob: I am a self-employed Ontario corporation with one ‘employee’ and that’s me. All my clients are in the US and they’ve stopped buying anything. I sell marketing services and I work from home, here in Ontario. Would I qualify for the new EI benefits Trudeau is launching?

A: The CERB applies to wage earners, as well as contract workers and self-employed individuals who would not otherwise be eligible for Employment Insurance.

From Kelli: Thank you for this. I own with a partnership (not incorporated) a small senior care company. More than 75% of our clients are in long term care or retirement homes so we are unable to visit at this time. Our employees (13), work hourly, some almost full time but most part time. Some have chosen to go on EI as they do not have any client hours at this time. 3 of us continue to work very part time to support our clients who are in their own homes without family support. We have chosen to spread these clients out between the 3 staff to limit the exposure. Our incomes are extremely reduced but we are still working with a few who need us. How do we access support? Do we need to stop seeing clients who need us to qualify? We are down to working about 10 hours/week.

A: Thank you for your question. The newly enhanced Temporary Wage Subsidy might help you and your colleagues. It provides small and medium businesses affected by COVID-19 with a wage subsidy of 75%. Details about this program and how it works will be released today.

From Mike: I am a consultant, self employed (ltd) business only employee. This is the beginning of my 2nd year in this set up. Have filed personal taxes but not yet for business. How should i file — as a business or individual (income is essentially nil during this stretch.) Is it better to file for staying home with my 2 kids (my wife is a teacher who is getting paid) does that change that option (since she’s home?) Thanks for doing this — I am totally confused.

A: You are best to speak to Service Canada and your financial professional (i.e. accountant) as I am unsure the impacts of filing as a business or individual (or whether this option is even possible). But I do know that the CERB applies to self-employed individuals who would not otherwise be eligible for EI.

From Andrew: As a small business owner, we’re not sure if financially were still able to keep our full-time staff on payroll , even with the recent update of the 75% wage subsidy. Our employment contracts never had a temporary lay-off clause. I wanted to know your thoughts on the legalities of lettings employees go at this time due to COVID and if there are other legal alternatives to temporary lay-offs (ie. drastically reducing working hours with no pay?)

A: These are tough times for many businesses and as a small business owner myself, I sympathize. Whether a worker, who has been laid-off because of COVID-19, can claim constructive dismissal is being hotly debated in employment law circles. Those who argue that a worker can claim constructive dismissal rely on legal precedents (i.e. previous case law) where the constructive dismissal doctrine has been developed and refined. But we find ourselves in *unprecedented* circumstances. And because constructive dismissal is a common law (i.e. case law) remedy, a Court would be required to take a contextual analysis, balancing the interests of the employee, employer and the public at large. Over 1-million people applied for EI benefits in March, many due to lay-offs. And I would suspect that the majority do not have a contractual provision allowing a temporary lay-off. In addition, many of these workplace closures were government mandated shutdowns, regulatory shutdowns, or financial slowdowns related to COVID. For this reason, I believe that a strict application of the constructive dismissal doctrine by Canadian Courts during COVID-19 would create far more chaos in the legal system than not following previous precedents. The ESA provides for temporary lay-offs so provided that the employee is recalled to work within the prescribed time, I think your risks of a successful constructive dismissal complaint are low. But do get advice from an employment lawyer who can review your particular situation (your contracts, worker tenure, type of work etc.) and advise you properly. This is just my two cents.