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If you have to leave work because of your health and have contributed to Employment Insurance benefits, you should apply for Employment Insurance. To be eligible for Employment Insurance sickness benefits, you must be medically unable to work, have contributed into the EI account, and worked the required number of insurable hours. You must have worked at least 600 (this number changes depending on where you live and what the employment rate of that area is) insurable hours in the last 52 weeks, or since your last claim. You may be eligible for up to 15 weeks of financial benefits at 55% of your income, to a maximum of $413/week.

While many people with HIV are intimidated by speaking about their problem, it is important to remember that in order to get answers, you have to ask questions. If you have questions that arenât answered below, it would be a good idea to contact Employment Insurance directly at 1 800 206 7218 or by using the information we give at the end of this chapter.

Employment Insurance (EI) is a Federal program, administered through Human Resources Development Canada. EI benefits are available to people who have lost their job through no fault of their own (i.e. not being fired or quit), cannot find work, and have contributed to the Employment Insurance program. It is a "contribution-tested" program, and is not influenced by any of your liquid or acquired assets. There are two EI benefits programs - regular benefits, and special benefits including maternity, parental leave and sickness benefits. Most PHAs apply for EI sickness benefits, or "EI Sick".

Once your claim is received, the EI office will begin processing. The first two weeks following your date of leaving work are considered a waiting period, and no benefits will be paid for this period. EI sickness benefits are paid for a maximum of 15 weeks (depending on what your doctor indicates on the medical, if you can return to work earlier, your claim may be shorter), and your first payment is usually received about four weeks after applying. However, if a person stops work due to illness and receives paid sick leave from their employer after their last day of work, the waiting period is waived, and does not need to be served before benefits begin.

Every two weeks you must indicate if you have earned any income. Any money earned while receiving EI sickness benefits is deducted dollar for dollar from the EI sickness benefits you are entitled to. You can report any earnings or changes in your circumstances by either completing the EI reporting cards, or filing the same information with the EI "Tele-dec" system. Benefits can be sent by cheque or directly deposited into your account.

EI benefits will end either when you return to work, or when you have received all of the sickness benefits you are entitled to. If you have no job to return to upon recovery, you may be eligible for regular EI benefits at that time. However, you will need to establish that you are ready, willing and able to accept employment in order to receive EI regular benefits.

If you are leaving work due to ill health, you will need to notify your employer, and provide them with basic documentation (i.e. a letter) from your physician stating that you are ill. Your doctor does not have to state in the letter to your employer what your health problem is (nor do you have to tell your employer what your medical problem is). Your employer will provide you with your Record of Employment (ROE), indicating your insurable earnings and hours over the last 52 weeks or since your first day of work, whichever is shorter. If you have more than one ROE (because, for example, you have worked for more than one employer within the last 52 weeks), you must attach all your ROEs to your application because they will be required to calculate your claim for benefits. Your employer is supposed to give you an ROE within a week of stopping work. If your employer refuses or fails to provide an ROE, do not delay your application. Submit pay stubs with your application. Indicate to EI that you have tried to get the ROE and what you have done.

To apply for EI, you will need to complete a basic EI application form, and a special benefits form to specifically apply for EI sickness benefits. You can get an EI application from an HRDC office. Check the telephone directory under Human Resources Development Canada for the office nearest you. Your physician will also be required to complete a short medical, indicating your basic health concerns, and your expected recovery date.

You will need to return the application, medical form, and ROE to the local Human Resources Development Canada office. You will need to provide and/or show your Social Insurance Number (SIN) when you submit your application.

To be eligible for Employment Insurance sickness benefits, you must be medically unable to work but also be able to demonstrate that you would be otherwise available for work. Your doctor will need to indicate what are your medical limitations to perform your job. This can include HIV related symptoms.

Stating "HIV+" on the medical form without further details may not be considered sick enough, so speak to your doctor about what and how much information to include.

If you provide HRDC with all the information and documents they require when you apply, you should receive your first cheque within four weeks of the start date of your claim.

a completed EI application form; a completed EI Special Benefits form
your Social Insurance Number (SIN);
your Record of Employment (ROE). This is a form your employer must give you. It tells how long you worked and how much you earned with that employer.
a medical report form stating that you are unable to work, completed by your doctor.

Your EI sickness benefits will end automatically after the date your physician indicates you are capable of returning to work or 15 weeks of sickness benefits have been paid. However, if you return to work, or wish to return to work, you must advise your HRDC office. If you become well enough to work, but you cannot return to your previous employment (because of job closure, lack of work), you may be able to transfer your claim to EI regular benefits. The EI staff can confirm if you may be eligible to receive further benefits.

The basic benefit rate is 55% of your average insured earnings up to a maximum of $413 per week. If you are in a low-income family (a net income of less than $25,921) with children and you receive the Canada Child Tax Benefit (CCTB), you could receive a higher benefit rate. If you are eligible to receive this higher benefit, your entitlement will automatically be added to your EI cheque.

You have to report all work and employment earnings received while collecting Employment Insurance. Failure to do so could result in an "overpayment" being declared. You would have to pay back all monies from EI that you weren't entitled to. You also have to report any absence from the country, unless told by Employment Insurance staff member(s) that you don't need to do so.

If you are having problems with your EI application, you have the right to receive help in filing a claim. You can also appeal decisions about your benefits that you feel are unjust. You may want to talk about this with an EI staff member. This will provide you with an opportunity to offer any new information you have and will also clarify any questions surrounding the decisions. For further information on the Appeals process, contact your Employment Insurance office or see their brochure entitled Employment Insurance: Appealing a Decision, available from any Employment Insurance office.

Q:What can I do for income while I'm waiting to get my first EI cheque?
Many people apply for Ontario Works (welfare) to cover them while they wait for their first EI benefit cheque. If Ontario Works knows that you are waiting for an EI cheque, you will have to declare your EI benefits to Ontario Works, and they will deduct an equivalent amount from your Ontario Works benefits.

Q:I might still be too ill to work when my EI runs out. What can I do for income?
If you suspect you may still be ill when your EI benefits run out, it would be a good idea to apply for the Ontario Disability Support Program (ODSP). Many people apply for EI and ODSP at the same time. The waiting time for ODSP can be several months. You might even be approved for ODSP before your EI runs out, in which case you might not receive any financial benefit from ODSP, but might qualify for a drug card.

Q: Will EI pay for my medications?
No. Many people who are on EI, but don't have drug coverage, apply for the Trillium Drug Program.

Q: I left my job over a month ago. Is it too late to apply for EI?
No. If you can demonstrate that you left your job due to health problems (as verified by your doctor on the medical form) it is not too late to apply. You will only be covered for 17 weeks (15 weeks of payment), but the amount can be retroactive if you delayed in applying.

Q: Do I have to tell EI what's wrong with me?
No. Your physician will have to fill out a medical form that provides the date you became incapable of work and your expected date of recovery, and some basic medical facts.

Q: Will future employers find out that I was on EI with an HIV related health problem?
No, not unless you tell them.

Q: Will getting EI sickness benefits effect my getting EI benefits in the future?
No. If you work the required number of hours, you will be entitled to receive EI benefits in the future.

Q: Is there any way to extend my EI benefits?
If you are well enough to work at the end of your illness benefits, you may be eligible for regular EI benefits. However, you may have to participate in whatever job-search programs may be mandatory at that time. You would need to demonstrate (i.e. a letter from your doctor) when you were well enough to return to work, and demonstrate that you cannot return to your previous position because of no fault of your own (ie job closure, lay offs, etc.).

Q: My hours have been cut drastically at work. I'm still making some money, but not enough to pay my billes. Can I apply for EI benefits?
If you have 7 consecutive days of No Work and No Benefits then you can apply for EI. Your employer must issue a ROE for you to submit with your application. You must report any earnings to EI and they will adjust your entitlement accordingly.

To learn more about EI programs, you can contact the local HRDC office (look in the Federal section of the blue pages in your phone book), contact your local MP's office, or visit their web site at www.hrdc.ca and look under EI benefits.

We hope this information provided by the Ontario AIDS Network answers all your questions. If the section does not answer all your questions, and you have HIV/AIDS or are an individual or organization supporting someone living with HIV/AIDS, let our Benefits Expert answer your question. All responses are confidential. Click HERE to send your question.