Employment Insurance Act (S.C. 1996, c. 23)

Marginal note:Week of unemployment

• 11 (1) A week of unemployment for a claimant is a week in which the claimant does not work a full working week.

• Marginal note:Exception — no duties to perform

  (2) A week during which a claimant’s contract of service continues and in respect of which the claimant receives or will receive their usual remuneration for a full working week is not a week of unemployment, even though the claimant may be excused from performing their normal duties or does not have any duties to perform at that time.

• Marginal note:Exception — leave with deferred remuneration

  (3) A week or part of a week during a period of leave from employment is not a week of unemployment if the employee

  • (a) takes the period of leave under an agreement with their employer;

  • (b) continues to be an employee of the employer during the period; and

  • (c) receives remuneration that was set aside during a period of work, regardless of when it is paid.

• Marginal note:Exception — compensatory leave

  (4) An insured person is deemed to have worked a full working week during each week that falls wholly or partly in a period of leave if

  • (a) in each week the insured person regularly works a greater number of hours, days or shifts than are normally worked in a week by persons employed in full-time employment; and

  • (b) the person is entitled to the period of leave under an employment agreement to compensate for the extra time worked.