Government of Canada / Gouvernement du Canada
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Employment Insurance Act (S.C. 1996, c. 23)

Act current to 2024-05-14 and last amended on 2023-06-22. Previous Versions

Marginal note:Week of unemployment

  •  (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.

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