e-4072 (Employment and labour)

The Government of Canada thanks the petitioners for sharing their views and notes the request to adjust EI eligibility for Canadians impacted by vaccine policies and allow workers who were suspended or dismissed to receive EI regular benefits. The Government recognizes the employment challenges that Canadians have faced during the pandemic.

A fundamental principle of the EI program is that claimants must lose their employment through no fault of their own to be eligible for EI regular benefits. The Employment Insurance Act stipulates that a claimant is disqualified (or disentitled) from receiving regular benefits if they have been suspended or dismissed as a result of their own misconduct, or if they have voluntarily left their employment without just cause.

With respect to unvaccinated workers, if an employer clearly communicated their vaccination policy and employees knew the consequences (such as the fact that they could be terminated, suspended or placed on leave without pay) if they did not comply, misconduct could be found for not complying with the employer’s policy and the claimant could be determined to be not eligible under the EI Act to receive EI regular benefits.

While each EI application is assessed on a case-by-case basis, employees not complying with their employer’s mandatory vaccination policy would typically not be eligible to receive EI regular benefits unless there are extenuating circumstances (e.g., valid medical exemption and employer unable to accommodate). This is not a change in policy or legislation, but reflects the existing legislative requirements to receive EI benefits. The Canada Employment Insurance Commission would determine if a client is entitled to EI benefits based on the facts provided by the employer and the employee.