Re: Bill C38 - break it up!
Gary,
No, that's not the same as seasonal layoff. What you are referring to is called "Lay Days". Lay Days are days that the worker is off work, however he is considered as not unemployed. EI does not pay for those days.
How lay days are determined is mainly a function of the hours worked during a cycle. Suppose a work cycle is three weeks: 14 days working 10 hours, followed by seven days off. During that 21-day period, the worker will work 140 hours, for an average of almost 47 hours per week. Since that exceeds the number of hours that would normally constitute a full work week, then the lay week is considered a part of that cycle and therefore not payable. This is most common in the oil industry, mining, on a boat (i.e. Coast Guard), and in forestry, and generally where the work is in a remote location.
If an employee works 14 straight days and is then laid off during the three-week cycle, then he is entitled to benefits only after the end of the third week of the cycle. On the Record of Employment, the employer would be instructed to put the end date of that cycle as being the last day for which paid.
Seasonal layoff is more a function of the environment, which can sometimes include a boat being tied up for several weeks for a variety of reasons causing a shortage of work. During some times of the year, there could be seasonal layoffs due to fishing restrictions, weather, construction, etc.
Hope that clears things up...
Jordan
Originally posted by Gary Ruben
View Post
No, that's not the same as seasonal layoff. What you are referring to is called "Lay Days". Lay Days are days that the worker is off work, however he is considered as not unemployed. EI does not pay for those days.
How lay days are determined is mainly a function of the hours worked during a cycle. Suppose a work cycle is three weeks: 14 days working 10 hours, followed by seven days off. During that 21-day period, the worker will work 140 hours, for an average of almost 47 hours per week. Since that exceeds the number of hours that would normally constitute a full work week, then the lay week is considered a part of that cycle and therefore not payable. This is most common in the oil industry, mining, on a boat (i.e. Coast Guard), and in forestry, and generally where the work is in a remote location.
If an employee works 14 straight days and is then laid off during the three-week cycle, then he is entitled to benefits only after the end of the third week of the cycle. On the Record of Employment, the employer would be instructed to put the end date of that cycle as being the last day for which paid.
Seasonal layoff is more a function of the environment, which can sometimes include a boat being tied up for several weeks for a variety of reasons causing a shortage of work. During some times of the year, there could be seasonal layoffs due to fishing restrictions, weather, construction, etc.
Hope that clears things up...
Jordan
Comment