EI eligibility and LTD

Can you apply for EI if your employer terminates your employment while you are on LTD? Meaning that you haven’t been at work for couple of years. Then you are terminated getting LTD payments or maybe even not getting LTD payments. Are you eligible for EI in this case?

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Doesn’t seem like it:

If you were terminated before 2 years, you might be able to sue.
I would get the free consult.

Thank you. Looks like there is an eligibility period of a year or two.

But it’s not right. You should be able to receive EI if you are terminated while you are on sick leave.

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One of the requirements is a person needs to be actively looking for work and a person on sick leave is sick.

You are able to collect EI for 15 weeks . I am on EI and I am unable to work or look for work . But I haven’t been terminated from my work , so not sure how that works with you . But you did get terminated due to being off sick so I don’t see why you couldn’t collect your 15 weeks EI.

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If you cannot work because of sickness, injury or quarantine, but you would otherwise be available to work, you could be eligible to receive up to a maximum of 15 weeks of EI sickness benefits.

I don’t know how that works if a person is on LTD.
I don’t think a person would get 2 payments.

Are you on LTD? You probably on EI sickness benefits.

All I know is they told me to select the unavailable for work option which I pick Monday - Friday every time .

I am on CPP disability

I should’ve applied for EI after 6 month on sick leave. But I got LTD so I didn’t apply for EI. Now I am thinking that I could’ve got both EI and LTD. It’s too late to do so now.

Same with me.
I hope @David_Brannen comments on this thread, I wonder if anyone received LTD and EI Sick Benefits at the same time.

You can’t receive both EI Sickness and LTD benefits for the same month – this is based on the EI regulations and legislation.

If there is a retroactive LTD payment for months a person received EI Sickness payments, then the EI would need to be paid back. Normally there is no overlap between EI Sickness and LTD because the EI Sickness is paid during the LTD waiting period.

David Brannen

Disability Lawyer with Resolute Legal

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Thank you David. Your response is very helpful.

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What if I have paid all premiums of my LTD plan in full myself, then it does not count as WLRP. therefor EI people shouldn’t deduct it from my EI payments.Am I right?

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I doubt it matters who paid the premiums.
I would think you can’t get EI while you get income from a wage loss replacement program.
I am not a lawyer though.

You are right about that but the point is when you pay premium of the plan that plan is not anymore wage loss replacement plan as it says clearly on government of CANADA web site in definition of wage loss replacement plan.

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You pay premiums for LTD and you are currently getting EI but the EI amount is based on your salary after your LTD premiums are deducted and you think it should be based on the salary before the LTD premium is deducted?