EI sickness benefits extended to 26 weeks

Summary#

This Order brings parts of the Budget Implementation Act, 2021, No. 1 into force on December 18, 2022. In practice, it makes the main change that extends maximum Employment Insurance (EI) sickness benefits from 15 weeks to 26 weeks, and it brings related changes to job-protected unpaid medical leave.

What it does#

• Fixes December 18, 2022 as the day certain provisions of the Budget Implementation Act, 2021, No. 1 come into force.
• Activates changes to the Employment Insurance Act that:
  • Increase the maximum weeks of EI sickness benefits from 15 weeks to 26 weeks for eligible workers.
  • Apply the change to both insured employees and self‑employed people who have registered for EI special benefits.
• Triggers related provisions (sections 340 to 344) of the same Act to come into force on the same date.
• Brings corresponding amendments to the Canada Labour Code into force that:
  • Extend unpaid medical leave from 17 weeks to 27 weeks for federally regulated employees.
  • Add quarantine as an accepted reason for taking up to 27 weeks of unpaid medical leave.
• Leaves the existing EI income‑replacement rate in place: 55% of average weekly insurable earnings, up to $638 per week (2022 figure).

Who's affected#

• Workers who need longer time off for illness, injury, or quarantine — including both employees and self‑employed people who opt into EI special benefits.
• Federally regulated private‑sector employees (about 945,000 people, roughly 6% of Canadian employees) who are covered by the Canada Labour Code.
• Around 19,000 federally regulated private employers and Crown corporations.
• The government programs that administer EI claims (for example, Service Canada and Employment and Social Development Canada).
• The source estimates roughly 169,000 Canadians could need the extra weeks; in 2020–2021 there were 450,350 EI sickness claims and about $2 billion paid in sickness benefits.

Why it matters#

• More people can receive income support while recovering: the maximum EI sickness benefit period nearly doubles from 15 weeks to 26 weeks, which can matter for longer illnesses or recovery periods.
• Federally regulated employees get more job‑protected unpaid medical leave (now 27 weeks) and can take that leave for quarantine as well as illness or injury.
• The change mainly helps lower‑ and middle‑income workers and the self‑employed who may not have paid sick leave at work.
• The Order sets a clear start date (December 18, 2022) so individuals and employers in scope can plan for the longer benefit and leave periods.