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Working While on EI Sick Leave Canada: Returning to Work and Partial Capacity Rules

Updated

EI sickness benefits give you up to 26 weeks to recover from illness or injury. Working in a partial or reduced capacity during recovery is allowed under the Working While on Claim rules — provided you meet reporting requirements and are not considered fully recovered.

EI sickness benefits: the basics

Feature Detail
Weekly rate 55% of weekly insurable earnings
Maximum weekly benefit (2025) ~$668/week
Maximum duration 26 weeks
Waiting period 1-week waiting period before benefits begin
Medical requirement Medical certificate from licensed practitioner
CPP/EI deductions EI premiums not deducted from sickness benefits

To qualify: you must have accumulated 600 insurable hours in the past 52 weeks (or since last claim), and be incapable of working due to illness, injury, or quarantine.


Working in partial capacity during sickness EI

If you are recovering and your doctor approves reduced or modified duties before full recovery, you can work part-time while on EI sickness benefits.

How the Working While on Claim rules apply:

Same as regular EI:

  • Earnings below 90% of weekly insurable earnings → benefit reduced by $0.50 per dollar earned
  • Earnings above 90% threshold → excess deducted dollar-for-dollar

Key condition: You must remain partially incapacitated. If you are capable of full-time work, you should close your sickness claim.

Example: Partial return

  • Pre-illness insurable earnings: $1,000/week
  • EI sickness benefit (55%): $550/week
  • 90% threshold: $900/week
  • Part-time return earns $400/week
Earned EI reduction EI paid Total
$400 $200 $350 $750

Without part-time work, total would have been $550.


Graduated return to work (GRTW)

A graduated return to work is a structured plan involving you, your doctor, and your employer to incrementally increase your working hours back to full-time.

Typical GRTW schedule

Week Hours per day Days per week Notes
1–2 3–4 hours 3 days Initial assessment
3–4 4–5 hours 4 days Increased capacity
5–6 Full hours 5 days Return to full duties

During GRTW

  • You may still receive EI sickness benefits for weeks you are not working full-time, subject to WWC rules
  • Report all earnings to Service Canada biweekly
  • When your GRTW completes and you resume full-time hours: close your EI sickness claim by stopping to file biweekly reports

Employer duty to accommodate

Under human rights legislation, employers must offer accommodation (including GRTW) to the point of undue hardship. A reasonable employer should:

  • Accept a doctor-supported GRTW plan
  • Not require you to return at full capacity before your medical certificate allows
  • Maintain your original position or a comparable one

If your employer refuses reasonable accommodation, contact:

  • Your provincial human rights commission
  • Your union (if applicable)
  • An employment lawyer

Relapse and re-opening a sickness claim

If you return to work, close your EI sickness claim, and then experience a relapse of the same or a different condition:

  • You can re-apply for EI sickness benefits
  • The original illness vs. new condition matters: if it is a relapse of the same illness within a reasonable timeframe, Service Canada may apply the original claim’s insurable hours threshold rather than requiring a full new 600-hour accumulation
  • You need a new medical certificate for the new/relapsed illness period
  • Maximum total weeks per qualifying period: 26 weeks

Connecting sickness EI with other benefits

Short-term disability (employer plan)

Many employers have a group short-term disability (STD) plan paying 75–100% of salary for the first weeks of illness. Coordination: STD typically pays for weeks 1–13 (or as specified) and transfers to EI sickness benefits after STD is exhausted (using the EI waiting period waiver for STD-compliant plans). Check your group benefit plan for details.

Long-term disability (LTD)

LTD begins after the STD/EI sickness period ends (typically at day 90, 120, or 180 of disability). If you remain unable to work after 26 weeks of EI sickness benefits, LTD should be in payment. LTD pays until age 65 or recovery, whichever comes first. LTD is not administered by Service Canada — apply through your employer’s group insurer or a private policy.

CPP Disability (CPP-D)

For severe and prolonged conditions (expected to last over 12 months):

  • Apply for CPP-D while on STD/EI sickness benefits
  • CPP-D has a 4-month waiting period from disability onset
  • CPP-D approval takes several months — apply early
  • Overlap of CPP-D and EI results in overpayment — coordinate timing carefully

Reporting while on EI sickness

Same biweekly report requirement as all EI claims:

  1. Log into MSCA (My Service Canada Account)
  2. Complete biweekly questions including any earnings
  3. Confirm you remain unable to work full-time due to medical condition
  4. Report gross earnings from any part-time work performed

If you are fully recovered and return to work mid-claim: File your final biweekly report, indicate you have returned to work full-time, and close your claim. Do not continue filing reports once you are fully capable of work — overpayments will result.