I was laid off and claimed the Canada Emergency Response Benefit. I was recalled to work but can’t go back because I have a child to take care of at home. My employer will terminate my employment because I refuse to come back. Am I still eligible to claim the CERB if I will be terminated? Even once daycares begin opening, can I still stay home to care for my child and claim CERB?Your question touches on two separate areas: eligibility for leave and eligibility for CERB.
Although you were initially laid off due to COVID-19, I understand that you have now been recalled. The ESA permits employees to take a leave to care for a child “because of a matter related to” a designated infectious disease, “including, but not limited to, school or daycare closures.” Therefore, if you cannot secure a suitable daycare spot or your summer camps have been cancelled, you should qualify to take this leave.
In order to take DEL, you need to advise your employer in writing that you are taking this leave. While on leave, you should be eligible to remain on the CERB. The CERB has now been extended from 16 weeks to 24 weeks so if you are on leave and unable to work due to COVID-19, you can continue receiving CERB.Likely, your employer cannot terminate you for not being able to return to work due to school and daycare closures due to this type of leave being job-protected.
In Alberta, the Employment Standards Code allows for job-protected unpaid leave for up to five days in order to take care of family responsibilities for employees that have been working for an employer for at least 90 days.
This means your leave to watch your children is job-protected until the Alberta government allows daycares and schools to be open again or until this ministerial order expires .At that point, you would still be eligible for the CERB. As long as your employer does not terminate you with just cause but instead gives you a without-cause termination, you would still be eligible for EI which means you would still be eligible for the CERB up until the maximum 24 weeks.
Wasn't there a song 'Get a hair cut and get a real job!' Stop being government dependent and put your adult pants on!
I am an Ontario teacher can I double dip and collect Cerb also?
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