CAUT | ACPPU
Canadian Association of University Teachers
CAUT Policies
Policy Statement on ‘Deemed Hours’ for Employment Insurance
Contract Academic Staff (CAS) facing insecure employment sometimes need to resort to Canada’s Employment Insurance (EI) system. Since the 1990s, eligibility for EI benefits has been connected to the hours worked by the employee in the previous twelve-month period. CAS members, especially those who work part-time, have been disadvantaged by this system as our employers frequently underestimate the number of hours a CAS member has worked. Service Canada, the federal agency that operates the EI system, typically accepts the employer’s “deeming” of hours without dispute. Recent court cases demonstrate the need to negotiate collective agreement protections for CAS members.1Academic staff associations should negotiate collective agreement language to establish “deemed hours” worked for the purposes of EI. Such language cannot be arbitrary, and must be based on realistic evaluations of the effort required. Collective agreement language must recognize 1) that deemed hours calculations cover the duration of the work associated with the contract, 2) that required hours will increase with enrolment, 3) that required hours may vary when a course is offered for the first time and 4) other variables unique to the local situation. In addition the agreement should provide the option of using a member’s personal log of actual hours worked for purposes of establishing the “deemed hours”.
Approved by CAUT Council, November 2008.
Endnote1. See Franke v. Minister of National Revenue, and McKenna v. Minister of National Revenue.
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