CERB for my Nanny?

[maryanne]

Hello Everyone,

We sponsored a nanny who arrived from the Philippines in May 2019 with an LMIA through the Live-in Caregiver Program (the rules changed a month later in June with the new Pilot Program).

Due to Covid-19, both me and my wife are not working for now (I have a home construction business) and cannot afford to pay her for the next few months until my business starts up again. I don't want to lay her off because we will need her again soon when things return to normal, and also because she is in the middle of a 2 year contract with us and would have to find another sponsor for just a few months.

Does anyone know if she can apply for the CERB (emergency response benefit) from the government?
Or would she apply for EI?
Or do I need to apply for her (as my employee) and give her a wage subsidy?

Appreciate a legal opinion on this because I don't want her to lose her caregiver status or time while we wait.

Thanks in advance for your help!

 

[scylla]

Hello Everyone,

We sponsored a nanny who arrived from the Philippines in May 2019 with an LMIA through the Live-in Caregiver Program (the rules changed a month later in June with the new Pilot Program).

Due to Covid-19, both me and my wife are not working for now (I have a home construction business) and cannot afford to pay her for the next few months until my business starts up again. I don't want to lay her off because we will need her again soon when things return to normal, and also because she is in the middle of a 2 year contract with us and would have to find another sponsor for just a few months.

Does anyone know if she can apply for the CERB (emergency response benefit) from the government?
Or would she apply for EI?
Or do I need to apply for her (as my employee) and give her a wage subsidy?

Appreciate a legal opinion on this because I don't want her to lose her caregiver status or time while we wait.

Thanks in advance for your help!

IMO is sounds like she has more than enough hours for EI so this would be the way to go.

FYI - You won't get a legal opinion here since we are all normal people like you. You'd need to reach out to a lawyer for a legal opinion.

 

[Copingwithlife]

Hello Everyone,

We sponsored a nanny who arrived from the Philippines in May 2019 with an LMIA through the Live-in Caregiver Program (the rules changed a month later in June with the new Pilot Program).

Due to Covid-19, both me and my wife are not working for now (I have a home construction business) and cannot afford to pay her for the next few months until my business starts up again. I don't want to lay her off because we will need her again soon when things return to normal, and also because she is in the middle of a 2 year contract with us and would have to find another sponsor for just a few months.

Does anyone know if she can apply for the CERB (emergency response benefit) from the government?
Or would she apply for EI?
Or do I need to apply for her (as my employee) and give her a wage subsidy?

Appreciate a legal opinion on this because I don't want her to lose her caregiver status or time while we wait.

Thanks in advance for your help!

She's not eligible for CERB. You'd have to issue her a ROE,but I'd advise you to call the Employer ROE help desk when it comes to the reason you are issuing it. If you indicate shortage of work on her ROE, that could mean you don't require her services anymore, and that information is shared with the IRCC
I would call the CRA and ask regarding the CEWS, wage subsidy program FIRST, before issuing a ROE

 

[maryanne]

She's not eligible for CERB. You'd have to issue her a ROE,but I'd advise you to call the Employer ROE help desk when it comes to the reason you are issuing it. If you indicate shortage of work on her ROE, that could mean you don't require her services anymore, and that information is shared with the IRCC
I would call the CRA and ask regarding the CEWS, wage subsidy program FIRST, before issuing a ROE

Thanks for your responses. Can you tell me the reason why she's not eligible for CERB? This situation is temporary and hopefully I will be able to pay her again soon, so I was hoping she could apply. I agree CEWS sounds like a good second option, I will look ino it.

I found this blog article online: https://nanniesoncall.com/blog/2020-03/i-cant-afford-to-pay-my-nanny-durning-covid-19-now-what/ but it's from March 31 and says I have to lay off my nanny which I'm not sure about. I was hoping I could put her in a 'temporary' out of work status instead of something more permanent.

I did call the CRA helpline and the lady told me to call a Nanny Agency or lawyer and see what they're advising the nannies, because she wasn't sure which route to take. Thankfully I found this forum!

 

[Copingwithlife]

With CERB she has to have lost her job directly because of the pandemic. She is indirectly in danger of losing her job, because you the employer has had a loss of business income affecting her getting paid .
This is just my guess at the situation. I’d apply for the CEWS. The Government is offering that program so individuals don’t apply to CERB or EI, and that employers will retain or call back the employees
If she applies for CERB, the system will
Look for a ROE, indicating she’s been laid off . If there’s no ROE, potentially the CRA could attempt to take back that CERB money

 

[canuck78]

If she is still living with you that also creates a problem.

 

[canuck_in_uk]

She's not eligible for CERB. You'd have to issue her a ROE,but I'd advise you to call the Employer ROE help desk when it comes to the reason you are issuing it. If you indicate shortage of work on her ROE, that could mean you don't require her services anymore, and that information is shared with the IRCC
I would call the CRA and ask regarding the CEWS, wage subsidy program FIRST, before issuing a ROE

ROEs are not shared with IRCC.

 

[Mbnaz]

Thanks for your responses. Can you tell me the reason why she's not eligible for CERB? This situation is temporary and hopefully I will be able to pay her again soon, so I was hoping she could apply. I agree CEWS sounds like a good second option, I will look ino it.

I found this blog article online: https://nanniesoncall.com/blog/2020-03/i-cant-afford-to-pay-my-nanny-durning-covid-19-now-what/ but it's from March 31 and says I have to lay off my nanny which I'm not sure about. I was hoping I could put her in a 'temporary' out of work status instead of something more permanent.

I did call the CRA helpline and the lady told me to call a Nanny Agency or lawyer and see what they're advising the nannies, because she wasn't sure which route to take. Thankfully I found this forum!

OPTION 1=If your nanny has completed 600 hours of work, she surely is eligible for EI however you have to put her on temporary layoff and give ROE.
2=She can get CERB as well but again you have to temporary layoff her or reduce her hours and pay max 1000 without laying her off. In both cases,as an employer you can recall your employee to work again once you regain your income to pay her. 3=Wage subsidy is pretty much same option as reducing hours but your nanny will be paid her regular wage with subsidy help.
4=Give her unpaid leave for few months and she can apply for CERB meanwhile.
My employer has temporarily laid me off and my benefits continue and it's written on CRA website that you can recall your employee on temp lay off without permanent layoff.

 

[canuck78]

The fact that the nanny is still living with this family creates an issue. This isn’t as a normal lay off.

 

[Mnpi]

Hi
I am also under child caregiver work permit and i have applied for cerb from last 2 months anybody can tell me that am i eligible for that or i should to pay back?

 

[canuck78]

Hi
I am also under child caregiver work permit and i have applied for cerb from last 2 months anybody can tell me that am i eligible for that or i should to pay back?

Had you earned 5k in the past year? It seems like you WP has already ended based on your previous posts. When does your WP end? Did you lose your job directly because of covid?

 

[rn_ontario0007]

Can anyone help me? I was laid off due to covid 19 last april, and my employer is asking me to go back. Do we need to apply for a new work permit and LMIA? My work permit is still valid until 2021.. appreciate ur comment/s.

 

[canuck78]

Can anyone help me? I was laid off due to covid 19 last april, and my employer is asking me to go back. Do we need to apply for a new work permit and LMIA? My work permit is still valid until 2021.. appreciate ur comment/s.

If it is the same employer no. You will need to let CRA know that you are returning back to work.

 

[rn_ontario0007]

If it is the same employer no. You will need to let CRA know that you are returning back to work.

Thank you very much.. I appreciate it..

 

[roxythromycin12]

Can anyone help me? I was laid off due to covid 19 last april, and my employer is asking me to go back. Do we need to apply for a new work permit and LMIA? My work permit is still valid until 2021.. appreciate ur comment/s.

Are u laid off temporarily or did she gave u ur ROE?