Difference between revisions of "Types of Employment Insurance Benefits (8:IV)"

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== A. Regular Benefits ==
== A. Regular Benefits ==


Starting April 7, 2013, EI benefits are calculated using your highest weeks of earnings over the qualifying period (generally 52 weeks): http://www.servicecanada.gc.ca/eng/ei/vbw/index.shtml. (Applies to both Regular (A) and Special Benefits (B)).  
EI benefits are calculated using your '''highest weeks of earnings''' over the qualifying period (''EI Act'', s. 14(4)). This applies to both regular and special benefits.


Regular EI benefits are payable during the benefit period to a claimant who:
Regular EI benefits are payable during the benefit period to a claimant who:
*has had the requisite number of hours of insurable earnings during the qualifying period;
*has had an interruption of earnings from employment;
*is capable of and available for work, has made “reasonable and customary efforts” ; and
*is unable to find suitable employment.


The maximum number of weeks of regular benefits available to a claimant varies according to the claimant’s hours of insurable employment in the qualifying period, and the regional rate of unemployment. See Schedule I, s 12(2) of the ''EI Act''.
* was employed in insurable employment;
* lost their job through no fault of their own;
* has had an interruption of earnings from employment;
* has worked the required number of insurable employment hours during the qualifying period;
* is ready, willing, and capable of working each day;
* has made “reasonable and customary efforts” to find employment; and
* is unable to find suitable employment.


== B. Special Benefits ==
The maximum number of weeks of regular benefits available to a claimant varies according to the claimant’s hours of insurable employment in the qualifying period and the regional rate of unemployment. See Schedule I and s. 12(2) of the ''EI Act''.


This category includes sickness, compassionate care, pregnancy, parental benefits, and benefits for parents caring for a critically ill child (s 12(3)). More than one type of special benefit can be claimed within one benefit period. Similarly, special and regular benefits claims can be combined. However, s 12(6) sets out the maximum for such a combination. If the combination of regular and special benefits adds up to 50 or more weeks of benefits, the total number of weeks that a claimant is entitled to shall not exceed 50 weeks. If the combination adds up to 50 or  fewer weeks, the claimant may receive more than the number of weeks he or she is entitled to under special benefits, but not more than 50 weeks in total.
*In some cases, a claimant can receive greater than 50 weeks of special benefits and extend the benefit period beyond the usual 52 weeks while these benefits are being received. Claimants must not have been paid regular benefits during the benefit period, have been paid some combination of special benefits, and not have reached the maximum allowed amount of at least one of the types of special benefits that they have been paid (s 10(13)). In these cases, claimants will be able to receive up to the maximum number of weeks of each type of special benefits that they claimed before the benefit period was extended. 


== C. Sickness Benefits ==
== B. Special Benefits ==
 
=== 1. Entitlement ===
 
To qualify for sickness benefits, the claimant must be able to prove that he or she is unable to work due to illness, injury, or quarantine, which normally requires that the claimant obtain a medical certificate. The illness, injury, or quarantine must be that of the claimant personally, not a child or other family member.
 
==== a) Major Attachment Claimant ====
 
Up to 15 weeks of sickness benefits are payable to a claimant who is incapable of work due to a prescribed illness, injury, or quarantine (s  12(3)). Major attachment claimants can receive sickness benefits even if the illness is the reason for ceasing work.
 
==== b) Minor Attachment Claimant ====
 
A minor attachment claimant may qualify for up to 15 weeks of sickness benefits where the illness arose '''after the termination of employment'''. This is where the minor attachment claimant did not suffer an interruption of earnings due to illness, but whose illness arose  after the interruption (s 21(1)). If, due to the illness, the claimant cannot accept work, the claimant may be entitled to receive sickness benefits.
 
If a minor attachment claimant loses his or her job because of the illness or injury, the claimant will be eligible for regular benefits once  recovered and capable of accepting suitable employment, notwithstanding that he or she was ineligible for sickness benefits. In some cases, a claimant who loses previous employment – due to injury for example – may not immediately qualify for regular benefits if he or she is capable of performing other jobs and is actively seeking such employment.
 
=== 2. Sickness Benefit Rate ===
 
The sickness benefit rate is the same as the regular benefit rate and is subject to reduction due to “earnings”, which are allocated to weeks of sickness. In contrast to regular claimants, all “earnings” are deducted (s 21(3)). See [[Quantifying Employment Insurance Benefits (8:V)#D. Effect of Earnings | Section V.D: Effect of Earnings]], above.


Since paid sick leave benefits are regarded as earnings, they are deducted from EI benefits payable. An employee who receives paid sick leave  has not suffered an interruption of earnings and therefore is not eligible to establish a claim.  
Both unemployed and employed claimants may qualify for special benefits.


=== 3. Prescribed Illness, Injury or Quarantine ===
An interruption of earnings, for the purpose of accessing special benefits, arises when an insured person experiences a reduction in earnings of 40% or more. All special benefits require the claimant to have worked at least 600 hours of insurable employment in their qualifying period.


Sickness benefits are only available for a “prescribed illness, injury or quarantine that renders a claimant incapable of performing the functions of his or her regular or usual employment or other suitable employment” (s 40(4)). The onus is on the claimant to prove entitlement. A medical certificate is usually required, and the Commission may also require a claimant to undergo a medical examination at their direction pursuant to s 40(2) of the ''EI Regulations''. In those situations the Commission must pay travel and other expenses for the examination.  
There are six types of EI special benefits: maternity, parental, sickness, family caregiver benefit for children, family caregiver benefit for adults, and compassionate care (s. 12(3)). More than one type of special benefit can be claimed within one benefit period. Similarly, special and regular benefits claims can be combined.  


== D. Compassionate Care Benefits ==
If a claimant combines different special benefits to which they are entitled, their maximum benefit period will be increased to the combined maximum from each of the special benefits they are collecting, up to a maximum of 50 weeks.


At the time of writing, Compassionate Care Benefits may be paid upto a maximum of six weeks to a major attachment claimant who has to be absent from work to provide care or support to a gravely ill family member or a person who considers the claimant to be like a family member and is at  risk of dying within 26 weeks. As of January 3, 2016, the maximum weeks of benefits will be 26 weeks for anyone whose benefit period begins on or after that date, and the benefit period within which those benefits may be paid will be 52 weeks. Unemployed persons on EI can also apply  for this type of benefit.
=== 1. Sickness Benefits ===


To be eligible for Compassionate Care Benefits a claimant must apply and show that:
A person who becomes incapable of work by reason of illness, injury, or quarantine may receive sickness benefits for up to '''26 weeks'''. This normally requires the claimant to obtain a medical certificate signed by a physician or medical practitioner stating the expected duration of incapacity (EI Regulations, s. 40(1)).
*his or her regular weekly earnings from work have decreased by more than 40 percent; and
*he or she has accumulated 600 insured hours in the last 52 weeks or since the start of his or her last claim


The ''EI Act''’s expanded definition of “family member” includes a claimant’s:
The claimant must also show that they would have been available to work if they had not fallen ill, gotten injured, or placed in quarantine.  
*own child or the child of the spouse or common-law partner;
*wife/husband or common-law partner;
*father/mother or father’s wife/mother’s husband, if parent is remarried;
*common-law partner of father/mother, if there has been no remarriage; 
*other relatives; and
*anyone that the gravely ill person considers to be like a family member.  


'''NOTE:''' Please refer to the HRSDC web site for a comprehensive list of persons included under the term “family member”:  http://www.servicecanada.gc.ca/eng/ei/types/compassionate_care.shtml#Definition
The Commission may also require a claimant to undergo a medical examination, at their direction. In such situations, the Commission must pay travel and other expenses for the examination (EI Regulations, s. 40).  


To establish a claim for compassionate care benefits in order to care for a gravely ill person who considers you to be like a family member, a  signed “Compassionate Care Benefits Attestation” form must be obtained from the gravely ill person or their representative. A claimant will need to provide a medical certificate that indicates that the family member or friend is gravely ill with a significant risk of death within 26  weeks. The benefits will be given regardless of where the family member lives but a claimant will need to meet the same conditions that would apply if that ill person was in Canada.
'''NOTE''': For more information on claiming sickness benefits, please refer to the ESDC website:
https://www.canada.ca/en/services/benefits/ei/ei-sickness.html.


== E. Benefits for Parents of Critically Ill Children ==
=== 2. Compassionate Care Benefits ===


Eligible parents who take leave from work to provide care or support to a child with a life-threatening illness or injury can receive up to 35 weeks of benefits. The benefits must be collected in the 52-week window beginning on the day a medical certificate is issued showing that the child is critically ill or, if the claim is made before the certificate is issued, from the date a specialist medical doctor certifies that the child is critically ill or injured.  
Eligible family members who take leave from work to care or support for a family member with a serious medical condition and a significant risk of death, may receive up to '''26 weeks''' of benefits. The benefits must be collected within 52 weeks of the day a medical certificate is issued stating that the family member is critically ill. An unemployed person on EI can also apply for this benefit.


As with other special benefits, the claimant must have an interruption of earnings (for special benefits, a 40% reduction in earnings) and have 600 hours in their qualifying period.  
The claimant must demonstrate that they are a family member of the person who requires end-of-life care, or they are like a family member. If they are not a family member, either the person needing care, or their legal representative, must complete an attestation form to confirm that they consider the claimant to be like family. For a child, the parent or legal guardian must sign the form.  


These benefits are not available to parents of a child with a chronic illness or condition that is their normal state of health. There must be a significant change from the child’s normal or baseline state of health at the time they are assessed by a specialist medical doctor.  
To establish a claim for compassionate care benefits, medical proof of a significant risk of death within 26 weeks is required. The claimant must provide the Commission with an Authorization to Release Medical Records form signed by the ill person or their legal representative, and a Medical Certificate for Employment Insurance Compassionate Care Benefits form signed by their medical doctor.


== F. Pregnancy Benefits ==
'''Sharing compassionate care benefits'''


Like sickness benefits, pregnancy and parental benefits can be distinguished from regular EI benefits, because they are paid even though the applicant is not available for work. Pregnancy benefits are paid to an expectant or newly delivered mother. A mother can be entitled to both pregnancy benefits and parental benefits.  
The 26 weeks of compassionate care benefits can be shared by one or more claimants, and the weeks are to be divided as agreed to by those claimants (EI Act, s. 23.1(8)).  


=== 1. Entitlement ===
If the benefit is shared with another family member, only the first family member to claim the compassionate care benefit must serve the one-week waiting period.  


A claimant for pregnancy benefits must:  
'''NOTE''': For more information on claiming compassionate care benefits, please refer to the ESDC website:
*a) be a major attachment claimant;
https://www.canada.ca/en/services/benefits/ei/caregiving.html
*b) prove her pregnancy. This entails furnishing a certificate completed by a physician that sets out the expected date of birth, or providing such other evidence as the Commission may require (s 18(1));
*c) claim pregnancy benefits at any time during the 10 weeks before the expected delivery date, or at the latest, during the week the baby is  born, if the claimant wants to qualify for the full 15 weeks of benefits.  
*d) report the date of birth of the child on the report card for that week; and
*e) have an interruption of earnings.


'''NOTE:''' A pregnancy that is terminated within the first 19 weeks is an illness defined in s 40(5) of the ''EI Regulations'', and not a confinement.   
=== 3. Family Caregiver Benefits ===


=== 2. Benefit Period and Duration ===
Insured persons may take leave from work to provide care or support to a family member with a life-threatening illness or injury. The benefits must be collected within 52 weeks of the day a medical certificate is issued showing that the family member is critically ill, or from the date a physician otherwise certifies that they are critically ill or injured.  


Benefits can only be paid for a maximum of 15 consecutive weeks during the period that starts no more than eight weeks before the week when the claimant’s due date is expected or before the week when the birth actually occurs, whichever is earliest.  
If the critically ill family member is under the age of 18 at the beginning of the benefits period, the claimant is eligible for the “Family Caregiver Benefit for Children” and up to '''35 weeks''' of benefits. Otherwise, the claimant is eligible for the “Family Caregiver Benefit for Adults” and up to '''15 weeks''' of benefits.
These benefits are not available to family members of someone with a chronic illness or condition that is their normal state of health. There must be a significant change from the family member’s baseline state of health at the time they are assessed by a specialist medical doctor.


Benefits end 17 weeks after the week of the expected due date (or the week that the birth occurs, whichever is earlier). As with claims for regular benefits, there is a two-week waiting period after the claim is made before benefits become payable.  
These benefits can be shared between eligible family members. Eligible family members can claim these benefits at the same time or at different times.  


=== 3. Pregnancy Benefit Rate ===
'''NOTE''': For more information on claiming Family Caregiver Benefits for Children, please refer to the ESDC website: https://www.canada.ca/en/services/benefits/ei/family-caregiver-children.html.
'''NOTE''': For more on the Family Caregiver Benefits for Adults, refer to:
https://www.canada.ca/en/services/benefits/ei/family-caregiver-adults.html


The pregnancy benefit rate is the same as the regular benefit rate. All earnings received from other sources reduce benefits. However, no proof of availability is necessary. Money received under an employer’s sickness or maternity plan, other than a SUB plan, is regarded as earnings, and will be deducted. For a comprehensive list of what is and is not, regarded as earnings, see s 35 of the ''EI Regulations''. See also [[Quantifying Employment Insurance Benefits (8:V)#C. Effect of Earnings | Section V.C: Effect of Earnings]], above.
=== 4. Pregnancy Benefits ===


=== 4. When to File a Claim for Pregnancy Benefits ===
Pregnancy benefits are available to a person who is away from work because they are pregnant or have recently given birth. The person receiving maternity benefits may also be entitled to parental benefits. Proof or evidence of pregnancy must be provided to access the benefit. Surrogates are entitled to receive pregnancy benefits.


Since pregnancy benefits are not payable earlier than eight weeks before the expected date of delivery, a woman who wishes to receive  benefits from this early date should, due to the waiting period, go on leave, or terminate her employment (if that is her choice) and make her claim 10 weeks before the expected date of delivery. The two-week waiting period would then be served, and benefits would be payable for 15 consecutive weeks commencing on the eighth week before the expected week of delivery.  
If an insured person experiences a loss of pregnancy in its 20th week or later (due to a termination, stillbirth, or miscarriage) they remain entitled to collect up to 15 weeks of maternity benefits. A claimant who experiences a loss of pregnancy within the first 19 weeks may be entitled to collect sickness benefits, but not pregnancy benefits.


Alternatively, a woman may wish to work up until the week of birth, and then make her claim. The two-week waiting period would then be served and benefits would be payable for 15 consecutive weeks beginning with the third week after the date of birth. If a pregnant worker becomes too ill to work prior to the birth, she should make a “sickness” claim, until she becomes eligible for pregnancy benefits.  
'''Benefit period and duration'''
Pregnancy benefits can only be paid for a maximum of 15 weeks. The period can start no more than 12 weeks before the week when the claimant’s due date is expected or the week of the birth, whichever is earliest (EI Act, s. 22(2)).  


'''NOTE:''' Whenever a client wishes to make her claim, she should know that pregnancy benefits are payable for a maximum of 15 consecutive  weeks, and the latest week during which pregnancy benefits are payable is the 17th week after the week in which her delivery occurs (s 22(2)(b)(ii)). Thus, if the claim is made later than the week in which delivery occurs, the claimant may not receive the full 15 weeks benefits to which she would otherwise be entitled.  
Benefits must be collected within 17 weeks after the birth or due date, whichever is later. This timetable gives claimants flexibility in deciding when their benefit period will begin or end.  


=== 5. Availability of Regular Benefits on Termination of Maternity Benefits ===
'''Note''': For more information on claiming maternity benefits, please refer to:
https://www.canada.ca/en/services/benefits/ei/ei-maternity-parental.html


A maternity pregnancy claimant may be entitled to regular benefits when her maternity benefits terminate, but she must be “capable of and  available for work and unable to find suitable employment” in the same way as any other regular claimant. For example, she must prove that she has set up childcare arrangements so that she will be able to work immediately if a job is offered to her.
=== 4. Parental Benefits ===


The claimant would also need to show that she is unable to return to her previous job because of a lack of positions, or that her previous job was unsuitable for her in her current conditions (i.e. a nursing mother being exposed to toxic fumes or other similar health hazards).  
Parental benefits are available to the parents of a newborn or newly adopted child. They may choose to get 55% of their wages for '''40 weeks''' (standard parental), or they may choose to receive 33% of their wages for up to '''69 weeks''' (extended parental). These benefits are available to any parent, including adoptive parents, who experience an interruption of earnings to care for their new child. However, birth mothers can collect parental benefits in addition to their maternity benefits.


== G. Parental Benefits ==
If parents elect to receive benefits for up to 40 weeks, they can share the 40 weeks of benefits between them. However, each parent cannot individually claim more than 35 weeks. For example, if one parent claims 35 weeks of benefits, then the other parent may claim a maximum of 5 weeks. Benefits of up to 69 weeks may also be shared, however no parent may receive more than 61 weeks of benefits individually.


Under s 23, a new adoptive or natural parent (male or female) can remain at home to care for a new child and receive parental benefits for a  maximum of 35 weeks. This benefit can be received in addition to the pregnancy benefit. The parents can share the weeks they receive these benefits, as long as the total does not exceed the maximum of 35, and so long as they are both major attachment claimants (''EI Act'', s 12).
Only parents who are eligible claimants can qualify. In other words, each parent must qualify individually, and one parent cannot qualify on behalf of the other.  


Each parent is entitled to 55 percent of his or her average insurable earnings based on the rate calculation period and the divisor. To  qualify, an adoptive parent must be a major attachment claimant, have an interruption of earnings, and have custody of the adopted child.  
Although a claimant doesn’t have to take weeks of parental benefits consecutively, they must take them within specific periods, starting with the week of their child’s date of birth or the week their child is placed with them for the purpose of adoption. These periods are:


Parental benefits must be claimed during the period between the week the child arrives home and the 52 weeks following this date. In contrast to pregnancy benefits, parental benefits do not need to be claimed for consecutive weeks. Indeed, a new parent may find it desirable to “save” some weeks of parental  benefits for the later months of the claim, in case the baby (or the parent) develops health problems. Bill C-32 repealed s 23(3), and allows parents to claim an earnings exemption.
* standard parental: within 52 weeks (12 months)
* extended parental: within 78 weeks (18 months)


For a case dealing with the constitutional jurisdiction over parental benefits see ''Reference re Employment Insurance Act (Can.) ss 22 and 23'', 2005 SCC 56. It considered whether the federal government has the authority to provide pregnancy and parental benefits as part of its jurisdiction over “unemployment insurance”. The SCC reversed the Quebec Court of Appeals’ ruling, holding that the federal government does have jurisdiction to create such benefits as they are tied to unemployment.


== H. Provisions for Low Income Families ==
== C. EI Family Supplement for Low-Income Families ==


For claimants with children and low family incomes, there is a family supplement that could raise their benefit rate to a maximum of 80 percent. Low-income families are defined as those with a combined annual income of less than $25,921. Under s 16, if the claimants meet the criteria, one parent may be entitled to receive the family supplement. To determine eligibility, s 16(2) states that eligibility for the Child Tax Credit will be used. This links eligibility to fluctuations in the rate of inflation. Section 34 of the ''EI Regulations'' provides a more detailed breakdown of eligibility and benefits.  
If the claimant’s annual net family income does not exceed the EI low-income threshold for families ($25,921 as of 2024), they have children, and either the claimant or their spouse receives the Canada Child Benefit, they are eligible to receive the family supplement for low-income families. The family supplement can increase the benefit rate to a maximum of 80% of the claimant’s average insurable earnings.  


== I. Training Benefits ==
'''NOTE''': If both the claimant and their spouse claim EI benefits simultaneously, only one of them can receive the family supplement.


The EI budget includes discretionary funding for retraining. A claimant can apply to the Commission for an extension of benefits to improve his or her  employability. Eligibility for these benefits is determined by the criteria in s 58(1) of the ''EIA'', and includes anyone whose benefit period ended within  the last three years. The Commission has discretion to approve funding for benefits during training, and decisions on this matter cannot be appealed (''EI Act'', s 25(2)).
{{LSLAP Manual Navbox|type=chapters8-14}}

Latest revision as of 12:00, 8 August 2024

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 8, 2024.
LSLAP Manual
LSLAP Manual
This page is from the
Law Students' Legal
Advice Program Manual.
See the full contents.
LSLAP Manual
Introduction
Chapters
8. Employment Insurance
 · I. Introduction

 · II. Governing Legislation and Resources
 · III. Qualifying for EI
 · IV. Types of Benefits
 · V. Benefit Period
 · VI. Quantifying Benefits
 · VII. Benefit Entitlement
 · VIII. Penalties, Violations, and Offences
 · IX. Keeping Out of Trouble
 · X. Timing for Reporting
 · XI. Overpayment and Collections
 · XII. Reconsideration
 · XIII. Social Security Tribunal
 · XIV. Appeals
 · XV. Judicial Review
 · XVI. LSLAP's Use of This Chapter

 · Appendix A: Initial Application Checklist
v • d • e



A. Regular Benefits

EI benefits are calculated using your highest weeks of earnings over the qualifying period (EI Act, s. 14(4)). This applies to both regular and special benefits.

Regular EI benefits are payable during the benefit period to a claimant who:

  • was employed in insurable employment;
  • lost their job through no fault of their own;
  • has had an interruption of earnings from employment;
  • has worked the required number of insurable employment hours during the qualifying period;
  • is ready, willing, and capable of working each day;
  • has made “reasonable and customary efforts” to find employment; and
  • is unable to find suitable employment.

The maximum number of weeks of regular benefits available to a claimant varies according to the claimant’s hours of insurable employment in the qualifying period and the regional rate of unemployment. See Schedule I and s. 12(2) of the EI Act.


B. Special Benefits

Both unemployed and employed claimants may qualify for special benefits.

An interruption of earnings, for the purpose of accessing special benefits, arises when an insured person experiences a reduction in earnings of 40% or more. All special benefits require the claimant to have worked at least 600 hours of insurable employment in their qualifying period.

There are six types of EI special benefits: maternity, parental, sickness, family caregiver benefit for children, family caregiver benefit for adults, and compassionate care (s. 12(3)). More than one type of special benefit can be claimed within one benefit period. Similarly, special and regular benefits claims can be combined.

If a claimant combines different special benefits to which they are entitled, their maximum benefit period will be increased to the combined maximum from each of the special benefits they are collecting, up to a maximum of 50 weeks.

1. Sickness Benefits

A person who becomes incapable of work by reason of illness, injury, or quarantine may receive sickness benefits for up to 26 weeks. This normally requires the claimant to obtain a medical certificate signed by a physician or medical practitioner stating the expected duration of incapacity (EI Regulations, s. 40(1)).

The claimant must also show that they would have been available to work if they had not fallen ill, gotten injured, or placed in quarantine.

The Commission may also require a claimant to undergo a medical examination, at their direction. In such situations, the Commission must pay travel and other expenses for the examination (EI Regulations, s. 40).

NOTE: For more information on claiming sickness benefits, please refer to the ESDC website: https://www.canada.ca/en/services/benefits/ei/ei-sickness.html.

2. Compassionate Care Benefits

Eligible family members who take leave from work to care or support for a family member with a serious medical condition and a significant risk of death, may receive up to 26 weeks of benefits. The benefits must be collected within 52 weeks of the day a medical certificate is issued stating that the family member is critically ill. An unemployed person on EI can also apply for this benefit.

The claimant must demonstrate that they are a family member of the person who requires end-of-life care, or they are like a family member. If they are not a family member, either the person needing care, or their legal representative, must complete an attestation form to confirm that they consider the claimant to be like family. For a child, the parent or legal guardian must sign the form.

To establish a claim for compassionate care benefits, medical proof of a significant risk of death within 26 weeks is required. The claimant must provide the Commission with an Authorization to Release Medical Records form signed by the ill person or their legal representative, and a Medical Certificate for Employment Insurance Compassionate Care Benefits form signed by their medical doctor.

Sharing compassionate care benefits

The 26 weeks of compassionate care benefits can be shared by one or more claimants, and the weeks are to be divided as agreed to by those claimants (EI Act, s. 23.1(8)).

If the benefit is shared with another family member, only the first family member to claim the compassionate care benefit must serve the one-week waiting period.

NOTE: For more information on claiming compassionate care benefits, please refer to the ESDC website: https://www.canada.ca/en/services/benefits/ei/caregiving.html

3. Family Caregiver Benefits

Insured persons may take leave from work to provide care or support to a family member with a life-threatening illness or injury. The benefits must be collected within 52 weeks of the day a medical certificate is issued showing that the family member is critically ill, or from the date a physician otherwise certifies that they are critically ill or injured.

If the critically ill family member is under the age of 18 at the beginning of the benefits period, the claimant is eligible for the “Family Caregiver Benefit for Children” and up to 35 weeks of benefits. Otherwise, the claimant is eligible for the “Family Caregiver Benefit for Adults” and up to 15 weeks of benefits.

These benefits are not available to family members of someone with a chronic illness or condition that is their normal state of health. There must be a significant change from the family member’s baseline state of health at the time they are assessed by a specialist medical doctor.

These benefits can be shared between eligible family members. Eligible family members can claim these benefits at the same time or at different times.

NOTE: For more information on claiming Family Caregiver Benefits for Children, please refer to the ESDC website: https://www.canada.ca/en/services/benefits/ei/family-caregiver-children.html.

NOTE: For more on the Family Caregiver Benefits for Adults, refer to: https://www.canada.ca/en/services/benefits/ei/family-caregiver-adults.html

4. Pregnancy Benefits

Pregnancy benefits are available to a person who is away from work because they are pregnant or have recently given birth. The person receiving maternity benefits may also be entitled to parental benefits. Proof or evidence of pregnancy must be provided to access the benefit. Surrogates are entitled to receive pregnancy benefits.

If an insured person experiences a loss of pregnancy in its 20th week or later (due to a termination, stillbirth, or miscarriage) they remain entitled to collect up to 15 weeks of maternity benefits. A claimant who experiences a loss of pregnancy within the first 19 weeks may be entitled to collect sickness benefits, but not pregnancy benefits.

Benefit period and duration Pregnancy benefits can only be paid for a maximum of 15 weeks. The period can start no more than 12 weeks before the week when the claimant’s due date is expected or the week of the birth, whichever is earliest (EI Act, s. 22(2)).

Benefits must be collected within 17 weeks after the birth or due date, whichever is later. This timetable gives claimants flexibility in deciding when their benefit period will begin or end.

Note: For more information on claiming maternity benefits, please refer to: https://www.canada.ca/en/services/benefits/ei/ei-maternity-parental.html

4. Parental Benefits

Parental benefits are available to the parents of a newborn or newly adopted child. They may choose to get 55% of their wages for 40 weeks (standard parental), or they may choose to receive 33% of their wages for up to 69 weeks (extended parental). These benefits are available to any parent, including adoptive parents, who experience an interruption of earnings to care for their new child. However, birth mothers can collect parental benefits in addition to their maternity benefits.

If parents elect to receive benefits for up to 40 weeks, they can share the 40 weeks of benefits between them. However, each parent cannot individually claim more than 35 weeks. For example, if one parent claims 35 weeks of benefits, then the other parent may claim a maximum of 5 weeks. Benefits of up to 69 weeks may also be shared, however no parent may receive more than 61 weeks of benefits individually.

Only parents who are eligible claimants can qualify. In other words, each parent must qualify individually, and one parent cannot qualify on behalf of the other.

Although a claimant doesn’t have to take weeks of parental benefits consecutively, they must take them within specific periods, starting with the week of their child’s date of birth or the week their child is placed with them for the purpose of adoption. These periods are:

  • standard parental: within 52 weeks (12 months)
  • extended parental: within 78 weeks (18 months)


C. EI Family Supplement for Low-Income Families

If the claimant’s annual net family income does not exceed the EI low-income threshold for families ($25,921 as of 2024), they have children, and either the claimant or their spouse receives the Canada Child Benefit, they are eligible to receive the family supplement for low-income families. The family supplement can increase the benefit rate to a maximum of 80% of the claimant’s average insurable earnings.

NOTE: If both the claimant and their spouse claim EI benefits simultaneously, only one of them can receive the family supplement.

v • d • e
 
Chapters 8-14
Employment Insurance  · Employment Law  · Creditors and Debtors  · Consumer Protection  · Auto Insurance (ICBC)  · Motor Vehicle Law  · Mental Health Law
Chapter Eight:
Employment Insurance
Chapter Nine:
Employment Law
Chapter Ten:
Creditors' Remedies and Debtors' Assistance
Chapter Eleven:
Consumer Protection
Chapter Twelve:
Auto Insurance (ICBC)
Chapter Thirteen:
Motor Vehicle Law
Chapter Fourteen:
Mental Health Law
© Copyright 2023, The Greater Vancouver Law Students' Legal Advice Society.


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