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

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


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 and special 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:
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” 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''.
* 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''.


Due to Covid-19, claimants can receive up to 50 weeks of regular benefits instead of 45 weeks. (As of the time of writing, these changes are in effect until September 25, 2021. Please check the CRA website for potential extensions or changes.)


== B. Special Benefits ==
== B. Special Benefits ==


Special benefits are available in special circumstances where the claimant has not lost their employment. Self-employed Canadians and permanent residents can also opt in. Ordinarily, a claimant requires 600 hours to qualify for special benefits, but temporary measures have lowered the requirement to 420 hours until September 24th, 2022. The rest of this chapter refers to the 420 hours threshold, but please note that number may change after September  24th, 2022. Please see the CRA website for the most up to date version of the rules. There are six types of EI special benefits: sickness, compassionate care, maternity, parental benefits, benefits for parents caring for a critically ill child, and benefits for persons providing care for a critically ill adult family member (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 a claimant has not collected any regular benefits and is just combining different special benefits to which they are entitled, the maximum number of weeks the claimant can collect is the combined maximum for each of the special benefits they are collecting.  To ensure they have time to collect all these combined weeks, their benefit period will also be extended to the combined maximum number of weeks of special benefits they can collect.
Both unemployed and employed claimants may qualify for special benefits.
 
If the claimant has collected regular benefits but is also entitled to collect special benefits during their benefit period, then the claimant can combine weeks of benefits, but the maximum number of combined weeks cannot be higher than 50.
 
== C. Sickness Benefits ==
 
=== 1. Entitlement ===
 
To qualify for sickness benefits, the claimant must be able to prove that they are unable to work due to illness, injury, or quarantine. This normally requires that the claimant obtain a medical certificate completed by a doctor 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 illness, injury, or quarantine must be that of the claimant personally. If you qualify for this benefit you may qualify for up to 15 weeks of sickness benefits. It is expected that the maximum will increase to 26 weeks sometime in the near future. Please see the CRA website to see if that change is in effect at the time you are reading this.


=== 2. 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 their regular or usual employment or other suitable employment” ('''EI Regulations''', 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 ('''EI Regulation''', s 40(3)).
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.  


:NOTE: For more information on claiming sickness benefits, please refer to the ESDC website: https://www.canada.ca/en/employment-social-development/programs/ei/ei-list/reports/sickness.html.
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.


== D. Compassionate Care Benefits ==
=== 1. Sickness Benefits ===


Compassionate Care Benefits may be paid up to a maximum of 26 weeks to a claimant who has to be absent from work to provide care or support to a gravely ill family member and is at risk of dying within 26 weeks.  The benefits for compassionate care must be claimed within a 52-week period that generally starts on the day the doctor certifies the family member is likely to die. Unemployed persons on EI can also apply for this type of benefit.
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)).  


To be eligible for Compassionate Care Benefits a claimant must apply and show that:
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.


*their regular weekly earnings from work have decreased by more than 40 percent; and
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).  
*they have accumulated 420 insured hours in their qualifying period.  


'''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.


The EI Act’s expanded definition of “family member” includes a claimant’s:
=== 2. Compassionate Care Benefits ===


*own child or the child of the spouse or common-law partner;
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.
*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 .  


To establish a claim for compassionate care benefits in order to care for a gravely ill person who considered you to be like a family member, medical proof is required.  This includes an Authorization to Release Medical Certificate form signed by the gravely ill person or their legal representative and a Medical Certificate for Employment Insurance Compassionate Care Benefits form signed by the medical doctor.
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.  


=== 1. Sharing Compassionate Care Benefits ===
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.


Compassionate care benefit can be shared with other family members as long as each one of the family members is also eligible. Family members can claim the benefits at the same time or at different times as long as the number of weeks claimed for compassionate care benefits does not exceed 26 weeks altogether.
'''Sharing compassionate care benefits'''


There is still a one-week waiting period before benefits can be claimed. However, if the benefit is to be shared with other family members, only the first family member to claim compassionate care benefit has to serve the one-week waiting period.  
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, and for a comprehensive list of persons included under the term “family member,” please refer to the ESDC website: http://www.servicecanada.gc.ca/eng/ei/types/compassionate_care.shtml#Definition.
'''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


== E. Benefits for Family Members of Critically Ill Children (PCIC) ==
=== 3. Family Caregiver Benefits ===


Eligible family members 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. The child must be under the age of 18 at the time that the beginning of the benefit window; if the child turns 18 at any time during the benefit window besides the beginning, the claimant will remain eligible to claim PCIC 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.  
As with other special benefits, the claimant must have an interruption of earnings (for special benefits, a greater than 40% reduction in earnings) and have 420 hours in their qualifying period.
These benefits are not available to family members 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.


PCIC benefits can be shared between both eligible family member.  Eligible family members can claim for PCIC benefits at the same time or at different times as long as the sum of the weeks claimed does not exceed the 35 weeks.
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.
 
:'''NOTE:''' For more information on claiming PCIC benefits, please refer to the ESDC website: https://www.canada.ca/en/services/benefits/ei/family-caregiver-children.html.
 
== F. Benefits for Family Members of Critically Ill Adult (PCIA): the Family Caregiver Benefit for Adults ==
 
Eligible family members who take leave from work to provide care or support to a family member with a life-threatening illness or injury can receive up to 15 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 adult is critically ill or, if the claim is made before the certificate is issued, from the date a specialist medical doctor certifies that the adult is critically ill or injured. The adult must be over the age of 18 at the time that the beginning of the benefit window.  
   
   
As with other special benefits, the claimant must have an interruption of earnings (for special benefits, a greater than 40% reduction in earnings) and have 420 hours in their qualifying period.
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 are not available to family members of an adult with a chronic illness or condition that is their normal state of health. There must be a significant change from the adult’s normal or baseline state of health at the time they are assessed by a specialist medical doctor.
 
PCIA benefits can be shared between more than one eligible family member. Family members can claim for PCIA benefits at the same time or at different times as long as the sum of the weeks claimed does not exceed the 15 weeks.
 
:'''NOTE:''' For more information on claiming PCIA benefits, please refer to the ESDC website: https://www.canada.ca/en/services/benefits/ei/family-caregiver-adults.html.
 
== G. Pregnancy Benefits ==
 
Pregnancy benefits are paid to an expectant or newly delivered mother. A mother can be entitled to both pregnancy benefits and parental 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.
 
=== 1. Entitlement ===
 
A claimant for pregnancy benefits must:
 
a) have 420 hours in their qualifying period;
 
b) prove her pregnancy; and


c) have an interruption of earnings.
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


:'''NOTE:''' Pursuant to s 40 (5) of the ''EI Regulations'', a claimant who terminates her pregnancy within the first 19 weeks is entitled to collect sickness benefits.
=== 4. Pregnancy Benefits  ===


=== 2. Benefit Period and Duration ===
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.


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


Benefits must be collected within 17 weeks after birth or due date, whichever is later. If the child born from the pregnancy is hospitalized, the benefit period may be extended by one week for each week or part of a week that the child is hospitalized (''EI Act'', s 22(6)). However, benefits may last no longer than 15 weeks total, even if extensions have been granted. As with claims for regular benefits, there is a one-week waiting period after the claim is made before benefits become payable.
'''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)).  


=== 3. Pregnancy Benefit Rate ===
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.  


The pregnancy benefit rate is the same as the regular benefit rate. However, no proof of availability is necessary. 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.
'''Note''': For more information on claiming maternity benefits, please refer to:
https://www.canada.ca/en/services/benefits/ei/ei-maternity-parental.html


:''NOTE:'' For more information on claiming pregnancy benefits, please refer to the ESDC website: https://www.canada.ca/en/services/benefits/ei/ei-maternity-parental.html.
=== 4. Parental Benefits  ===


== H. 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. 


There are two options available to parents; they may choose to get 55% of their wage for 40 weeks or they may choose to receive 33% of their wage for up to 69 weeks. 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 pregnancy 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.  


Should parents elect to receive benefits for up to 40 weeks, parents 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.  
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.  


Should parents elect to receive benefits for up to 69 weeks, parents can share the total benefit between the them as they choose. However, no parent may receive more than 61 weeks of benefits individually.  
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:


In either case, only parents who are major attachment claimants (i.e. have at least 600 insurable hours in their qualifying period) can qualify.  In other words, each parent must qualify individually, and one parent cannot qualify on behalf of the other. Due to Covid-19 claimants will only need 120 insured hours to qualify for benefits because they will get a one-time credit of 480 insured hours to help them meet the required 600 insured hours of work.
* standard parental: within 52 weeks (12 months)
* extended parental: within 78 weeks (18 months)


The period during which parental benefits can be claimed begins on the day the child is born, or placed with the parent for the purposes of adoptions, and ends 52 weeks later.  The 40 weeks of parental benefit do not need to be collected in consecutive weeks and can be collected at any time during this period.  Like other EI benefits, the claimant will receive 55% of their average weekly earnings.


Due to Covid-19 claimants will receive at least $300 per week before taxes for extended parental benefits but could receive more. (As of the time of writing, these changes are in effect until September 25, 2021. Please check the CRA website for potential extensions or changes.)
== C. EI Family Supplement for Low-Income Families ==


== I. Provisions 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.  
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 who qualify for the Canada Child Benefit, with a combined annual income of less than $25,921.


== J. Employment (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.  Eligibility for these benefits is determined by the criteria in s 58 of the ''EI Regulations'', and includes anyone whose benefit period ended within the last 60 months (see s. 76.11). Section 9 of the ''EI Act'' lists out certain types of benefits that could be conferred to claimants that meet the criteria in s 58.


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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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