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Difference between revisions of "Types of Employment Insurance Benefits (8:IV)"
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Types of Employment Insurance Benefits (8:IV) (view source)
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=== 5. Availability of Regular Benefits on Termination of Maternity Benefits === | === 5. Availability of Regular Benefits on Termination of Maternity Benefits === | ||
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. | |||
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). | |||
== G. Parental Benefits == | |||
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). | |||
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. | |||
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 ofparental 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 Bill C-32 repealed s 23(3), and allows parents to claim an earnings exemption.For a case dealing with the constitutional jurisdiction over parental benefits see Reference re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 For claimants with children and low family incomes, there is a family supplement that could raise their benefit rate to a maximum of80 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 beentitled 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 34ofthe EI Regulations provides a more detailed breakdown of eligibility and benefits. I.Training Benefits 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 isdetermined 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)). | |||
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