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Employment Insurance (EI) Compassionate Care Benefits

  

 

 

Who is eligible?
Who is considered a family member?
 New
Definition of care or support

Sharing compassionate care benefits

Medical proof  

How, where and when to apply
What information/documents are needed?

When will you receive your first payment?
A 2-week waiting period to serve
Period during which you can receive compassionate care benefits 

In order to get paid
You wish to obtain information about your EI Insurance claim
Working while on compassionate care benefits
Various types of earnings
How much will you receive?
Compassionate care benefits combined with regular benefits
Compassionate care benefits combined with maternity, parental and sickness benefits


Quitting your job for compassionate care reasons
Labour disputes
Compassionate care benefits outside Canada
Other benefits from Canada's public pensions  

Repayment of benefits at income tax time
Your rights and responsibilities
Appealing a decision


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Who is eligible?

Compassionate care benefits may be paid up to a maximum of 6 weeks to a person who has to be absent from work to provide care or support to a gravely ill family member at risk of dying within 26 weeks. Unemployed persons on EI can also ask for this type of benefits.

To be eligible for compassionate care benefits you must apply and show that:

  • your regular weekly earnings from work have decreased by more than 40%; and
  • you have accumulated 600 insured hours in the last 52 weeks or since the start of your last claim. This period is called the qualifying period.

If you have been paid EI benefits in the past and you received a written notice,  for example, a warning letter or a penalty letter, for making a false statement, the required number of hours worked to claim compassionate care benefits will be higher. To know more...

The qualifying period is the shorter of:

  • the 52 week-period immediately before the start date of your claim, or 
  • the period since the start of a previous EI claim if that claim started during the 52 week-period.

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Who is considered a family member?

You can receive compassionate care benefits to care for the following family members: 

  • your child or the child of your spouse or common-law partner
  • your wife/husband or common-law partner; 
  • your father/mother;  
  • your father’s wife/mother’s husband;
  • the common-law partner of your father/mother.

Common-law partner means a person who has been living in a conjugal relationship with that person for at least a year.

Effective the week of June 11, 2006, the definition of “Family member” has been expanded. You can now receive compassionate care benefits to provide care or support to the following family members:

Expanded definition of "family member"

You can receive compassionate care benefits to care for your:

Or to care for the following family members of your spouse or common-law partner

Brothers or sisters and stepbrothers and stepsisters

Brothers or sisters and stepbrothers and stepsisters 

Grandparents and step grandparents

Grandparents

Grandchildren and their spouse or common-law partner

Grandchildren

Son-in-law and daughter-in-law, either married or common-law

Son-in-law and daughter-in-law, either married or common-law 

Father-in-law and mother-in-law, either married or common-law

 

Brother-in-law and sister-in-law, either married or common-law

 

Uncle and aunt and their spouse or common-law partner

Uncle and aunt

Nephew and niece and their spouse or common-law partner

Nephew and niece

Current or former foster parents

Current or former foster parents

Current or former foster children and their spouse or common-law partner

 

Current or former wards

Current or former wards

Current or former guardians or tutors and their spouse or common-law partner

 

You can also receive compassionate care benefits to care for a gravely ill person who considers you like a family member. For instance a close friend or neighbour. A signed “Compassionate Care Benefits Attestation” is required from the gravely ill person or their representative.

Please note: Benefits are only available as of the date the EI regulations change. You cannot claim compassionate care benefits to care for your newly eligible family members prior to June 11, 2006

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Definition of care or support

Care or support to a family member means: 

  • providing  psychological or emotional support, or 
  • arranging for care by a third party, or 
  • directly providing or participating in the care.

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Sharing compassionate care benefits

You can share the 6 weeks compassionate care benefits with other members of your family who must also apply and be eligible for these benefits.

The number of weeks that you will share with other members of your family should be decided and agreed between each family member requesting these benefits at the time you apply for compassionate care benefits. See example 1

Example 1  

Shared compassionate care benefits between 3 family members:

  • Yourself: Your claim starts on January 1, 2006 and you ask for 2 weeks;
  • Your sister: Her claim starts on January 29, 2006 and she asks for 1 week;
  • Your brother: His claim starts on June 11, 2006 and he asks for 3 weeks.

Medical certificate signed January 4, 2006.
The 26-week period starts on January 1, 2006 and ends on July 1, 2006.

As you are the 1st to claim compassionate care benefits, you serve the 2-week waiting period.

Waiting period to be served and number of weeks payable for each family member:

  • Yourself: 2 weeks waiting period from January 1 to January 14, 2006 and 2 weeks payable from January 15 to January 28, 2006;
  • Your sister: No waiting period to serve and 1 week payable from January 29 to February 4, 2006;
  • Your brother: No waiting period to serve and 3 weeks payable from June 11 to July 1, 2006.

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Medical proof

When requesting compassionate care benefits you must provide a medical certificate as proof that the ill family member needs care or support and is at risk of dying within 26 weeks. 

The medical certificate called "Medical certificate for Employment Insurance Compassionate Care Benefits" must be completed and signed by a medical doctor or other medical practitioner authorized to treat the gravely ill family member. 

Please note that the fees requested by the doctor are entirely at your own expense.

Another medical practitioner, such as a nurse practitioner, is accepted when:

  • the gravely ill family member is in a geographic location where treatment by a medical doctor is limited or not accessible, and
  • a medical doctor has authorized the other medical practitioner to treat the ill family member. 

Only one medical certificate is required per gravely ill family member within the 26-week period whether one person claims the total of 6 weeks of benefits or whether they are shared.

In the eventuality that more than one medical certificate is submitted, it's the 1st one that determines the start and end of the 26-week period.  

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How, where and when to apply

To receive compassionate care benefits you must submit an EI application on-line or in person at your Service Canada Centre. You should apply as soon as you stop working.

You must request your Record of Employment (ROE) from your last employer. If you have your ROE from your last employer, apply immediately. If you did not receive your last ROE, submit your application along with proof of employment, for example, pay stubs. If one or more ROE covering periods prior to your last employment are missing, you must still submit your claim for benefits.

If getting your ROE is a problem, your Service Canada Centre can help you. You will have to fill out a form "Request for Record of Employment" explaining what efforts you have made to obtain it. You will have to provide proof of your employment, such as: pay stubs, cancelled pay cheques, T4 slip, work schedules. If possible, we will use the proof to calculate your claim.

Delaying in filing your claim for benefits beyond 4 weeks after your last day of work may cause loss of benefits.

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What information/documents are needed?

  • Your Social Insurance Number (SIN). If your SIN begins with a 9, you need to supply proof of your immigration status and work permit.
  • A Record of Employment (ROE) from each job held over the last 52 weeks;
  • Personal identification such as your driver's licence, birth certificate or passport if you are applying in person;
  • Your complete bank information, as shown on your cheque or bank statement — or a voided personalized blank cheque from your current account. This will ensure that your payment of benefits will be made directly to your bank account with Direct Deposit;
  • Information about the ill family member, such as first and family name, date of birth and residential address;
  • Your detailed version of facts if you have quit or have been dismissed from any job in the last 52 weeks;
  • Details regarding your most recent employment: Your total salary before deductions including tips and commissions, your salary before deductions for your last week of work, from Sunday to your last day worked, gross amounts received or to be received: vacation pay, severance pay, pension, pay in lieu of notice or lay off and other monies.

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When will you receive your first payment?

If we have all the required information and if you qualify for benefits, your payment will usually be issued within 28 days from the date of filing your claim. If you do not qualify, we will notify you of the decision made on your claim.

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A 2-week waiting period to serve

You must serve a 2-week unpaid waiting period before your EI benefits begin to be paid. Generally, this period is the first 2 weeks of your claim. This is like a deductible for any kind of insurance. On the other hand, if you reopen a claim for benefits in which you have already served a 2-week waiting period, you do not serve another 2-week waiting period.

Earnings, for example,vacation pay, severance pay... made or allocated during the 2-week waiting period will be deducted in the first 3 weeks for which benefits are otherwise payable following the waiting period.

In some instances, the 2-week waiting period may be waived or deferred, but only under certain circumstances, for examples: 

  • If you get paid sick leave pay from your employer following your last day worked the waiting period may be waived; 
  • If compassionate care benefits are being shared by family members, only the first family member claiming these benefits serves the waiting period. In the event the other family members subsequently claim regular, sickness or maternity benefits, the 2-week waiting period would then have to be served;
  • If you receive group insurance payments, you can serve the 2-week waiting period during the last two weeks that these insurance payments are being paid;

In the situation where more than one family member claims compassionate care benefits at the same time, the family members are required to choose which individual serves the waiting period.

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Period during which you can receive compassionate care benefits?

A maximum of 6 weeks compassionate care benefits is payable within the 26-week period that starts with the earlier of:

  • the week the doctor signs the medical certificate, or
  • the week the doctor examine the gravely ill family member, or
  • the week the family member became gravely ill, if the doctor can determine that date, e.g. the date of the test results.

The benefits end when:

  • 6 weeks compassionate care benefits have been paid, or
  • the gravely ill family member dies or no longer requires care or support; benefits are paid to the end of the week, or
  • the 26-week period has expired,
  • you have exhausted the maximum benefits payable on your claim that combines compassionate care benefits with other types of EI benefits.

In the eventuality that more than one medical certificate is submitted, it's the 1st one that determines the start and end of the 26-week period.

Note: In case the gravely ill family member dies while you are collecting compassionate care benefits, you must let us know immediately to prevent EI overpayments. In that case, call our telephone information service at 1 800 206-7218  from 8:30 am to 4:30 pm and press "0" to speak to a representative. You can also write to us or go in person to your Service Canada Centre.

See example 2 for the period during which compassionate care benefits can be paid.

Example 2 

Period during which compassionate care benefits can be paid.

You already filed a claim for which you served the 2-week waiting period. On January 1, 2006 your father became gravely ill and you asked for the total of 6 weeks as follows: 

Number of weeks requested:

  • 3 weeks from January 1, 2006 to January 21, 2006; and
  • 3 weeks from May 7, 2006 to May 27, 2006.

Medical certificate signed January 4, 2006;
The 26-week period starts on January 1, 2006 and ends on July 1, 2006;
The gravely ill family member dies on May 12, 2006.

  • From January 1, 2006 to January 21, 2006, 3 weeks benefits are payable; 
  • From May 7, 2006 to May 13, 2006, 1 week is payable;
  • From May 14, 2006 to May 27, 2006, the 2 weeks of benefits are refused because the 26-week period ends at the death of the gravely ill family member. Therefore, benefits are only payable to the end of the week, which is May 13, 2006.

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In order to get paid...

Normally, a payment cannot be issued without a completed report. However, when applying for compassionate care benefits you do not have to complete reports to receive your EI benefits. To do this, you must sign a declaration of exemption at the time of applying. This declaration states that you must notify Human Resources and Skills Development Canada if you work, receive money or find yourself in a situation that may affect your EI payments. Your payments are made directly to your bank account with Direct Deposit.

Shortly after applying for compassionate care benefits, you will receive a statement in the mail indicating your Access code. Your Access code is a 4 digit number printed on your statement. It's needed, along with your Social Insurance Number (SIN), when you make telephone enquiries about your claim. Keep in mind that this does not mean that a decision has been made yet on your claim.

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You wish to get information about your EI insurance claim

If you have a current or previous claim for EI benefits, you can with our Internet service My Employment Insurance (EI) Information on-line:

  • View and update your personal information including your mailing address, telephone number and banking information for direct deposit.
  • View your current EI claim information.
  • View payment information on your current claim including deduction details.
  • View your previous claims for EI benefits.

Please note, if your bank account information changes or if you move, it is important that you let us know as soon as possible. You can update your mailing address, telephone number and direct deposit information by using My Employment Insurance (EI) Information on-line.

You can also obtain information about your EI claim by calling our telephone information service 1 800 206-7218 and choosing Option 1.

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Working while on compassionate care benefits

If you work while on compassionate care benefits you can earn $50 per week or 25% of your weekly benefits, whichever is higher. Any monies earned above that amount will be deducted dollar for dollar from your benefits. 

However, effective December 11, 2005, if you are living in one of the 23 participating economic regions, the amount you can earn while working part-time and receiving EI benefits is the greater of $75 or 40 % of weekly benefits. To know more... 

You must report all gross earnings — earnings before taxes and deductions — in the week(s) in which they are earned, as well as any other monies you may receive while collecting compassionate care benefits. Simply call our telephone information service at 1 800 206-7218 from 8:30 am to 4:30 pm and press "0" to speak to a representative. You can also write to us or go in person to your Service Canada Centre to report your earnings.

Tip: Use the reporting calendar — PDF 11 kb — to keep track of your earnings and hours worked. About PDF Files.

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Various types of earnings

Earnings paid or payable by your employer at the end of your employment or while you are receiving benefits, generally affect payment of your benefits. To know more...

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How much will you receive?

The basic benefit rate is 55% of your average insured earnings. The maximum EI benefits is $413 per week.Your EI payment is a taxable income, meaning federal and provincial or territorial — if it applies — taxes will be deducted.

You could receive a higher benefit rate if you are in a low-income family — an income of less than $25,921— with children and you or your spouse receive the Canada Child Tax Benefit (CCTB) Government of Canada site, you are entitled to the Family Supplement

Find out how we calculate the amount you will receive...

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Compassionate care benefits combined with regular benefits 

You may receive up to 50 weeks of benefits when compassionate care benefits are combined with regular benefits

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Compassionate care benefits combined with maternity, parental and sickness benefits

When compassionate care benefits are combined with maternity, parental and sickness benefits, you can received up to a combined maximum of 71 weeks. Certains conditions apply. If you are in that situation and want to know more, call our telephone information service at 1 800 206-7218  from 8:30 am to 4:30 pm and press "0" to speak to a representative. You can also write to us or go in person to your Service Canada Centre.

Find out more about : maternity, parental and sickness benefits...

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Quitting your job for compassionate care reasons

It is hoped that compassionate care benefits will help you provide care or support to a gravely ill family member at risk of dying without having to quit your job. If you do quit, you may still be paid compassionate care benefits, but there is a possibility that you will not be paid regular benefits.

You may be able to receive regular benefits if voluntarily leaving your employment was the only reasonable alternative in your case, considering all the circumstances. In other words, you took all the necessary steps to avoid quitting your employment.

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Labour disputes 

If your absence from work to claim compassionate care benefits was already approved by your employer before the work stoppage for strike, lockout or other form of labour dispute, you may be eligible for EI benefits.

Find out more about the consequences of labour disputes on EI benefits...

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Compassionate care benefits outside Canada

Compassionate care benefits to care for or support a family member who is gravely ill and at risk of dying can be paid regardless of where that family member — patient — lives. You have to apply for benefits and submit the same information/documents as required for a person taking care of a gravely ill family member residing in Canada. 

If you go outside Canada, you must advise Human Resources and Skills Development Canada by calling our telephone information service at 1 800 206-7218 from 8:30 am to 4:30 pm and press "0" to speak to a representative. You can also write to us or go in person to your Service Canada Centre.

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Other benefits from Canada's public pensions

The Canada Pension Plan pays disability and survivor benefits for those who qualify. 

It could provide a monthly income to the gravely ill family member that becomes severely disabled during the working years. It could also provide a monthly income to the surviving spouse or common-law partner and dependent children.

If you work in Quebec, you contribute to the Québec Pension Plan Web site outside the Government of Canada, which is similar to the Canada Pension Plan.

The gravely ill family member may be eligible to EI sickness benefits and disability benefits from the Canada or Quebec Pension Plan. That person may apply for both benefits at the same time. 

The Canada Canada Pension Plan and the Québec Pension also offer other types of benefits. Take the time to look at them.  

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Repayment of benefits at income tax time

When you file your income tax return, you will not be required to repay any of the compassionate care benefits you received. But, if you received compassionate care and regular benefits within the same taxation year, you may be required to repay some or all of the regular benefits. Further detailed information and examples on repayment of benefits... 

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Your rights and responsibilities

It is very important for you to know about your rights and responsibilities...

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Appealing a decision

If you disagree with an EI related decision you have the right to appeal. Information on how to file and prepare for an appeal can be found at Serving Employment Insurance Appellants... Government of Canada site

     
   
Last modified :  2006-10-12 Important Notices